Texas House Bill HB1444

Texas 2017 - 85th Regular

Caption

Relating to the court's review of the placement of a child in certain court orders relating to a suit affecting the parent-child relationship involving a child in the conservatorship of the Department of Family and Protective Services.

Note

The provisions in the bill will take effect on September 1, 2017, and apply to any suit concerning parent-child relationships filed on or after this date. Existing suits will remain governed by previous laws, which could create a transitional period where both old and new standards coexist.

Impact

The enactment of HB1444 will likely streamline the administrative process for reviewing child placements, providing a legal framework that ensures courts actively consider family placement options. This could lead to a decrease in the number of children placed in non-family foster homes, aligning the state’s practice with child welfare best practices that promote family reunification and support. Furthermore, the law assures that courts are not just passively approving placements but are actively engaged in the oversight process, potentially leading to better outcomes for children in conservatorship.

Summary

House Bill 1444 aims to update the Family Code concerning the court's review procedure regarding the placement of children under the conservatorship of the Department of Family and Protective Services (DFPS). Specifically, it mandates that during each review hearing, the court must examine the placement of children not placed with relative or designated caregivers. The court is required to make a formal finding on whether DFPS can provide placement with a relative or a designated caregiver, including stating the supporting evidence for this determination. This aspect of the bill emphasizes the importance of maintaining family connections for children in the foster care system.

Contention

While HB1444 has been presented with the intention of improving child welfare, it may face scrutiny concerning its implementation. Stakeholders will need to evaluate whether the courts, agencies, and supports are adequately equipped to handle the increased responsibility that comes with active oversight of placements. Concerns may also arise regarding the evidence standards required to support the court's findings, especially in cases where family dynamics are complex. Advocates for children's rights may argue for robust guidelines to ensure that these processes do not inadvertently delay needed placements.