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