Texas 2009 - 81st Regular

Texas House Bill HB4568 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2985 UM-F
2	2	By: Zerwas H.B. No. 4568
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to investigations of child abuse and neglect, including
8	8	the placement of children removed from their homes as a result of an
9	9	investigation.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 262.112(a) and (b), Family Code, are
12	12	amended to read as follows:
13	13	(a) The Department of Family and Protective [and
14	14	Regulatory] Services and the parent, conservator, or legal guardian
15	15	of a child are [is] entitled to an expedited hearing under this
16	16	chapter in any proceeding in which a hearing is required if the
17	17	department determines that a child should be removed from the
18	18	child's home because of an immediate danger to the physical health
19	19	or safety of the child.
20	20	(b) In any proceeding in which an expedited hearing is held
21	21	under Subsection (a), the department, parent, conservator,
22	22	guardian, or other party to the proceeding is entitled to an
23	23	expedited appeal on a ruling by a court that the child may or may not
24	24	be removed from the child's home.
25	25	SECTION 2. Section 262.114, Family Code, is amended to read
26	26	as follows:
27	27	Sec. 262.114. EVALUATION OF IDENTIFIED RELATIVES AND OTHER
28	28	DESIGNATED INDIVIDUALS; PLACEMENT. (a) If a governmental entity
29	29	determines, after completing an investigation, that a child should
30	30	be removed from the child's home and placed in the custody of the
31	31	Department of Family and Protective Services, the department shall,
32	32	on receiving the child placement resources form as provided under
33	33	Section 261.307, [Before a full adversary hearing under Subchapter
34	34	C, the Department of Family and Protective Services must]
35	35	immediately perform a background and criminal history check of:
36	36	(1) the relatives or other designated individuals
37	37	identified as a potential relative or designated caregiver, as
38	38	defined by Section 264.751; and
39	39	(2) each person over 18 years of age who resides in the
40	40	designated person's household [, on the proposed child placement
41	41	resources form provided under Section 261.307].
42	42	(a-1) The department shall evaluate each person listed on
43	43	the form by the standards outlined in Section 262.115 to determine
44	44	the relative or other designated individual who would be the most
45	45	appropriate substitute caregiver for the child [and must complete a
46	46	home study of the most appropriate substitute caregiver, if any,
47	47	before the full adversary hearing].
48	48	(a-2) The right of the parent, conservator, or legal
49	49	guardian of the child to designate the person with whom the child is
50	50	placed continues until the date the suit affecting the parent-child
51	51	relationship is dismissed. The parent, conservator, or legal
52	52	guardian may change the person designated on the child placement
53	53	resources form as a relative or designated caregiver. The
54	54	department shall place the child with the person subsequently
55	55	designated as a relative or designated caregiver, if the child is
56	56	removed from the care of a person who was previously designated.
57	57	(a-3) If the parent, conservator, or legal guardian fails to
58	58	designate [Until the department identifies] a relative or other
59	59	designated individual qualified to be a substitute caregiver, the
60	60	department must continue to explore substitute caregiver options.
61	61	The time frames in this subsection do not apply to a relative or
62	62	other designated individual located more than 100 miles from the
63	63	child's primary residence [in another state].
64	64	(b) [The department may place a child with a relative or
65	65	other designated individual identified on the proposed child
66	66	placement resources form if the department determines that the
67	67	placement is in the best interest of the child.] The department may
68	68	place the child with the relative or designated individual before
69	69	conducting the background and criminal history check [or home
70	70	study] required under Subsection (a). The department shall provide
71	71	a copy of an informational manual required under Section 261.3071
72	72	to the relative or other designated caregiver at the time of the
73	73	child's placement.
74	74	(c) The department shall provide the mother of a child who
75	75	is breast-feeding with scheduled visitation periods at appropriate
76	76	intervals to allow the mother to continue breast-feeding the child,
77	77	unless the court finds after a hearing that the mother is not fit
78	78	for these visitation periods.
79	79	(d) At each hearing conducted in a suit affecting the
80	80	parent-child relationship filed under this chapter, the court shall
81	81	inform the child's parent, conservator, or legal guardian orally
82	82	and in writing of that person's right to designate a relative or
83	83	designated caregiver with whom the child is placed.
84	84	SECTION 3. Subchapter B, Chapter 262, Family Code, is
85	85	amended by adding Section 262.115 to read as follows:
86	86	Sec. 262.115. LIMITATION ON PLACEMENT WITH DESIGNATED
87	87	PERSON. (a) Except as provided by Subsection (c), the department
88	88	may not place a child with a person designated by the child's
89	89	parent, conservator, or legal guardian under Section 262.114 if the
90	90	department determines that:
91	91	(1) the placement would expose the child to immediate
92	92	danger to the child's physical health or safety; or
93	93	(2) the designated person or another person in the
94	94	designated person's household:
95	95	(A) is listed in the department's statewide
96	96	central registry system with a finding that the department
97	97	confirmed, had reason to believe, or could not determine that the
98	98	person abused or neglected a child;
99	99	(B) is the subject of a report of child abuse or
100	100	neglect being investigated by the department;
101	101	(C) has been found to have committed family
102	102	violence and is or has been the subject of a protective order
103	103	rendered under Title 4;
104	104	(D) has been convicted of a felony, is under
105	105	indictment for or charged with an offense punishable as a felony, or
106	106	is under investigation by a state or federal law enforcement agency
107	107	for an offense punishable as a felony; or
108	108	(E) has previously voluntarily relinquished
109	109	parental rights as the result of an allegation of child abuse or
110	110	neglect.
111	111	(b) A law enforcement agency in this state, on request by
112	112	the department, shall assist in conducting a criminal background
113	113	check on a designated person or any other person in the designated
114	114	person's household.
115	115	(c) The department may place a child with a person described
116	116	by Subsection (a) if the department determines that placement of
117	117	the child with the designated person will not endanger the child.
118	118	(d) If the department determines that the designated person
119	119	under Section 262.114 is not an appropriate placement for the
120	120	child, the department shall immediately provide the parent,
121	121	conservator, or legal guardian with written notice stating the
122	122	specific facts leading to the department's objections to the
123	123	placement. The parent, conservator, or legal guardian may
124	124	challenge the department's placement decision by filing a motion
125	125	for a hearing before the court. The court shall render an order
126	126	regarding placement of the child after hearing testimony from the
127	127	parties. The court may approve the placement of the child with the
128	128	designated person and order any modification the court determines
129	129	necessary to address the department's written objections.
130	130	SECTION 4. Section 264.751(1), Family Code, is amended to
131	131	read as follows:
132	132	(1) "Designated caregiver" means an individual
133	133	qualified under Section 262.114 [who has a longstanding and
134	134	significant relationship with a child for whom the department has
135	135	been appointed managing conservator and] who:
136	136	(A) is appointed to provide substitute care for
137	137	the child, but is not licensed or certified to operate a foster
138	138	home, foster group home, agency foster home, or agency foster group
139	139	home under Chapter 42, Human Resources Code; or
140	140	(B) is subsequently appointed permanent managing
141	141	conservator of the child after providing the care described by
142	142	Paragraph (A).
143	143	SECTION 5. Section 264.753, Family Code, is amended to read
144	144	as follows:
145	145	Sec. 264.753. EXPEDITED PLACEMENT. Because there is a
146	146	rebuttable presumption that placing a child in the care of a person
147	147	designated by the child's parent, conservator, or legal guardian is
148	148	in the child's best interest, the [The] department or other
149	149	authorized entity shall expedite the completion of the background
150	150	and criminal history check according to Section 262.114[, the home
151	151	study,] and any other administrative procedure to ensure that the
152	152	child is placed with a qualified relative or caregiver as soon as
153	153	possible after the date the caregiver is identified.
154	154	SECTION 6. Section 264.754, Family Code, is amended to read
155	155	as follows:
156	156	Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF
157	157	CHILD WITH DESIGNATED CAREGIVER. After [Before] placing a child
158	158	with a proposed relative or other designated caregiver under the
159	159	standards of Sections 262.114 and 262.115, the department may
160	160	[must] conduct a comprehensive [an] investigation, including a home
161	161	study, to determine whether the designated [proposed] placement
162	162	meets the minimum standards for the health and safety of the child.
163	163	There is a rebuttable presumption that a placement with a
164	164	designated caregiver is in the child's best interest.
165	165	SECTION 7. The changes in law made by this Act apply only to
166	166	an investigation of a report of child abuse or neglect that is made,
167	167	or a suit affecting the parent-child relationship that is
168	168	commenced, on or after the effective date of this Act. A report
169	169	that is made or a suit that is commenced before the effective date
170	170	of this Act is governed by the law in effect on the date the report
171	171	was made or the suit was commenced, and the former law is continued
172	172	in effect for that purpose.
173	173	SECTION 8. This Act takes effect September 1, 2009.