Texas 2023 - 88th Regular

Texas House Bill HB1085 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R19064 MM-F
2	2	By: Hull H.B. No. 1085
3	3	Substitute the following for H.B. No. 1085:
4	4	By: Noble C.S.H.B. No. 1085
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain procedures relating to children placed under a
10	10	parental child safety placement.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 264.902, Family Code, is amended by
13	13	amending Subsection (a) and adding Subsections (e), (f), (g), (h),
14	14	(i), and (j) to read as follows:
15	15	(a) A parental child safety placement agreement must
16	16	include terms that clearly state:
17	17	(1) the respective duties of the person making the
18	18	placement and the caregiver, including a plan for how the caregiver
19	19	will access necessary medical treatment for the child and the
20	20	caregiver's duty to ensure that a school-age child is enrolled in
21	21	and attending school;
22	22	(2) the conditions under which the person placing the
23	23	child may have access to and communicate with the child, including:
24	24	(A) how often the person may visit and
25	25	communicate with the child; and
26	26	(B) the circumstances under which and methods by
27	27	which the person's visit and communication may occur;
28	28	(3) the duties of the department;
29	29	(4) subject to Subsection (e), the date on which the
30	30	agreement will terminate unless terminated sooner or extended to a
31	31	subsequent date as provided under department policy; and
32	32	(5) any other term the department determines necessary
33	33	for the safety and welfare of the child.
34	34	(e) A parental child safety placement agreement
35	35	automatically terminates on the earlier of the 30th day after the
36	36	date:
37	37	(1) the agreement is signed; or
38	38	(2) the child is placed with the caregiver.
39	39	(f) On the expiration of a parental child safety placement
40	40	agreement, the department may for good cause enter into not more
41	41	than one additional parental child safety placement agreement for
42	42	the child. On entering the parental child safety placement
43	43	agreement, the department shall:
44	44	(1) reevaluate the terms and conditions of the
45	45	original agreement; and
46	46	(2) notify the parents of their right to:
47	47	(A) refuse to enter into the agreement; and
48	48	(B) be represented by an attorney or a
49	49	court-appointed attorney if the parent is indigent if the
50	50	department subsequently seeks a court order to require the parents
51	51	to participate in services.
52	52	(g) The department shall provide existing resources to a
53	53	caregiver who enters into a parental child safety placement
54	54	agreement to assist with maintaining the safety and meeting the
55	55	needs of the child. The department may not withdraw approval for a
56	56	parental child safety placement agreement based solely on a
57	57	caregiver's use of department resources as a means to maintain the
58	58	placement.
59	59	(h) A caregiver who enters into a parental child safety
60	60	placement agreement may use a relative or friend of the caregiver to
61	61	assist with caregiving as a means to maintain the placement if the
62	62	department has:
63	63	(1) completed a background check on the person; and
64	64	(2) approved the person to provide the assistance.
65	65	(i) A requirement of a parental child safety placement
66	66	agreement may not impose an unreasonable burden on the child, the
67	67	child's parent or legal guardian, or a caregiver who is the subject
68	68	of or a party to the agreement.
69	69	(j) The department shall consider trauma-informed practices
70	70	in developing the parental child safety placement agreement.
71	71	SECTION 2. Subchapter L, Chapter 264, Family Code, is
72	72	amended by adding Sections 264.907 and 264.908 to read as follows:
73	73	Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
74	74	SAFETY PLACEMENTS. The department shall, where appropriate,
75	75	include children who are separated from a parent or legal guardian
76	76	under a parental child safety placement agreement in any report,
77	77	including reports submitted to the United States Department of
78	78	Health and Human Services or another federal agency.
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 3. This Act takes effect September 1, 2023.