By: Dukes	H.B. No. 3530

	A BILL TO BE ENTITLED
	AN ACT
	relating to encouraging age-appropriate normalcy activities for
	children in the managing conservatorship of the state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 263.001(a), Family Code, is amended by
	amending Subdivision (1-a) and adding Subdivision (1-b) to read as
	follows:
	(1-a)  "Age-appropriate normalcy activity" has the
	meaning assigned by Section 264.001.
	(1-b)  "Department" means the Department of Family and
	Protective Services.
	SECTION 2.  Section 263.306, Family Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  In addition to the requirements of Subsection (a), at
	each permanency hearing the court shall review the department's
	efforts to ensure that the child has regular, ongoing opportunities
	to engage in age-appropriate normalcy activities, including
	activities not listed in the child's service plan.
	SECTION 3.  Section 263.503, Family Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  In addition to the requirements of Subsection (a), at
	each placement review hearing the court shall review the
	department's efforts to ensure that the child has regular, ongoing
	opportunities to engage in age-appropriate normalcy activities,
	including activities not listed in the child's service plan.
	SECTION 4.  Section 264.001, Family Code, is amended by
	amending Subdivision (1) and adding Subdivisions (1-a) and (5) to
	read as follows:
	(1)  "Age-appropriate normalcy activity" means an
	activity or experience:
	(A)  that is generally accepted as suitable for a
	child's age or level of maturity or that is determined to be
	developmentally appropriate for a child based on the development of
	cognitive, emotional, physical, and behavioral capacities that are
	typical for the age or age group; and
	(B)  in which a child who is not in the
	conservatorship of the state is generally allowed to participate,
	including extracurricular activities, in-school and out-of-school
	social activities, cultural and enrichment activities, and
	employment opportunities.
	(1-a)  "Department" means the Department of Family and
	Protective Services.
	(5)  "Standard of care of a reasonable and prudent
	parent" means the standard of care that a parent of reasonable
	judgment, skill, and caution would exercise in addressing the
	health, safety, and welfare of a child while encouraging the
	emotional and developmental growth of the child, taking into
	consideration:
	(A)  the overall health and safety of the child;
	(B)  the child's age, maturity, and development
	level;
	(C)  the best interest of the child based on the
	caregiver's knowledge of the child;
	(D)  the appropriateness of a proposed activity
	and any potential risk factors;
	(E)  the behavioral history of the child and the
	child's ability to safely participate in a proposed activity;
	(F)  the importance of encouraging the child's
	social, emotional, and developmental growth; and
	(G)  the importance of providing the child with
	the most family-like living experience possible.
	SECTION 5.  The heading to Section 264.114, Family Code, is
	amended to read as follows:
	Sec. 264.114.  IMMUNITY FROM LIABILITY; ADVERSE
	DEPARTMENTAL ACTION PROHIBITED.
	SECTION 6.  Section 264.114, Family Code, is amended by
	adding Subsections (c) and (d) to read as follows:
	(c)  A foster parent, other substitute caregiver, family
	relative or other designated caregiver, or licensed child placing
	agency caring for a child in the managing conservatorship of the
	department is not liable for harm caused to the child resulting from
	the child's participation in an age-appropriate normalcy activity
	approved by the caregiver if, in approving the child's
	participation in the activity, the caregiver exercised the standard
	of care of a reasonable and prudent parent.
	(d)  A licensed child placing agency is not subject to
	adverse action by the department, including contractual action or
	licensing or other regulatory action, arising out of the conduct of
	a foster parent who has exercised the standard of care of a
	reasonable and prudent parent.
	SECTION 7.  Subchapter B, Chapter 264, Family Code, is
	amended by adding Section 264.125 to read as follows:
	Sec. 264.125.  AGE-APPROPRIATE
	NORMALCY ACTIVITIES;
	STANDARD OF CARE.  (a) The department shall use its best efforts to
	normalize the lives of children in the managing conservatorship of
	the department by allowing substitute caregivers, without the
	department's prior approval, to make decisions similar to those a
	parent would be entitled to make regarding a child's participation
	in age-appropriate normalcy activities.
	(b)  In determining whether to allow a child in the managing
	conservatorship of the department to participate in an activity, a
	substitute caregiver must exercise the standard of care of a
	reasonable and prudent parent.
	(c)  The department shall adopt and implement policies
	consistent with this section promoting a substitute caregiver's
	ability to make decisions described by Subsection (a).  The
	department shall identify and review any departmental policy or
	procedure that may impede a substitute caregiver's ability to make
	such decisions.
	(d)  The department shall require licensed child placing
	agency personnel, residential child care licensing staff,
	conservatorship caseworkers, and other persons as may be determined
	by the department to complete a course of training regarding:
	(1)  the importance of a child's participation in
	age-appropriate normalcy activities and the benefits of such
	activities to a child's well-being, mental health, and social,
	emotional, and developmental growth; and
	(2)  substitute caregiver decision-making under the
	standard of care of a reasonable and prudent parent.
	SECTION 8.  The changes in law made by this Act to Sections
	263.306 and 263.503, Family Code, apply only to a permanency
	hearing or a placement review hearing conducted under Chapter 263,
	Family Code, on or after the effective date of this Act. A
	permanency hearing or a placement review hearing conducted before
	the effective date of this Act is governed by the law in effect on
	the date the hearing was conducted, and the former law is continued
	in effect for that purpose.
	SECTION 9.  This Act takes effect September 1, 2015.