| 1 | 1 | | 85R4475 MK-D |
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| 2 | 2 | | By: Wu H.B. No. 1446 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the placement of a child in the possession of the |
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| 8 | 8 | | Department of Family and Protective Services with a nonoffending |
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| 9 | 9 | | parent or absentee parent of the child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 262, Family Code, is |
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| 12 | 12 | | amended by adding Section 262.1141 to read as follows: |
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| 13 | 13 | | Sec. 262.1141. ABSENTEE AND NONOFFENDING PARENTS; |
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| 14 | 14 | | PLACEMENT. (a) In this section: |
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| 15 | 15 | | (1) "Absentee parent" means the parent of a child who: |
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| 16 | 16 | | (A) does not have custody of the child; |
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| 17 | 17 | | (B) has not contributed to the care or welfare of |
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| 18 | 18 | | the child; and |
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| 19 | 19 | | (C) has been ruled out as a caregiver for the |
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| 20 | 20 | | child by the Department of Family and Protective Services on the |
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| 21 | 21 | | basis of a child protective services background and criminal |
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| 22 | 22 | | history check or a home study. |
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| 23 | 23 | | (2) "Nonoffending parent" means the parent of a child |
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| 24 | 24 | | who: |
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| 25 | 25 | | (A) does not have custody of the child but has |
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| 26 | 26 | | contributed to the care or welfare of the child; and |
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| 27 | 27 | | (B) has been determined by the Department of |
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| 28 | 28 | | Family and Protective Services to be an appropriate caregiver for |
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| 29 | 29 | | the child on the basis of a child protective services background and |
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| 30 | 30 | | criminal history check and a home study. |
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| 31 | 31 | | (b) When the Department of Family and Protective Services or |
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| 32 | 32 | | another agency takes possession of a child under this chapter, the |
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| 33 | 33 | | department shall give a nonoffending parent priority as a |
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| 34 | 34 | | substitute caregiver for the child. The department may not place a |
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| 35 | 35 | | child with an absentee parent without prior court approval. |
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| 36 | 36 | | SECTION 2. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2017. |
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