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