By: Hull, Frank, Gates H.B. No. 2983
A BILL TO BE ENTITLED
AN ACT
relating to medical examinations for certain children entering the
conservatorship of the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.1076, Family Code, is amended by
amending Subsections (b) and (i) and adding Subsection (b-1) to
read as follows:
(b) The department shall ensure that each child described by
Subsection (a) receives an initial medical examination from a
physician or other health care provider authorized under state law
to conduct medical examinations not later than the end of the third
business day after the date the child is removed from the child's
home, if the child:
(1) is removed as the result of sexual abuse, physical
abuse, or an obvious physical injury to the child; or
(2) has a known or suspected chronic medical
condition, [a] medically complex condition, or [a] diagnosed mental
illness.
(b-1) Only children described by Subsections (b)(1) and (2)
may receive an initial medical examination under Subsection (b).
(i) Not later than December 31, 2022 [2019], the department
shall submit a report to the standing committees of the house of
representatives and the senate with primary jurisdiction over child
protective services and foster care evaluating the statewide
implementation of the medical examination required by this section.
The report must include for each region of the state:
(1) the level of compliance with the requirements of
this section; and
(2) the number of medical examinations conducted under
Subsection (b) and the reason for each medical examination [in each
region of the state].
SECTION 2. Section 264.1076(b-1), Family Code, as added by
this Act, applies only to a child who enters the conservatorship of
the Department of Family and Protective Services on or after the
effective date of this Act. A child who enters the conservatorship
of the Department of Family and Protective Services before the
effective date of this Act is governed by the law in effect on the
date the child entered the conservatorship of the department, and
the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.