85R1623 MK-D
By: Wu H.B. No. 698
A BILL TO BE ENTITLED
AN ACT
relating to notice given to certain persons before a change of
placement for a child in foster care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.018, Family Code, is amended by
amending Subsection (f) and adding Subsections (f-1) and (f-2) to
read as follows:
(f) Except as provided by Subsection (f-1) or (f-2), as [As]
soon as possible but not later than the 10th day after the date the
department becomes aware of a significant event affecting a child
in the conservatorship of the department, the department shall
provide notice of the significant event to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee;
(6) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(7) any other person determined by a court to have an
interest in the child's welfare.
(f-1) As soon as possible but not later than the fifth day
after the date a child-placing agency notifies the department of
the agency's intent to change the placement of a child in the
conservatorship of the department, the department shall give notice
of the impending placement change and the reason given for the
placement change to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(6) any other person determined by a court to have an
interest in the child's welfare.
(f-2) As soon as possible but not later than the fifth day
after the date a foster parent requests the removal of a child in
the conservatorship of the department from the foster home because
of an increase or decrease in the child's service level, the
department shall give notice of the impending placement change to:
(1) the child's parent;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee; and
(6) any other person determined by a court to have an
interest in the child's welfare.
SECTION 2. This Act takes effect September 1, 2017.