81R6048 MCK-D
By: Naishtat H.B. No. 1068
A BILL TO BE ENTITLED
AN ACT
relating to information regarding the relative or designated
caregivers for a child in the managing conservatorship of the
state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.114, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) At the full adversary hearing under Section 262.201,
the department shall, after redacting any social security numbers,
file with the court:
(1) a copy of each proposed child placement resources
form completed by the parent or other person having legal custody of
the child;
(2) the results of the background and criminal history
checks performed on each individual identified as a relative or
designated caregiver on the proposed child placement resources
form;
(3) the results of each completed home study of an
individual identified as a relative or designated caregiver on the
proposed child placement resources form; and
(4) a statement explaining the reasons the department
selected the specific substitute caregiver for the child.
SECTION 2. Section 262.201(c), Family Code, is amended to
read as follows:
(c) If the court finds sufficient evidence to satisfy a
person of ordinary prudence and caution that there is a continuing
danger to the physical health or safety of the child and for the
child to remain in the home is contrary to the welfare of the child,
the court shall issue an appropriate temporary order under Chapter
105. The court shall require each parent, alleged father, or
relative of the child before the court to complete [submit] the
proposed child placement resources form provided under Section
261.307 and file the form with the court, if the form has not been
previously filed with the court [provided], and provide the
Department of Family and Protective Services with information
necessary to locate any other absent parent, alleged father, or
relative of the child. The court shall inform each parent, alleged
father, or relative of the child before the court that the person's
failure to submit the proposed child placement resources form will
not delay any court proceedings relating to the child. The court
shall inform each parent in open court that parental and custodial
rights and duties may be subject to restriction or to termination
unless the parent or parents are willing and able to provide the
child with a safe environment. If the court finds that the child
requires protection from family violence by a member of the child's
family or household, the court shall render a protective order
under Title 4 for the child. In this subsection, "family violence"
has the meaning assigned by Section 71.004.
SECTION 3. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.003 to read as follows:
Sec. 263.003. INFORMATION RELATING TO PLACEMENT OF CHILD.
Not later than the 10th day before the date set for a hearing under
this chapter, the department shall file with the court any document
described by Section 262.114(a-1) that has not been filed with the
court.
SECTION 4. Sections 262.114(a-1) and 263.003, Family Code,
as added by this Act, apply only to a suit affecting the
parent-child relationship filed by the Department of Family and
Protective Services on or after the effective date of this Act. A
suit filed before the effective date of this Act is governed by the
law in effect on the date the suit was filed, and the former law is
continued in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2009.