Sec. 263.503: Placement Review Hearings; Procedure

(a) At each placement review hearing, the court shall determine whether:

(1) the child’s current placement is necessary, safe, and appropriate for meeting the child’s needs, including with respect to a child placed outside of the state, whether the placement continues to be appropriate and in the best interest of the child;

(2) efforts have been made to ensure placement of the child in the least restrictive environment consistent with the best interest and special needs of the child if the child is placed in institutional care;

(3) the services that are needed to assist a child who is at least 16 years of age in making the transition from substitute care to independent living are available in the community;

(4) the child is receiving appropriate medical care;

(5) the child has been provided the opportunity, in a developmentally appropriate manner, to express the child’s opinion on the medical care provided;

(6) a child who is receiving psychotropic medication:

(A) has been provided appropriate psychosocial therapies, behavior strategies, and other non-pharmacological interventions; and

(B) has been seen by the prescribing physician, physician assistant, or advanced practice nurse at least once every 90 days for purposes of the review required by Section 266.011;

(7) other plans or services are needed to meet the child’s special needs or circumstances;

(8) the department or authorized agency has exercised due diligence in attempting to place the child for adoption if parental rights to the child have been terminated and the child is eligible for adoption;

(9) for a child for whom the department has been named managing conservator in a final order that does not include termination of parental rights, a permanent placement, including appointing a relative as permanent managing conservator or returning the child to a parent, is appropriate for the child;

(10) for a child whose permanency goal is another planned, permanent living arrangement, the department has:

(A) documented a compelling reason why adoption, permanent managing conservatorship with a relative or other suitable individual, or returning the child to a parent is not in the child’s best interest; and

(B) identified a family or other caring adult who has made a permanent commitment to the child;

(11) the department or authorized agency has made reasonable efforts to finalize the permanency plan that is in effect for the child; and

(12) if the child is committed to the Texas Juvenile Justice Department or released under supervision by the Texas Juvenile Justice Department, the child’s needs for treatment, rehabilitation, and education are being met;

(13) an education decision-maker for the child has been identified; and

(14) the child’s education needs and goals have been identified and addressed.

(b) For a child for whom the department has been named managing conservator in a final order that does not include termination of parental rights, the court may order the department to provide services to a parent for not more than six months after the date of the placement review hearing if:

(1) the child has not been placed with a relative or other individual, including a foster parent, who is seeking permanent managing conservatorship of the child; and

(2) the court determines that further efforts at reunification with a parent are:

(A) in the best interest of the child; and

(B) likely to result in the child’s safe return to the child’s parent.

Comments

Reenacted and amended by Acts 2011, 82nd Leg., R.S., Ch. 91, Sec. 9.003, eff. September 1, 2011.

Amended by Acts 2013, 83rd Leg., R.S., eff. September 1, 2013.