By: Dutton H.B. No. 2551
Substitute the following for H.B. No. 2551:
By: Shaheen C.S.H.B. No. 2551
A BILL TO BE ENTITLED
AN ACT
relating to certain placements for children in the conservatorship
of the Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.1095(a), Family Code, is amended 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 to each adult the department is able to identify and locate
who is:
(A) related to the child within the fourth
[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.
SECTION 2. Section 262.114, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) In making a placement decision for a child, the
department shall give preference to persons in the following order:
(1) a person related to the child by blood, marriage,
or adoption;
(2) a person with whom the child has a long-standing
and significant relationship;
(3) a foster home; and
(4) a general residential operation.
SECTION 3. Section 264.752, Family Code, is amended by
adding Subsections (b) and (b-1) to read as follows:
(b) Except as provided by Subsection (b-1), the department
may not place a child with a relative or other designated caregiver
under the program, unless the child's parent or other person having
legal custody of the child, other than the department, consents to
the placement. The parent or other person having legal custody of
the child may withdraw consent at any time.
(b-1) The department may place a child with a relative or
other designated caregiver under the program without the consent of
the child's parent or other person having legal custody of the child
if a court determines that the child's parent or other person having
legal custody of the child is unreasonably withholding consent to
the placement.
SECTION 4. This Act takes effect September 1, 2021.