Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.
Impact
Should HB2864 be enacted, it will enhance the existing protocols surrounding child welfare and family reunification processes within the Texas Family Code. By specifying that the DFPS must engage in active efforts to prevent the removal of children or to facilitate their return, the bill aims to promote a more supportive and rehabilitative framework for families in crisis. This could lead to a more humane approach in cases involving child protective services, as it emphasizes family integrity before resorting to removal.
Summary
House Bill 2864 aims to amend the Family Code by introducing an 'active efforts' standard to govern the procedures regarding the removal of children under the conservative management of the Department of Family and Protective Services (DFPS). The bill seeks to ensure that every effort is made by the department to maintain or reunite the child with their family, focusing primarily on the child's health and safety as the paramount concern. It defines 'active efforts' as thorough, timely, and affirmative actions to meet the needs of both the child and their family, facilitating resources and support necessary for rehabilitation and safe reunification.
Contention
The introduction of this bill may bring about some contention regarding the definitions and implications of 'active efforts', as determining the adequacy of these efforts can be subjective and could lead to varied interpretations in court. Critics may argue that the safeguards introduced could complicate and prolong the removal processes in urgent cases where children's immediate safety is at risk. Strong discussions may arise around balancing the rights of parents to retain custody with the need to protect the welfare of vulnerable children. The bill may open debate on the appropriate level of intervention by the DFPS, particularly concerning cases involving parental substance abuse or neglect.
Texas Constitutional Statutes Affected
Family Code
Chapter 161. Termination Of The Parent-child Relationship
Section: New Section
Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
Section: New Section
Section: 105
Chapter 263. Review Of Placement Of Children Under Care Of Department Of Family And Protective Services
Identical
Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.
Relating to offenses involving the manufacture or delivery of certain controlled substances and the enforcement and prevention of those offenses; creating a criminal offense.
Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services and monetary assistance provided by the Department of Family and Protective Services to certain relative or designated caregivers.
Relating to the notice provided to certain persons concerning children in the managing conservatorship of the Department of Family and Protective Services.
Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.
Relating to procedures and grounds related to the removal and placement of children, including for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship filed by a governmental entity.
Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.
Relating to the continuation and functions of the Department of Family and Protective Services and procedures applicable to suits affecting the parent-child relationship, investigations of child abuse and neglect, and conservatorship of a child; affecting fee amounts and authorizing an administrative penalty.
Insurance: health insurers; coverage for intermediate and outpatient care for substance use disorder; modify. Amends secs. 2212e & 3425 of 1956 PA 218 (MCL 500.2212e & 500.3425).