| 1 | 1 | | 83R13355 MCK-D |
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| 2 | 2 | | By: Cortez H.B. No. 1180 |
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| 3 | 3 | | Substitute the following for H.B. No. 1180: |
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| 4 | 4 | | By: Raymond C.S.H.B. No. 1180 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to foster care placement decisions made by the Department |
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| 10 | 10 | | of Family and Protective Services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 264.107, Family Code, is amended by |
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| 13 | 13 | | amending Subsection (e) and adding Subsection (e-1) to read as |
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| 14 | 14 | | follows: |
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| 15 | 15 | | (e) In making placement decisions, the department shall: |
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| 16 | 16 | | (1) consult with: |
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| 17 | 17 | | (A) the child's caseworker; and |
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| 18 | 18 | | (B) except when making an emergency placement |
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| 19 | 19 | | that does not allow time for the required consultations, the |
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| 20 | 20 | | child's attorney ad litem and [,] guardian ad litem and with any[, |
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| 21 | 21 | | or] court-appointed volunteer advocate for the child [when |
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| 22 | 22 | | possible]; and |
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| 23 | 23 | | (2) use clinical protocols to match a child to the most |
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| 24 | 24 | | appropriate placement resource. |
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| 25 | 25 | | (e-1) If the department is not able to consult with an |
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| 26 | 26 | | individual listed in Subsection (e)(1)(B) before the department |
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| 27 | 27 | | makes an emergency placement decision, the department, not later |
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| 28 | 28 | | than the end of the next business day after the placement is made, |
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| 29 | 29 | | shall notify and consult with that individual regarding the |
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| 30 | 30 | | placement. |
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| 31 | 31 | | SECTION 2. Section 264.107, Family Code, as amended by this |
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| 32 | 32 | | Act, applies only to a foster care placement decision made by the |
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| 33 | 33 | | Department of Family and Protective Services on or after the |
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| 34 | 34 | | effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2013. |
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