Texas 2021 - 87th 2nd C.S.

Texas House Bill HB42 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hull H.B. No. 42
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to certain procedures relating to children placed under a
7	7	parental child safety placement.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 264.203, Family Code, is amended by
10	10	adding Subsection (e) to read as follows:
11	11	(e) If a child is subject to a parental child safety
12	12	placement under Subchapter L, before the court may order a parent,
13	13	managing conservator, guardian, or other member of the subject
14	14	child's household to participate in services, the court shall
15	15	advise any person who is not represented by an attorney of:
16	16	(1) the right to be represented by an attorney; and
17	17	(2) if the person is indigent and opposes the order to
18	18	participate in services, the right to a court-appointed attorney,
19	19	subject to the procedures in Section 263.0061(b).
20	20	SECTION 2. Section 264.902, Family Code, is amended by
21	21	amending Subsection (a) and adding Subsection (e) to read as
22	22	follows:
23	23	(a) A parental child safety placement agreement must
24	24	include terms that clearly state:
25	25	(1) the respective duties of the person making the
26	26	placement and the caregiver, including a plan for how the caregiver
27	27	will access necessary medical treatment for the child and the
28	28	caregiver's duty to ensure that a school-age child is enrolled in
29	29	and attending school;
30	30	(2) conditions under which the person placing the
31	31	child may have access to the child, including how often the person
32	32	may visit and the circumstances under which the person's visit may
33	33	occur;
34	34	(3) the duties of the department;
35	35	(4) subject to Subsection (e), the date on which the
36	36	agreement will terminate unless terminated sooner or extended to a
37	37	subsequent date as provided under department policy; and
38	38	(5) any other term the department determines necessary
39	39	for the safety and welfare of the child.
40	40	(e) A parental child safety placement agreement
41	41	automatically terminates on the earlier of the 30th day after the
42	42	date:
43	43	(1) the agreement is signed; or
44	44	(2) the child is placed with the caregiver.
45	45	SECTION 3. Subchapter L, Chapter 264, Family Code, is
46	46	amended by adding Sections 264.907 and 264.908 to read as follows:
47	47	Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
48	48	SAFETY PLACEMENTS. The department shall include children who are
49	49	placed with a caregiver under a parental child safety placement
50	50	agreement in any report, including reports submitted to the United
51	51	States Department of Health and Human Services or another federal
52	52	agency, in which the department is required to report the number of
53	53	children in the child protective services system who are removed
54	54	from the children's homes.
55	55	Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN
56	56	SERVICES. The department shall report the number of cases in which
57	57	a court under Section 264.203 orders the parent, managing
58	58	conservator, guardian, or other member of the child's household of
59	59	a child who is placed with a caregiver under a parental child safety
60	60	placement to participate in services.
61	61	SECTION 4. This Act takes effect on the 91st day after the
62	62	last day of the legislative session.