88R19064 MM-F
By: Hull H.B. No. 1085
Substitute the following for H.B. No. 1085:
By: Noble C.S.H.B. No. 1085
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures relating to children placed under a
parental child safety placement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.902, Family Code, is amended by
amending Subsection (a) and adding Subsections (e), (f), (g), (h),
(i), and (j) to read as follows:
(a) A parental child safety placement agreement must
include terms that clearly state:
(1) the respective duties of the person making the
placement and the caregiver, including a plan for how the caregiver
will access necessary medical treatment for the child and the
caregiver's duty to ensure that a school-age child is enrolled in
and attending school;
(2) the conditions under which the person placing the
child may have access to and communicate with the child, including:
(A) how often the person may visit and
communicate with the child; and
(B) the circumstances under which and methods by
which the person's visit and communication may occur;
(3) the duties of the department;
(4) subject to Subsection (e), the date on which the
agreement will terminate unless terminated sooner or extended to a
subsequent date as provided under department policy; and
(5) any other term the department determines necessary
for the safety and welfare of the child.
(e) A parental child safety placement agreement
automatically terminates on the earlier of the 30th day after the
date:
(1) the agreement is signed; or
(2) the child is placed with the caregiver.
(f) On the expiration of a parental child safety placement
agreement, the department may for good cause enter into not more
than one additional parental child safety placement agreement for
the child. On entering the parental child safety placement
agreement, the department shall:
(1) reevaluate the terms and conditions of the
original agreement; and
(2) notify the parents of their right to:
(A) refuse to enter into the agreement; and
(B) be represented by an attorney or a
court-appointed attorney if the parent is indigent if the
department subsequently seeks a court order to require the parents
to participate in services.
(g) The department shall provide existing resources to a
caregiver who enters into a parental child safety placement
agreement to assist with maintaining the safety and meeting the
needs of the child. The department may not withdraw approval for a
parental child safety placement agreement based solely on a
caregiver's use of department resources as a means to maintain the
placement.
(h) A caregiver who enters into a parental child safety
placement agreement may use a relative or friend of the caregiver to
assist with caregiving as a means to maintain the placement if the
department has:
(1) completed a background check on the person; and
(2) approved the person to provide the assistance.
(i) A requirement of a parental child safety placement
agreement may not impose an unreasonable burden on the child, the
child's parent or legal guardian, or a caregiver who is the subject
of or a party to the agreement.
(j) The department shall consider trauma-informed practices
in developing the parental child safety placement agreement.
SECTION 2. Subchapter L, Chapter 264, Family Code, is
amended by adding Sections 264.907 and 264.908 to read as follows:
Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
SAFETY PLACEMENTS. The department shall, where appropriate,
include children who are separated from a parent or legal guardian
under a parental child safety placement agreement in any report,
including reports submitted to the United States Department of
Health and Human Services or another federal agency.
Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN
SERVICES. The department shall report the number of cases in which
a court under Section 264.203 orders the parent, managing
conservator, guardian, or other member of the child's household of
a child who is placed with a caregiver under a parental child safety
placement to participate in services.
SECTION 3. This Act takes effect September 1, 2023.