87R5318 MM-D
By: Dutton H.B. No. 1187
A BILL TO BE ENTITLED
AN ACT
relating to the eligibility of a person 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. Sections 264.754(a), (b), and (c), Family Code,
are amended to read as follows:
(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 to determine whether the proposed placement is in the
child's best interest.
(b) The [(c) If the] department may not disqualify
[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, other than an
offense that requires the person to register as a sex offender under
Chapter 62, Code of Criminal Procedure, if the department
determines that placing the child with the person is in the child's
best interest [the person may appeal the disqualification in
accordance with the procedure developed under Subsection (d)].
SECTION 2. Sections 264.754(d) and (e), Family Code, are
repealed.
SECTION 3. This Act takes effect September 1, 2021.