83R5667 MCK-F
By: Zerwas H.B. No. 1152
A BILL TO BE ENTITLED
AN ACT
relating to investigations of child abuse or neglect, including the
placement of children removed from their homes as a result of an
investigation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 262.112(a) and (b), Family Code, are
amended to read as follows:
(a) The Department of Family and Protective [and
Regulatory] Services and the parent, conservator, or legal guardian
of a child are [is] entitled to an expedited hearing under this
chapter in any proceeding in which a hearing is required if the
department determines that a child should be removed from the
child's home because of an immediate danger to the physical health
or safety of the child.
(b) In any proceeding in which an expedited hearing is held
under Subsection (a), the department, parent, conservator, legal
guardian, or other party to the proceeding is entitled to an
expedited appeal on a ruling by a court regarding the removal of
[that] the child [may not be removed] from the child's home.
SECTION 2. Sections 262.114(a) and (b), Family Code, are
amended to read as follows:
(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 3. Subchapter B, Chapter 262, Family Code, is
amended by adding Section 262.115 to read as follows:
Sec. 262.115. LIMITATION ON PLACEMENT WITH DESIGNATED
PERSON. (a) Except as provided by Subsection (c), the Department
of Family and Protective Services may not place a child with a
person designated by the parent or other person having legal
custody of the child under Section 262.114 if the department
determines that:
(1) the placement would expose the child to immediate
danger to the child's physical health or safety; or
(2) the designated person or another person in the
designated person's household:
(A) is listed in the department's central
registry maintained under Section 261.002 with a finding that the
department confirmed, had reason to believe, or could not determine
that the person abused or neglected a child;
(B) is the subject of a report of child abuse or
neglect being investigated by the department;
(C) has been found to have committed family
violence and is or has been the subject of a protective order
rendered under Title 4;
(D) has been convicted of a felony, is under
indictment for or charged with an offense punishable as a felony, or
is under investigation by a state or federal law enforcement agency
for an offense punishable as a felony; or
(E) has previously voluntarily relinquished
parental rights as the result of an allegation of child abuse or
neglect.
(b) A law enforcement agency in this state, on request of
the department, shall assist in conducting a criminal background
check on a designated person or any other person in the designated
person's household.
(c) The department may place a child with a person described
by Subsection (a) if the department determines that placement of
the child with the designated person will not endanger the child.
(d) If the department determines that the designated person
under Section 262.114 is not an appropriate placement for the
child, the department shall immediately provide the parent or other
person having legal custody of the child with written notice
stating the specific facts leading to the department's objections
to the placement. The parent or other person having legal custody
of the child may challenge the department's placement decision by
filing a motion for a hearing before the court. The court shall
render an order regarding placement of the child after hearing
testimony from the parties. The court may approve the placement of
the child with the designated person and order any modification the
court determines necessary to address the department's written
objections.
SECTION 4. The changes in law made by this Act apply only to
an investigation of a report of child abuse or neglect that is made,
or a suit affecting the parent-child relationship that is
commenced, on or after the effective date of this Act. A report
that is made or a suit that is commenced before the effective date
of this Act is governed by the law in effect on the date the report
was made or the suit was commenced, and the former law is continued
in effect for that purpose.
SECTION 5. This Act takes effect September 1, 2013.