AI-assisted research summary: This section requires a court to review and decide on a child’s placement in a qualified residential treatment program within 60 days, while the department must keep the court informed at later hearings.
Sec. 263.00201. REVIEW OF PLACEMENT IN QUALIFIED RESIDENTIAL TREATMENT PROGRAM. (a) In this section, "qualified residential treatment program" has the meaning assigned by 42 U.S.C. Section 672(k)(4). (b) Not later than the 60th day after the date the department places a child in a qualified residential treatment program, a court shall: (1) consider any assessment, determination, and documentation made by a qualified individual in accordance with 42 U.S.C. Section 675a(c) regarding the child's placement; (2) determine whether the child's needs can be met through placement in a foster home and, if not, whether: (A) placing the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and (B) placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan; and (3) approve or disapprove the placement. (c) Any written documentation prepared for the review of the child's placement under this section and any documentation regarding the determination and approval or disapproval of the placement in a qualified residential treatment program by the court under Subsection (b) shall be included in and made part of the child's permanency plan. (d) As long as a child remains in a qualified residential treatment program, the department shall at the status review hearing and each permanency hearing held with respect to the child provide the court with information: (1) demonstrating that: (A) ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster home; (B) placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; and (C) the placement is consistent with the short-term and long-term goals for the child, as specified in the child's permanency plan; (2) documenting the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and (3) documenting the efforts made by the department to prepare the child to return home or to be placed in a foster home or with a fit and willing relative, legal guardian, or adoptive parent. (e) The department may include the information required by Subsection (d) in any report the department is required to provide to the court before the hearing. (f) The review of a child's placement in a qualified residential treatment program may be conducted through a remote proceeding. For purposes of this subsection, "remote proceeding" means a proceeding before a court in which one or more of the participants, including a judge, party, attorney, witness, court reporter, child, or other individual, attends the proceeding remotely through the use of technology and the Internet. Added by Acts 2021, 87th Leg., R.S., Ch. 616 (S.B. 1575), Sec. 1, eff. September 1, 2021.