Texas 2021 - 87th Regular

Texas House Bill HB1790 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		87R5948 MM-D
2		-	By: Darby~~, Swanson, Frank~~ H.B. No. 1790
	2	+	By: Darby H.B. No. 1790
3	3
4	4
5	5		A BILL TO BE ENTITLED
6	6		AN ACT
7	7		relating to the notice provided to certain individuals on
8	8		termination of the parent-child relationship and on placement of a
9	9		child in the managing conservatorship of the Department of Family
10	10		and Protective Services.
11	11		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12		SECTION 1. Subchapter C, Chapter 161, Family Code, is
13	13		amended by adding Section 161.2081 to read as follows:
14	14		Sec. 161.2081. NOTICE OF TERMINATION FOR CERTAIN RELATIVES.
15	15		Immediately after a court renders an order terminating the
16	16		parent-child relationship in a suit filed by the Department of
17	17		Family and Protective Services, the department shall notify each
18	18		individual described by Section 102.006(c) who has been identified
19	19		under Section 262.1095 that:
20	20		(1) the parent-child relationship has been
21	21		terminated; and
22	22		(2) the individual has 90 days after the date the order
23	23		is rendered to file an original suit or a suit for modification
24	24		requesting managing conservatorship of the child in accordance with
25	25		Section 102.006(c).
26	26		SECTION 2. Section 262.1095, Family Code, is amended by
27	27		amending Subsections (a) and (b) and adding Subsection (d-1) to
28	28		read as follows:
29	29		(a) When the Department of Family and Protective Services or
30	30		another agency takes possession of a child under this chapter, the
31	31		department:
32	32		(1) shall provide information as prescribed by this
33	33		section in writing to each adult the department is able to identify
34	34		and locate who is:
35	35		(A) related to the child within the third degree
36	36		by consanguinity as determined under Chapter 573, Government Code;
37	37		(B) an adult relative of the alleged father of
38	38		the child if the department has a reasonable basis to believe the
39	39		alleged father is the child's biological father; or
40	40		(C) identified as a potential relative or
41	41		designated caregiver, as defined by Section 264.751, on the
42	42		proposed child placement resources form provided under Section
43	43		261.307; and
44	44		(2) may provide information as prescribed by this
45	45		section to each adult the department is able to identify and locate
46	46		who has a long-standing and significant relationship with the
47	47		child.
48	48		(b) The information provided under Subsection (a) must:
49	49		(1) state that the child has been removed from the
50	50		child's home and is in the temporary managing conservatorship of
51	51		the department;
52	52		(2) explain the options available to the individual to
53	53		participate in the care and placement of the child and the support
54	54		of the child's family, the methods by which the individual may
55	55		exercise those options, and any requirements the individual must
56	56		satisfy to exercise those options, including:
57	57		(A) the requirement that the individual be
58	58		evaluated by the Department of Family and Protective Services under
59	59		Section 262.114 before the individual may serve as a substitute
60	60		caregiver; and
61	61		(B) the deadlines before which the individual
62	62		must respond to exercise those options;
63	63		(3) identify the [state that some] options available
64	64		to the individual that may be lost if the individual fails to
65	65		respond in a timely manner; [and]
66	66		(4) include, if applicable, the date, time, and
67	67		location of the hearing under Subchapter C, Chapter 263; and
68	68		(5) include information regarding the procedures and
69	69		timeline for a suit affecting the parent-child relationship under
70	70		this chapter.
71	71		(d-1) Immediately after the Department of Family and
72	72		Protective Services identifies and locates an individual described
73	73		by Subsection (a)(1), the department shall provide the information
74	74		required by this section.
75	75		SECTION 3. The changes in law made by this Act apply only to
76	76		a suit affecting the parent-child relationship filed on or after
77	77		the effective date of this Act. A suit affecting the parent-child
78	78		relationship filed before the effective date of this Act is
79	79		governed by the law in effect immediately before the effective date
80	80		of this Act, and the former law is continued in effect for that
81	81		purpose.
82	82		SECTION 4. This Act takes effect September 1, 2021.