Texas 2021 - 87th 3rd C.S.

Texas House Bill HB107 Compare Versions

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

Old	New	Differences
1	1	87S30302 MCK-F
2	2	By: Hull H.B. No. 107
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures relating to children placed under a
8	8	parental child safety placement.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 264.203, Family Code, is amended by
11	11	adding Subsections (j-1) and (j-2) to read as follows:
12	12	(j-1) If a child is subject to a parental child safety
13	13	placement under Subchapter L, before the court may order a parent,
14	14	managing conservator, guardian, or other member of the subject
15	15	child's household to participate in services, the court shall
16	16	advise any person who is not represented by an attorney of:
17	17	(1) the right to be represented by an attorney; and
18	18	(2) if the person is indigent and opposes the order to
19	19	participate in services, the right to a court-appointed attorney.
20	20	(j-2) The court shall appoint an attorney ad litem to
21	21	represent the interests of a person described by Subsection (j-1)
22	22	if the person claims indigence and requests the appointment of an
23	23	attorney. The court shall require the person to complete and file
24	24	with the court an affidavit of indigence. The court may hear
25	25	evidence to determine whether the person is indigent. If the court
26	26	determines the person is indigent, the court shall appoint an
27	27	attorney to represent the person. The attorney ad litem for the
28	28	parent shall have the powers and duties of an attorney ad litem for
29	29	a parent under Section 107.0131.
30	30	SECTION 2. Section 264.902, Family Code, is amended by
31	31	amending Subsection (a) and adding Subsections (e) and (f) to read
32	32	as follows:
33	33	(a) A parental child safety placement agreement must
34	34	include terms that clearly state:
35	35	(1) the respective duties of the person making the
36	36	placement and the caregiver, including a plan for how the caregiver
37	37	will access necessary medical treatment for the child and the
38	38	caregiver's duty to ensure that a school-age child is enrolled in
39	39	and attending school;
40	40	(2) conditions under which the person placing the
41	41	child may have access to the child, including how often the person
42	42	may visit and the circumstances under which the person's visit may
43	43	occur;
44	44	(3) the duties of the department;
45	45	(4) subject to Subsection (e), the date on which the
46	46	agreement will terminate unless terminated sooner or extended to a
47	47	subsequent date as provided under department policy; and
48	48	(5) any other term the department determines necessary
49	49	for the safety and welfare of the child.
50	50	(e) A parental child safety placement agreement
51	51	automatically terminates on the earlier of the 30th day after the
52	52	date:
53	53	(1) the agreement is signed; or
54	54	(2) the child is placed with the caregiver.
55	55	(f) On the expiration of a parental child safety placement
56	56	agreement, the department may for good cause enter into not more
57	57	than one additional parental child safety placement agreement for
58	58	the child. On entering the parental child safety placement
59	59	agreement, the department shall:
60	60	(1) reevaluate the terms and conditions of the
61	61	original agreement; and
62	62	(2) notify the parent or other person with whom the
63	63	child resides of their right to:
64	64	(A) refuse to enter into the agreement; and
65	65	(B) be represented by an attorney or a
66	66	court-appointed attorney for a person who is indigent if the
67	67	department subsequently seeks a court order to require the person
68	68	to participate in services.
69	69	SECTION 3. Subchapter L, Chapter 264, Family Code, is
70	70	amended by adding Sections 264.907 and 264.908 to read as follows:
71	71	Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
72	72	SAFETY PLACEMENTS. The department shall include children who are
73	73	placed with a caregiver under a parental child safety placement
74	74	agreement in any report, including reports submitted to the United
75	75	States Department of Health and Human Services or another federal
76	76	agency, in which the department is required to report the number of
77	77	children in the child protective services system who are removed
78	78	from the children's homes.
79	79	Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN
80	80	SERVICES. The department shall report the number of cases in which
81	81	a court under Section 264.203 orders the parent, managing
82	82	conservator, guardian, or other member of the child's household of
83	83	a child who is placed with a caregiver under a parental child safety
84	84	placement to participate in services.
85	85	SECTION 4. This Act takes effect on the 91st day after the
86	86	last day of the legislative session.