| 1 | 1 | | 86R3175 MM-D |
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| 2 | 2 | | By: Krause H.B. No. 3746 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain health records and information by |
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| 8 | 8 | | certain individuals regarding a child placed in foster care. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 162.0062, Family Code, is amended by |
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| 11 | 11 | | amending Subsection (a-1) and adding Subsection (a-2) to read as |
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| 12 | 12 | | follows: |
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| 13 | 13 | | (a-1) If a child is placed with a prospective adoptive |
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| 14 | 14 | | parent prior to adoption or if a child who is medically fragile is |
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| 15 | 15 | | placed with or is to be placed with a foster parent, the prospective |
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| 16 | 16 | | adoptive parent, the foster parent, or the prospective foster |
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| 17 | 17 | | parent, as applicable, is entitled to examine any record or other |
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| 18 | 18 | | information relating to the child's health history, including the |
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| 19 | 19 | | portion of the report prepared under Section 162.005 for the child |
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| 20 | 20 | | that relates to the child's health. The department, licensed |
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| 21 | 21 | | child-placing agency, single source continuum contractor, or other |
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| 22 | 22 | | person placing a child for adoption shall inform the prospective |
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| 23 | 23 | | adoptive parent, the foster parent, or the prospective foster |
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| 24 | 24 | | parent of that individual's [the prospective adoptive parent's] |
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| 25 | 25 | | right to examine the records and other information relating to the |
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| 26 | 26 | | child's health history. The department, licensed child-placing |
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| 27 | 27 | | agency, single source continuum contractor, or other person placing |
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| 28 | 28 | | the child for adoption shall edit the records and information to |
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| 29 | 29 | | protect the identity of the biological parents and any other person |
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| 30 | 30 | | whose identity is confidential. |
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| 31 | 31 | | (a-2) In this section, "child who is medically fragile" |
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| 32 | 32 | | means a child who qualifies for benefits under the medically |
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| 33 | 33 | | dependent children (MDCP) waiver program. |
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| 34 | 34 | | SECTION 2. This Act takes effect September 1, 2019. |
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