88R8949 AMF-F
By: Campos H.B. No. 2150
A BILL TO BE ENTITLED
AN ACT
relating to examinations for certain children in 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), (c), (e), 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, including a
comprehensive physical 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. Not later than
the end of the 10th day after the date the child is removed from the
child's home, the department shall ensure the child receives [, if
the child]:
(1) a dental examination, from a person licensed to
practice dentistry in this state, if the child is at least six
months of age [is removed as the result of sexual abuse, physical
abuse, or an obvious physical injury to the child]; [or]
(2) a comprehensive eye examination, from a person
licensed to practice optometry in this state, if the child is at
least six months of age; and
(3) a psychological examination from a person licensed
to engage in the practice of psychology in this state, if the child
is at least four years of age [has a chronic medical condition, a
medically complex condition, or a diagnosed mental illness].
(b-1) If a child described by Subsection (a) is missing from
the home of the child's substitute care provider for 30 or more
consecutive days, the department must ensure that not later than
the end of the third business day after the child returns to the
care and control of the department, the child receives:
(1) a medical examination, including a comprehensive
physical examination, from a physician or other health care
provider authorized under state law to conduct medical
examinations; and
(2) a psychological examination, from a person
licensed to engage in the practice of psychology in this state, if
the child is at least four years of age.
(c) Notwithstanding Subsection (b) or (b-1), the department
shall ensure that any child who enters the conservatorship of the
department receives any necessary emergency medical care as soon as
possible.
(e) Whenever possible, the department shall schedule the
examinations required under this section [medical examination] for
a child before the last [business] day of the appropriate time frame
provided under Subsection (b) or (b-1).
(i) Not later than the 10th day of the month following each
calendar quarter [December 31, 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 for the preceding
calendar quarter. The report must include the level of compliance
with the requirements of this section in each region of the state.
SECTION 2. Section 264.1076, Family Code, as amended by
this Act, applies to a child who enters the conservatorship of the
Department of Family and Protective Services or is returned to the
care and control of the department after being missing from the home
of the child's substitute care provider on or after the effective
date of this Act. A child who entered the conservatorship of the
department or who was returned to the care and control of the
department 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 or was returned to the care and control of the
department, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2023.