| 1 | 1 | | 81R2983 MCK-F |
|---|
| 2 | 2 | | By: Zerwas H.B. No. 4570 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to designated caregivers for children in the managing |
|---|
| 8 | 8 | | conservatorship of the state. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 262.114, Family Code, is amended to read |
|---|
| 11 | 11 | | as follows: |
|---|
| 12 | 12 | | Sec. 262.114. EVALUATION OF IDENTIFIED RELATIVES AND OTHER |
|---|
| 13 | 13 | | DESIGNATED INDIVIDUALS; PLACEMENT. (a) Before a full adversary |
|---|
| 14 | 14 | | hearing under Subchapter C, the Department of Family and Protective |
|---|
| 15 | 15 | | Services must perform a background and criminal history check of |
|---|
| 16 | 16 | | the relatives or other designated individuals identified as a |
|---|
| 17 | 17 | | potential relative or designated caregiver, as defined by Section |
|---|
| 18 | 18 | | 264.751, on the proposed child placement resources form provided |
|---|
| 19 | 19 | | under Section 261.307. The department shall evaluate each person |
|---|
| 20 | 20 | | listed on the form to determine the relative or other designated |
|---|
| 21 | 21 | | individual who would be the most appropriate substitute caregiver |
|---|
| 22 | 22 | | for the child and may [must] complete a home study of the most |
|---|
| 23 | 23 | | appropriate substitute caregiver, if any, before the full adversary |
|---|
| 24 | 24 | | hearing. Until the department identifies a relative or other |
|---|
| 25 | 25 | | designated individual qualified to be a substitute caregiver, the |
|---|
| 26 | 26 | | department must continue to explore substitute caregiver |
|---|
| 27 | 27 | | options. The time frames in this subsection do not apply to a |
|---|
| 28 | 28 | | relative or other designated individual located in another state. |
|---|
| 29 | 29 | | (b) The department may place a child with a relative or |
|---|
| 30 | 30 | | other designated individual identified on the proposed child |
|---|
| 31 | 31 | | placement resources form unless [if] the department determines that |
|---|
| 32 | 32 | | the placement is not in the best interest of the child. The |
|---|
| 33 | 33 | | department may place the child with the relative or designated |
|---|
| 34 | 34 | | individual before conducting the background and criminal history |
|---|
| 35 | 35 | | check [or home study] required under Subsection (a). The |
|---|
| 36 | 36 | | department shall provide a copy of an informational manual required |
|---|
| 37 | 37 | | under Section 261.3071 to the relative or other designated |
|---|
| 38 | 38 | | caregiver at the time of the child's placement. |
|---|
| 39 | 39 | | SECTION 2. Section 264.751(1), Family Code, is amended to |
|---|
| 40 | 40 | | read as follows: |
|---|
| 41 | 41 | | (1) "Designated caregiver" means an individual [who |
|---|
| 42 | 42 | | has a longstanding and significant relationship with a child for |
|---|
| 43 | 43 | | whom the department has been appointed managing conservator and] |
|---|
| 44 | 44 | | who: |
|---|
| 45 | 45 | | (A) is appointed to provide substitute care for |
|---|
| 46 | 46 | | a [the] child for whom the department has been appointed managing |
|---|
| 47 | 47 | | conservator, but is not licensed or certified to operate a foster |
|---|
| 48 | 48 | | home, foster group home, agency foster home, or agency foster group |
|---|
| 49 | 49 | | home under Chapter 42, Human Resources Code; or |
|---|
| 50 | 50 | | (B) is subsequently appointed permanent managing |
|---|
| 51 | 51 | | conservator of the child after providing the care described by |
|---|
| 52 | 52 | | Paragraph (A). |
|---|
| 53 | 53 | | SECTION 3. Section 264.752, Family Code, is amended by |
|---|
| 54 | 54 | | adding Subsection (d) to read as follows: |
|---|
| 55 | 55 | | (d) There is a rebuttable presumption that placing a child |
|---|
| 56 | 56 | | in the care of a person designated by the parent or other person |
|---|
| 57 | 57 | | having legal custody of the child is in the best interest of the |
|---|
| 58 | 58 | | child. |
|---|
| 59 | 59 | | SECTION 4. Section 264.753, Family Code, is amended to read |
|---|
| 60 | 60 | | as follows: |
|---|
| 61 | 61 | | Sec. 264.753. EXPEDITED PLACEMENT. The department or other |
|---|
| 62 | 62 | | authorized entity shall expedite the completion of the background |
|---|
| 63 | 63 | | and criminal history check[, the home study,] and any other |
|---|
| 64 | 64 | | administrative procedure to ensure that the child is placed with a |
|---|
| 65 | 65 | | qualified relative or caregiver as soon as possible after the date |
|---|
| 66 | 66 | | the caregiver is identified. |
|---|
| 67 | 67 | | SECTION 5. Section 264.754, Family Code, is amended to read |
|---|
| 68 | 68 | | as follows: |
|---|
| 69 | 69 | | Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF |
|---|
| 70 | 70 | | CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [Before] |
|---|
| 71 | 71 | | placing a child with a proposed relative or other designated |
|---|
| 72 | 72 | | caregiver, the department may [must] conduct a comprehensive [an] |
|---|
| 73 | 73 | | investigation including a home study to determine whether the |
|---|
| 74 | 74 | | [proposed] placement provides a safe environment for the child [is |
|---|
| 75 | 75 | | in the child's best interest]. |
|---|
| 76 | 76 | | SECTION 6. This Act takes effect September 1, 2009. |
|---|