88R11293 AMF-D
By: Campos H.B. No. 2707
A BILL TO BE ENTITLED
AN ACT
relating to the temporary emergency care of 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 264.107, Family Code, is amended by
amending Subsection (g) and adding Subsection (h) to read as
follows:
(g) If the department or single source continuum contractor
is unable to find an appropriate placement for a child, an employee
of the department or contractor who has on file with the department
or contractor, as applicable, a background and criminal history
check may provide temporary emergency care for the child. The
employee may not provide emergency care under this subsection in
the employee's residence. The department or contractor shall
provide notice to the court for a child placed in temporary care
under this subsection not later than the next [business] day after
the date the child is placed in temporary care.
(h) The department may enter into a residential lease
contract for the purpose of providing temporary emergency care
under Subsection (g). Placement of a child in a residence under
this subsection is not a substitute for an appropriate placement
and the department or single source continuum contractor shall
continue to make best efforts to find an appropriate placement for
the child. The department shall maintain a database of leased
residences available for the provision of temporary emergency care.
SECTION 2. Section 264.1071, Family Code, is amended to
read as follows:
Sec. 264.1071. OFFICE AND HOTEL STAYS PROHIBITED. (a) In
this section, "hotel" means a building in which members of the
public obtain temporary lodging for a fee. The term includes a
motel.
(b) The department may not allow a child under temporary
emergency care to stay overnight in a department office or hotel.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, this Act takes effect September 1, 2023.
(b) The changes in law made by this Act to Section 264.1071,
Family Code, take effect March 1, 2024.