Texas 2011 - 82nd Regular

Texas House Bill HB792

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the notice requirements for and effective date of a service plan filed by the Department of Family and Protective Services with regard to a child.

Impact

The changes introduced by HB 792 aim to impact the approach towards service plans in the child welfare system by reinforcing parental rights. Under the amended provisions, if a parent refuses to sign the service plan, it will be necessary for the court to approve the plan for it to take effect. This is significant as it underscores the importance of parental consent and provides a measure of protection against the misuse of service plans in the termination of parental rights. Furthermore, the bill also modifies the procedures for placing children with designated caregivers, creating a rebuttable presumption that such placements are in the best interests of the child.

Summary

House Bill 792 amends sections of the Texas Family Code regarding the notice requirements for service plans filed by the Department of Family and Protective Services (DFPS). The bill emphasizes that parents are not obligated to sign the service plan, highlighting that the fulfillment of its requirements does not guarantee the return of the child. This shift is intended to clarify the voluntary nature of compliance for parents to ensure that they do not inadvertently lose their rights as they navigate the child welfare system.

Sentiment

The sentiment surrounding HB 792 appears to be generally positive, particularly from advocates of parental rights and child welfare reform. Supporters praise the legislative changes for creating a clearer and more supportive framework for parents involved in the system. However, there are potential concerns from child welfare advocates who may worry that emphasizing voluntary compliance could lead to complications in ensuring a child's safety, particularly if parents misinterpret the nature of the service plan.

Contention

One notable point of contention regarding HB 792 is its implications for service planning and the potential risks involved in allowing parents to opt out of signing service plans without understanding the consequences. Critics have argued that while the bill strives to protect parental rights, it may inadvertently limit the ability of DFPS to enforce necessary protective measures for children, especially in cases where parents are non-compliant. The balance between maintaining parental rights and ensuring child safety continues to be a complex challenge in the ongoing discussions about this bill.

Companion Bills

No companion bills found.

Previously Filed As

TX HB5176

Relating to an annual report published by the Department of Family and Protective Services regarding child protective services.

TX HB1972

Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.

TX SB1930

Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or qualified residential treatment program.

TX HB968

Relating to procedures in certain suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

TX HB730

Relating to policies and procedures regarding certain suits affecting the parent-child relationship, investigations by the Department of Family and Protective Services, and parental child safety placements.

TX HB2541

Relating to policies and procedures regarding children placed by the Department of Family and Protective Services in a residential treatment center or program.

TX SB1853

Relating to certain procedures in a suit affecting the parent-child relationship for a child placed in the conservatorship of the Department of Family and Protective Services and the provision of family preservation services and community-based foster care.

TX HB5193

Relating to certain procedures in suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

TX HB4855

Relating to certain procedures in suits affecting the parent-child relationship filed by the Department of Family and Protective Services.

TX HB2794

Relating to the appointment of a guardian ad litem in certain suits filed by the Department of Family and Protective Services.

Similar Bills

No similar bills found.