By: Uresti S.B. No. 879
(Rose)
A BILL TO BE ENTITLED
AN ACT
relating to a review of a person's disqualification to serve as a
relative or other designated caregiver for a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.754, Family Code, is amended to read
as follows:
Sec. 264.754. ASSESSMENT [INVESTIGATION] OF PROPOSED
PLACEMENT. (a) In this section, "low-risk criminal offense" means
a nonviolent criminal offense, including a fraud-based offense, the
department determines has a low risk of impacting:
(1) a child's safety or well-being; or
(2) the stability of a child's placement with a
relative or other designated caregiver.
(b) Before placing a child with a proposed relative or other
designated caregiver, the department must conduct an assessment
[investigation] to determine whether the proposed placement is in
the child's best interest.
(c) If the department disqualifies a person from serving as
a relative or other designated caregiver for a child on the basis
that the person has been convicted of a low-risk criminal offense,
the person may appeal the disqualification in accordance with the
procedure developed under Subsection (d).
(d) The department shall develop:
(1) a list of criminal offenses the department
determines are low-risk criminal offenses; and
(2) a procedure for appropriate regional
administration of the department to review a decision to disqualify
a person from serving as a relative or other designated caregiver
that includes the consideration of:
(A) when the person's conviction occurred;
(B) whether the person has multiple convictions
for low-risk criminal offenses; and
(C) the likelihood that the person will commit
fraudulent activity in the future.
(e) The department shall:
(1) publish the list of low-risk criminal offenses and
information regarding the review procedure developed under
Subsection (d) on the department's Internet website; and
(2) provide prospective relative and other designated
caregivers information regarding the review procedure developed
under Subsection (d).
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.