Texas 2009 - 81st Regular

Texas Senate Bill SB2385 Compare Versions

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Old	New	Differences
1	1	S.B. No. 2385
2	2
3	3
4	4	AN ACT
5	5	relating to information regarding the relative or designated
6	6	caregivers for a child in the managing conservatorship of the
7	7	state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 262.114, Family Code, is amended by
10	10	adding Subsections (a-1) and (a-2) to read as follows:
11	11	(a-1) At the full adversary hearing under Section 262.201,
12	12	the department shall, after redacting any social security numbers,
13	13	file with the court:
14	14	(1) a copy of each proposed child placement resources
15	15	form completed by the parent or other person having legal custody of
16	16	the child;
17	17	(2) a copy of any completed home study performed under
18	18	Subsection (a); and
19	19	(3) the name of the relative or other designated
20	20	caregiver, if any, with whom the child has been placed.
21	21	(a-2) If the child has not been placed with a relative or
22	22	other designated caregiver by the time of the full adversary
23	23	hearing under Section 262.201, the department shall file with the
24	24	court a statement that explains:
25	25	(1) the reasons why the department has not placed the
26	26	child with a relative or other designated caregiver listed on the
27	27	proposed child placement resources form; and
28	28	(2) the actions the department is taking, if any, to
29	29	place the child with a relative or other designated caregiver.
30	30	SECTION 2. Subsection (c), Section 262.201, Family Code, is
31	31	amended to read as follows:
32	32	(c) If the court finds sufficient evidence to satisfy a
33	33	person of ordinary prudence and caution that there is a continuing
34	34	danger to the physical health or safety of the child and for the
35	35	child to remain in the home is contrary to the welfare of the child,
36	36	the court shall issue an appropriate temporary order under Chapter
37	37	105. The court shall require each parent, alleged father, or
38	38	relative of the child before the court to complete [submit] the
39	39	proposed child placement resources form provided under Section
40	40	261.307 and file the form with the court, if the form has not been
41	41	previously filed with the court [provided], and provide the
42	42	Department of Family and Protective Services with information
43	43	necessary to locate any other absent parent, alleged father, or
44	44	relative of the child. The court shall inform each parent, alleged
45	45	father, or relative of the child before the court that the person's
46	46	failure to submit the proposed child placement resources form will
47	47	not delay any court proceedings relating to the child. The court
48	48	shall inform each parent in open court that parental and custodial
49	49	rights and duties may be subject to restriction or to termination
50	50	unless the parent or parents are willing and able to provide the
51	51	child with a safe environment. If the court finds that the child
52	52	requires protection from family violence by a member of the child's
53	53	family or household, the court shall render a protective order
54	54	under Title 4 for the child. In this subsection, "family violence"
55	55	has the meaning assigned by Section 71.004.
56	56	SECTION 3. Subchapter A, Chapter 263, Family Code, is
57	57	amended by adding Section 263.003 to read as follows:
58	58	Sec. 263.003. INFORMATION RELATING TO PLACEMENT OF CHILD.
59	59	(a) Except as provided by Subsection (b), not later than the 10th
60	60	day before the date set for a hearing under this chapter, the
61	61	department shall file with the court any document described by
62	62	Sections 262.114(a-1) and (a-2) that has not been filed with the
63	63	court.
64	64	(b) The department is not required to file the documents
65	65	required by Subsection (a) if the child is in an adoptive placement
66	66	or another placement that is intended to be permanent.
67	67	SECTION 4. Subsections (a-1) and (a-2), Section 262.114,
68	68	and Section 263.003, Family Code, as added by this Act, apply only
69	69	to a suit affecting the parent-child relationship filed by the
70	70	Department of Family and Protective Services on or after the
71	71	effective date of this Act. A suit filed before the effective date
72	72	of this Act is governed by the law in effect on the date the suit was
73	73	filed, and the former law is continued in effect for that purpose.
74	74	SECTION 5. This Act takes effect September 1, 2009.
75	75	______________________________ ______________________________
76	76	President of the Senate Speaker of the House
77	77	I hereby certify that S.B. No. 2385 passed the Senate on
78	78	April 30, 2009, by the following vote: Yeas 31, Nays 0.
79	79	______________________________
80	80	Secretary of the Senate
81	81	I hereby certify that S.B. No. 2385 passed the House on
82	82	May 27, 2009, by the following vote: Yeas 148, Nays 0, one
83	83	present not voting.
84	84	______________________________
85	85	Chief Clerk of the House
86	86	Approved:
87	87	______________________________
88	88	Date
89	89	______________________________
90	90	Governor