Texas 2021 87th Regular

Texas House Bill HB2680 Comm Sub / Bill

Filed 04/12/2021

                    87R8832 MCK-F
 By: Hull, Noble H.B. No. 2680


 A BILL TO BE ENTITLED
 AN ACT
 relating to certain procedures relating to children placed under a
 parental child safety placement.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Section 264.203, Family Code, is amended by
 adding Subsection (e) to read as follows:
 (e)  If a child is subject to a parental child safety
 placement under Subchapter L, before the court may order a parent,
 managing conservator, guardian, or other member of the subject
 child's household to participate in services, the court shall
 advise any person who is not represented by an attorney of:
 (1)  the right to be represented by an attorney; and
 (2)  if the person is indigent and opposes the order to
 participate in services, the right to a court-appointed attorney,
 subject to the procedures in Section 263.0061(b).
 SECTION 2.  Section 264.902, Family Code, is amended by
 amending Subsection (a) and adding Subsection (e) to read as
 follows:
 (a)  A parental child safety placement agreement must
 include terms that clearly state:
 (1)  the respective duties of the person making the
 placement and the caregiver, including a plan for how the caregiver
 will access necessary medical treatment for the child and the
 caregiver's duty to ensure that a school-age child is enrolled in
 and attending school;
 (2)  conditions under which the person placing the
 child may have access to the child, including how often the person
 may visit and the circumstances under which the person's visit may
 occur;
 (3)  the duties of the department;
 (4)  subject to Subsection (e), the date on which the
 agreement will terminate unless terminated sooner or extended to a
 subsequent date as provided under department policy; and
 (5)  any other term the department determines necessary
 for the safety and welfare of the child.
 (e)  A parental child safety placement agreement
 automatically terminates on the earlier of the 30th day after the
 date:
 (1)  the agreement is signed; or
 (2)  the child is placed with the caregiver.
 SECTION 3.  Subchapter L, Chapter 264, Family Code, is
 amended by adding Sections 264.907 and 264.908 to read as follows:
 Sec. 264.907.  INCLUSIONS IN REPORTS OF PARENTAL CHILD
 SAFETY PLACEMENTS. The department shall include children who are
 placed with a caregiver under a parental child safety placement
 agreement in any report, including reports submitted to the United
 States Department of Health and Human Services or another federal
 agency, in which the department is required to report the number of
 children in the child protective services system who are removed
 from the children's homes.
 Sec. 264.908.  REPORT ON COURT-ORDERED PARTICIPATION IN
 SERVICES. The department shall report the number of cases in which
 a court under Section 264.203 orders the parent, managing
 conservator, guardian, or other member of the child's household of
 a child who is placed with a caregiver under a parental child safety
 placement to participate in services.
 SECTION 4.  This Act takes effect September 1, 2021.