Texas 2021 - 87th Regular

Texas House Bill HB2680 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	87R8832 MCK-F
1	2		By: Hull, Noble H.B. No. 2680
2	3
3	4
4	5		A BILL TO BE ENTITLED
5	6		AN ACT
6	7		relating to certain procedures relating to children placed under a
7	8		parental child safety placement.
8	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	10		SECTION 1. Section 264.203, Family Code, is amended by
10		-	adding ~~Subsections~~ (e~~) and (f~~) to read as follows:
	11	+	adding Subsection (e) to read as follows:
11	12		(e) If a child is subject to a parental child safety
12	13		placement under Subchapter L, before the court may order a parent,
13	14		managing conservator, guardian, or other member of the subject
14	15		child's household to participate in services, the court shall
15	16		advise any person who is not represented by an attorney of:
16	17		(1) the right to be represented by an attorney; and
17	18		(2) if the person is indigent and opposes the order to
18		-	participate in services, the right to a court-appointed attorney.
19		-	(f) The court shall appoint an attorney ad litem to
20		-	represent the interests of a person described by Subsection (e) if
21		-	the person claims indigence and requests the appointment of an
22		-	attorney. The court shall require the person to complete and file
23		-	with the court an affidavit of indigence. The court may hear
24		-	evidence to determine whether the person is indigent. If the court
25		-	determines the person is indigent, the court shall appoint an
26		-	attorney to represent the person. The attorney ad litem for the
27		-	parent shall have the powers and duties of an attorney ad litem for
28		-	a parent under Section 107.0131.
	19	+	participate in services, the right to a court-appointed attorney,
	20	+	subject to the procedures in Section 263.0061(b).
29	21		SECTION 2. Section 264.902, Family Code, is amended by
30		-	amending Subsection (a) and adding ~~Subsections~~ (e) ~~and (f)~~ to read
31		-	as follows:
	22	+	amending Subsection (a) and adding Subsection (e) to read as
	23	+	follows:
32	24		(a) A parental child safety placement agreement must
33	25		include terms that clearly state:
34	26		(1) the respective duties of the person making the
35	27		placement and the caregiver, including a plan for how the caregiver
36	28		will access necessary medical treatment for the child and the
37	29		caregiver's duty to ensure that a school-age child is enrolled in
38	30		and attending school;
39	31		(2) conditions under which the person placing the
40	32		child may have access to the child, including how often the person
41	33		may visit and the circumstances under which the person's visit may
42	34		occur;
43	35		(3) the duties of the department;
44	36		(4) subject to Subsection (e), the date on which the
45	37		agreement will terminate unless terminated sooner or extended to a
46	38		subsequent date as provided under department policy; and
47	39		(5) any other term the department determines necessary
48	40		for the safety and welfare of the child.
49	41		(e) A parental child safety placement agreement
50	42		automatically terminates on the earlier of the 30th day after the
51	43		date:
52	44		(1) the agreement is signed; or
53	45		(2) the child is placed with the caregiver.
54		-	(f) On the expiration of a parental child safety placement
55		-	agreement, the department may for good cause enter into not more
56		-	than one additional parental child safety placement agreement for
57		-	the child. On entering the parental child safety placement
58		-	agreement, the department shall:
59		-	(1) reevaluate the terms and conditions of the
60		-	original agreement; and
61		-	(2) notify the parents of their right to:
62		-	(A) refuse to enter into the agreement; and
63		-	(B) be represented by an attorney or a
64		-	court-appointed attorney if the parent is indigent if the
65		-	department subsequently seeks a court order to require the parents
66		-	to participate in services.
67	46		SECTION 3. Subchapter L, Chapter 264, Family Code, is
68	47		amended by adding Sections 264.907 and 264.908 to read as follows:
69	48		Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
70	49		SAFETY PLACEMENTS. The department shall include children who are
71	50		placed with a caregiver under a parental child safety placement
72	51		agreement in any report, including reports submitted to the United
73	52		States Department of Health and Human Services or another federal
74	53		agency, in which the department is required to report the number of
75	54		children in the child protective services system who are removed
76	55		from the children's homes.
77	56		Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN
78	57		SERVICES. The department shall report the number of cases in which
79	58		a court under Section 264.203 orders the parent, managing
80	59		conservator, guardian, or other member of the child's household of
81	60		a child who is placed with a caregiver under a parental child safety
82	61		placement to participate in services.
83	62		SECTION 4. This Act takes effect September 1, 2021.