| 1 | 1 | | 87R5318 MM-D |
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| 2 | 2 | | By: Dutton H.B. No. 1187 |
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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 the eligibility of a person to serve as a relative or |
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| 8 | 8 | | other designated caregiver for a child. |
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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. Sections 264.754(a), (b), and (c), Family Code, |
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| 11 | 11 | | are amended to read as follows: |
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| 12 | 12 | | (a) [In this section, "low-risk criminal offense" means a |
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| 13 | 13 | | nonviolent criminal offense, including a fraud-based offense, the |
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| 14 | 14 | | department determines has a low risk of impacting: |
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| 15 | 15 | | [(1) a child's safety or well-being; or |
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| 16 | 16 | | [(2) the stability of a child's placement with a |
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| 17 | 17 | | relative or other designated caregiver. |
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| 18 | 18 | | [(b)] Before placing a child with a proposed relative or |
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| 19 | 19 | | other designated caregiver, the department must conduct an |
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| 20 | 20 | | assessment to determine whether the proposed placement is in the |
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| 21 | 21 | | child's best interest. |
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| 22 | 22 | | (b) The [(c) If the] department may not disqualify |
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| 23 | 23 | | [disqualifies] a person from serving as a relative or other |
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| 24 | 24 | | designated caregiver for a child on the basis that the person has |
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| 25 | 25 | | been convicted of a [low-risk] criminal offense, other than an |
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| 26 | 26 | | offense that requires the person to register as a sex offender under |
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| 27 | 27 | | Chapter 62, Code of Criminal Procedure, if the department |
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| 28 | 28 | | determines that placing the child with the person is in the child's |
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| 29 | 29 | | best interest [the person may appeal the disqualification in |
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| 30 | 30 | | accordance with the procedure developed under Subsection (d)]. |
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| 31 | 31 | | SECTION 2. Sections 264.754(d) and (e), Family Code, are |
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| 32 | 32 | | repealed. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2021. |
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