Bill Caption

Relating to requirements for the court in permanency hearings for children in the conservatorship of the Department of Family and Protective Services who are receiving transitional living services.

Fiscal Notes

From the LBB: Estimated Two-year Net Impact to General Revenue Related Funds for SB 1758, Committee Report 1st House, Substituted: a negative impact of ($2,465,024) through the biennium ending August 31, 2019. The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill.

The Department of Family and Protective Services is required to implement this Act only is the legislature appropriates money specifically for that purpose. If the legislature does not, the agency may, but is not required to, implement this Act using other appropriations available.

Bill Analysis

This bill would require the court in a permanency hearing before a final order is rendered to ask all parties present whether the child or child’s family has Native American heritage and identify any Native American tribe with which the child may be associated, and to determine whether the department has conducted an independent living skills assessment and whether the department has addressed the goals identified in the child’s permanency plan. The bill also would add provisions that the department must conduct an independent living skills assessment for children between 14 and 16 that are in the permanent managing conservatorship of the department, and 16 years of age and older in the department's conservatorship and annually update the assessment for each youth. The department would also be required to develop a standardized curriculum for the Preparation for Adult Living program and report the plan to the Legislature not later than December 1, 2018. 

Vote Recommendation Notes

This bill would enact largely procedural changes that do not appear to have a connection to our liberty principles, therefore we remain neutral. However, the provision requiring the determination of any Native American heritage or connection is one that seems to have no bearing on the care the child would receive therefore we believe an unnecessary and one we recommend be removed.