| 1 | 1 | | 81R11285 MCK-D |
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| 2 | 2 | | By: Frost H.B. No. 3604 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the evaluation of potential foster parents and adoptive |
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| 8 | 8 | | parents. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter C, Chapter 42, Human Resources Code, |
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| 11 | 11 | | is amended by adding Section 42.064 to read as follows: |
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| 12 | 12 | | Sec. 42.064. PSYCHOLOGICAL EVALUATION REQUIRED. (a) The |
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| 13 | 13 | | department or a licensed child-placing agency may not place a child |
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| 14 | 14 | | in a licensed or verified foster home, foster group home, agency |
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| 15 | 15 | | foster home, or agency foster group home unless the department or |
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| 16 | 16 | | licensed child-placing agency has performed a psychological |
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| 17 | 17 | | evaluation of the operator of the home to determine the operator's |
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| 18 | 18 | | personality and emotional characteristics and strengths and |
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| 19 | 19 | | weaknesses to: |
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| 20 | 20 | | (1) determine whether the operator: |
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| 21 | 21 | | (A) is psychologically fit and emotionally |
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| 22 | 22 | | prepared to be a foster care provider; or |
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| 23 | 23 | | (B) poses a danger or risk to children in foster |
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| 24 | 24 | | care; and |
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| 25 | 25 | | (2) appropriately match the foster care provider with |
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| 26 | 26 | | a child for whom the foster care provider is best able to provide a |
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| 27 | 27 | | safe, nurturing environment. |
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| 28 | 28 | | (b) The department or a licensed child placing agency may |
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| 29 | 29 | | not place a child in an adoptive home unless the department or |
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| 30 | 30 | | licensed child-placing agency has performed a psychological |
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| 31 | 31 | | evaluation of the potential adoptive parents in the manner provided |
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| 32 | 32 | | by Subsection (a) for evaluating foster care providers. |
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| 33 | 33 | | (c) The department shall evaluate available nationally |
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| 34 | 34 | | recognized psychological examination and evaluation tools to |
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| 35 | 35 | | determine the appropriate examination or evaluation tool for |
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| 36 | 36 | | purposes of this section. |
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| 37 | 37 | | SECTION 2. Section 42.064, Human Resources Code, as added |
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| 38 | 38 | | by this Act, applies only to a child placed in a foster home or an |
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| 39 | 39 | | adoptive home on or after the effective date of this Act. A child |
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| 40 | 40 | | placed in a foster home or an adoptive home before the effective |
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| 41 | 41 | | date of this Act is governed by the law in effect at the time the |
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| 42 | 42 | | child was placed in the foster home or adoptive home, and the former |
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| 43 | 43 | | law is continued in effect for that purpose. |
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| 44 | 44 | | SECTION 3. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2009. |
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