Texas House Bill HB1446

Texas 2017 - 85th Regular

Caption

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.

Impact

The enactment of HB 1446 would modify existing protocols within the DFPS, establishing a clear definition for nonoffending and absentee parents. This delineation is pivotal as it ensures that nonoffending parents who have contributed to their child's welfare are recognized as preferable caregivers during child placement processes. Overall, the bill seeks to create a more conducive environment for family reunification whenever it is safe and appropriate to do so.

Summary

House Bill 1446 addresses the placement of children under the care of the Department of Family and Protective Services (DFPS) specifically concerning nonoffending parents and absentee parents. The bill emphasizes giving priority to nonoffending parents for the care of their children when the state intervenes, particularly in cases where children are taken into protective custody. This approach aims to maintain family connections and potentially mitigate the trauma of being placed in foster care.

Contention

Critics of the bill may raise concerns regarding the practical implications of prioritizing nonoffending parents, particularly the circumstances that can define 'nonoffending' and how quickly DFPS can determine the appropriateness of these parents as caregivers. Furthermore, there might be discussions on whether this provision unintentionally complicates situations involving absentee parents, who may not have had prior roles in the child's life but still seek custody. The balance between protecting children's best interests and the rights of parents remains a critical point of contention in the discussions surrounding this bill.