| 4 | 3 | | |
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| 5 | 4 | | |
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| 6 | 5 | | A BILL TO BE ENTITLED |
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| 7 | 6 | | AN ACT |
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| 8 | 7 | | relating to certain placements for children in the conservatorship |
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| 9 | 8 | | of the Department of Family and Protective Services. |
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| 10 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 10 | | SECTION 1. Section 262.1095(a), Family Code, is amended to |
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| 12 | 11 | | read as follows: |
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| 13 | 12 | | (a) When the Department of Family and Protective Services or |
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| 14 | 13 | | another agency takes possession of a child under this chapter, the |
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| 15 | 14 | | department: |
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| 16 | 15 | | (1) shall provide information as prescribed by this |
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| 17 | 16 | | section to each adult the department is able to identify and locate |
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| 18 | 17 | | who is: |
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| 19 | 18 | | (A) related to the child within the fourth |
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| 20 | 19 | | [third] degree by consanguinity as determined under Chapter 573, |
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| 21 | 20 | | Government Code; |
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| 22 | 21 | | (B) an adult relative of the alleged father of |
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| 23 | 22 | | the child if the department has a reasonable basis to believe the |
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| 24 | 23 | | alleged father is the child's biological father; or |
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| 25 | 24 | | (C) identified as a potential relative or |
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| 26 | 25 | | designated caregiver, as defined by Section 264.751, on the |
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| 27 | 26 | | proposed child placement resources form provided under Section |
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| 28 | 27 | | 261.307; and |
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| 29 | 28 | | (2) may provide information as prescribed by this |
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| 30 | 29 | | section to each adult the department is able to identify and locate |
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| 31 | 30 | | who has a long-standing and significant relationship with the |
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| 32 | 31 | | child. |
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| 33 | 32 | | SECTION 2. Section 262.114, Family Code, is amended by |
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| 34 | 33 | | adding Subsection (d) to read as follows: |
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| 35 | 34 | | (d) In making a placement decision for a child, the |
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| 36 | 35 | | department shall give preference to persons in the following order: |
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| 37 | 36 | | (1) a person related to the child by blood, marriage, |
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| 38 | 37 | | or adoption; |
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| 39 | 38 | | (2) a person with whom the child has a long-standing |
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| 40 | 39 | | and significant relationship; |
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| 41 | 40 | | (3) a foster home; and |
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| 42 | 41 | | (4) a general residential operation. |
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| 43 | 42 | | SECTION 3. Section 264.752, Family Code, is amended by |
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| 44 | | - | adding Subsections (b) and (b-1) to read as follows: |
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| 45 | | - | (b) Except as provided by Subsection (b-1), the department |
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| 46 | | - | may not place a child with a relative or other designated caregiver |
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| 47 | | - | under the program, unless the child's parent or other person having |
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| 48 | | - | legal custody of the child, other than the department, consents to |
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| 43 | + | adding Subsection (b) to read as follows: |
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| 44 | + | (b) The department may not place a child with a relative or |
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| 45 | + | other designated caregiver under the program, unless the child's |
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| 46 | + | parent or other person having legal custody of the child consents to |
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