Texas House Bill HB3562

Texas 2017 - 85th Regular

Caption

Relating to authorizing the foster parent of a foster child to take certain actions to protect the child from violence and kidnapping.

Impact

The legislation modifies existing laws governing foster children by explicitly granting foster parents more autonomy in response to certain threats to a child's safety. By allowing enrollment under an assumed name and facilitating relocation, HB3562 empowers foster parents to act swiftly in situations where a child's safety is compromised. This approach aligns with a growing recognition of the need for more flexible, immediate responses to protective concerns in child welfare while emphasizing the responsibility of the courts and the Department of Family and Protective Services in overseeing these measures.

Summary

House Bill 3562 seeks to enhance the protections available to foster children at risk of violence or kidnapping by allowing foster parents to take certain actions under court authorization. The bill amends the Family Code to permit foster parents to enroll children in schools and normalcy activities under an assumed name if the court finds reasonable cause of risk posed by the child's parent or an associated individual. This is intended to help shield vulnerable children from potential harm while ensuring their access to education and normal activities.

Contention

While the bill received support for its protective intent, there may be concerns regarding the implementation and oversight of such measures. Critics could argue that allowing foster parents to make significant decisions—like changing a child's name or relocating them—without broader oversight may lead to potential abuses or could complicate the reunification process for families. Furthermore, the provision that schools cannot disclose the enrollment of these children raises important discussions about transparency and accountability in the education system, particularly in balancing safety with the rights of biological parents.