87R5948 MM-D
By: Darby, Swanson, Frank H.B. No. 1790
A BILL TO BE ENTITLED
AN ACT
relating to the notice provided to certain individuals on
termination of the parent-child relationship and on placement of a
child in the managing conservatorship of the Department of Family
and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 161, Family Code, is
amended by adding Section 161.2081 to read as follows:
Sec. 161.2081. NOTICE OF TERMINATION FOR CERTAIN RELATIVES.
Immediately after a court renders an order terminating the
parent-child relationship in a suit filed by the Department of
Family and Protective Services, the department shall notify each
individual described by Section 102.006(c) who has been identified
under Section 262.1095 that:
(1) the parent-child relationship has been
terminated; and
(2) the individual has 90 days after the date the order
is rendered to file an original suit or a suit for modification
requesting managing conservatorship of the child in accordance with
Section 102.006(c).
SECTION 2. Section 262.1095, Family Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d-1) to
read as follows:
(a) When the Department of Family and Protective Services or
another agency takes possession of a child under this chapter, the
department:
(1) shall provide information as prescribed by this
section in writing to each adult the department is able to identify
and locate who is:
(A) related to the child within the third degree
by consanguinity as determined under Chapter 573, Government Code;
(B) an adult relative of the alleged father of
the child if the department has a reasonable basis to believe the
alleged father is the child's biological father; or
(C) identified as a potential relative or
designated caregiver, as defined by Section 264.751, on the
proposed child placement resources form provided under Section
261.307; and
(2) may provide information as prescribed by this
section to each adult the department is able to identify and locate
who has a long-standing and significant relationship with the
child.
(b) The information provided under Subsection (a) must:
(1) state that the child has been removed from the
child's home and is in the temporary managing conservatorship of
the department;
(2) explain the options available to the individual to
participate in the care and placement of the child and the support
of the child's family, the methods by which the individual may
exercise those options, and any requirements the individual must
satisfy to exercise those options, including:
(A) the requirement that the individual be
evaluated by the Department of Family and Protective Services under
Section 262.114 before the individual may serve as a substitute
caregiver; and
(B) the deadlines before which the individual
must respond to exercise those options;
(3) identify the [state that some] options available
to the individual that may be lost if the individual fails to
respond in a timely manner; [and]
(4) include, if applicable, the date, time, and
location of the hearing under Subchapter C, Chapter 263; and
(5) include information regarding the procedures and
timeline for a suit affecting the parent-child relationship under
this chapter.
(d-1) Immediately after the Department of Family and
Protective Services identifies and locates an individual described
by Subsection (a)(1), the department shall provide the information
required by this section.
SECTION 3. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
SECTION 4. This Act takes effect September 1, 2021.