81R2983 MCK-F
By: Zerwas H.B. No. 4570
A BILL TO BE ENTITLED
AN ACT
relating to designated caregivers for children 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 to read
as follows:
Sec. 262.114. EVALUATION OF IDENTIFIED RELATIVES AND OTHER
DESIGNATED INDIVIDUALS; PLACEMENT. (a) Before a full adversary
hearing under Subchapter C, the Department of Family and Protective
Services must perform a background and criminal history check of
the relatives or other designated individuals identified as a
potential relative or designated caregiver, as defined by Section
264.751, on the proposed child placement resources form provided
under Section 261.307. The department shall evaluate each person
listed on the form to determine the relative or other designated
individual who would be the most appropriate substitute caregiver
for the child and may [must] complete a home study of the most
appropriate substitute caregiver, if any, before the full adversary
hearing. Until the department identifies a relative or other
designated individual qualified to be a substitute caregiver, the
department must continue to explore substitute caregiver
options. The time frames in this subsection do not apply to a
relative or other designated individual located in another state.
(b) The department may place a child with a relative or
other designated individual identified on the proposed child
placement resources form unless [if] the department determines that
the placement is not in the best interest of the child. The
department may place the child with the relative or designated
individual before conducting the background and criminal history
check [or home study] required under Subsection (a). The
department shall provide a copy of an informational manual required
under Section 261.3071 to the relative or other designated
caregiver at the time of the child's placement.
SECTION 2. Section 264.751(1), Family Code, is amended to
read as follows:
(1) "Designated caregiver" means an individual [who
has a longstanding and significant relationship with a child for
whom the department has been appointed managing conservator and]
who:
(A) is appointed to provide substitute care for
a [the] child for whom the department has been appointed managing
conservator, but is not licensed or certified to operate a foster
home, foster group home, agency foster home, or agency foster group
home under Chapter 42, Human Resources Code; or
(B) is subsequently appointed permanent managing
conservator of the child after providing the care described by
Paragraph (A).
SECTION 3. Section 264.752, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) There is a rebuttable presumption that placing a child
in the care of a person designated by the parent or other person
having legal custody of the child is in the best interest of the
child.
SECTION 4. Section 264.753, Family Code, is amended to read
as follows:
Sec. 264.753. EXPEDITED PLACEMENT. The department or other
authorized entity shall expedite the completion of the background
and criminal history check[, the home study,] and any other
administrative procedure to ensure that the child is placed with a
qualified relative or caregiver as soon as possible after the date
the caregiver is identified.
SECTION 5. Section 264.754, Family Code, is amended to read
as follows:
Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF
CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [Before]
placing a child with a proposed relative or other designated
caregiver, the department may [must] conduct a comprehensive [an]
investigation including a home study to determine whether the
[proposed] placement provides a safe environment for the child [is
in the child's best interest].
SECTION 6. This Act takes effect September 1, 2009.