Texas 2013 - 83rd Regular

Texas House Bill HB1453

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

Caption

Relating to visitation for certain children in the temporary managing conservatorship of the Department of Family and Protective Services.

Impact

The legislation introduces a framework for creating a temporary visitation schedule that aligns with the department's minimum visitation policies. It requires the department to work collaboratively with the child’s parents to develop this schedule, thereby promoting family engagement and consideration of the parents' views on visitation. The bill emphasizes the importance of timely reunification efforts and aims to uphold the integrity of family bonds during the child welfare process. Additionally, it specifies that the visitation plan must be submitted to the court and modified as necessary to serve the child's best interests.

Summary

House Bill 1453 addresses the issue of visitation rights for children under the temporary managing conservatorship of the Department of Family and Protective Services (DFPS). The bill mandates that a parent who had custody of the child prior to their removal has an opportunity to visit the child within three days of the department being granted temporary conservatorship. This provision is contingent on the department's assessment that visitation is in the child's best interest and does not conflict with any existing court orders regarding custody or access.

Contention

While the bill generally supports parental involvement, there are concerns regarding potential conflicts between the need for safety and the desire for parental visitation. The department is tasked with considering various factors, such as the child’s safety, age, and parents' wishes when determining visitation frequency and conditions. The bill is designed to balance parental rights with the welfare of the child, leading to potential debates around how these decisions are made and what constitutes the child's best interests.

Companion Bills

TX SB352

Identical Relating to visitation for certain children in the temporary managing conservatorship of the Department of Family and Protective Services.

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