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