HB 1446

Bill Subjects

Children And Minors, Child Support, Custody, And Visitation Children And Minors, Department Of Child Services Courts Generally Drugs, Treatment Of Drug And Other Substance Abuse

Abstract

Provides that if the dispositional decree entered in the case of a child who is removed from the home of the child's parent, guardian, or custodian provides for reunification of the child with the parent, guardian, or custodian, the department of child services (department) shall conduct random, unannounced, in-home, face-to-face assessments of the child not less than once each week for the first six months following the child's return to the home. Provides that: (1) if the dispositional decree entered in the case of a child who is removed from the home of the child's parent, guardian, or custodian: (A) provides for reunification of the child with the parent, guardian, or custodian; and (B) requires the parent, guardian, or custodian to participate in an addiction treatment program; the dispositional decree must require the parent, guardian, or custodian to submit to weekly, random drug testing for the first six months following the child's return to the home; and (2) if the parent, guardian, or custodian tests positive for a controlled substance or fails to submit to a required drug test after the child's return to the home, the department shall change the placement of the child and file an emergency motion with the court or request the court to issue a temporary order for an emergency change in the child's placement. Provides that if a child who is removed from the home of the child's parent, guardian, or custodian is returned to the home of the parent, guardian, or custodian for purposes of a trial home visit, the department shall conduct random, unannounced, in-home, face-to-face assessments of the child not less than once each week for the duration of the trial home visit. Provides that: (1) if a child is removed from the home of the child's parent, guardian, or custodian and the child's dispositional decree requires the child's parent, guardian, or custodian to participate in an addiction treatment program, the dispositional decree must require that the parent, guardian, or custodian submit to weekly, random drug testing for the duration of a trial home visit; and (2) if the parent, guardian, or custodian tests positive for a controlled substance or fails to submit to a required drug test during a trial home visit, the department shall terminate the trial home visit. Provides that a trial home visit must be at least three months in duration, subject to circumstances necessitating removal of the child from the home. Provides that if a dispositional decree requires a child's parent, guardian, or custodian to participate in a program of care, treatment, or rehabilitation and the court finds that the parent, guardian, or custodian has failed to make consistent and timely progress toward the goals set forth in the dispositional decree: (1) the department: (A) shall not allow the parent, guardian, or custodian supervised visitation with the child until the court finds that the parent, guardian, or custodian is making consistent and timely progress toward the goals set forth in the dispositional decree; and (B) shall not return the child to the home of the parent, guardian, or custodian, including for purposes of a trial home visit, or allow the parent, guardian, or custodian unsupervised visitation with the child, until the parent, guardian, or custodian completes the services required under the program of care, treatment, or rehabilitation; and (2) the court shall not modify the dispositional decree to reduce the number of services in which the parent, guardian, or custodian is required to participate unless the court finds that a compelling reason exists for the modification.