| 1 | 1 | | 88R11293 AMF-D |
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| 2 | 2 | | By: Campos H.B. No. 2707 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the temporary emergency care of children in the |
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| 8 | 8 | | conservatorship of the Department of Family and Protective |
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| 9 | 9 | | Services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 264.107, Family Code, is amended by |
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| 12 | 12 | | amending Subsection (g) and adding Subsection (h) to read as |
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| 13 | 13 | | follows: |
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| 14 | 14 | | (g) If the department or single source continuum contractor |
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| 15 | 15 | | is unable to find an appropriate placement for a child, an employee |
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| 16 | 16 | | of the department or contractor who has on file with the department |
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| 17 | 17 | | or contractor, as applicable, a background and criminal history |
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| 18 | 18 | | check may provide temporary emergency care for the child. The |
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| 19 | 19 | | employee may not provide emergency care under this subsection in |
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| 20 | 20 | | the employee's residence. The department or contractor shall |
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| 21 | 21 | | provide notice to the court for a child placed in temporary care |
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| 22 | 22 | | under this subsection not later than the next [business] day after |
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| 23 | 23 | | the date the child is placed in temporary care. |
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| 24 | 24 | | (h) The department may enter into a residential lease |
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| 25 | 25 | | contract for the purpose of providing temporary emergency care |
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| 26 | 26 | | under Subsection (g). Placement of a child in a residence under |
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| 27 | 27 | | this subsection is not a substitute for an appropriate placement |
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| 28 | 28 | | and the department or single source continuum contractor shall |
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| 29 | 29 | | continue to make best efforts to find an appropriate placement for |
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| 30 | 30 | | the child. The department shall maintain a database of leased |
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| 31 | 31 | | residences available for the provision of temporary emergency care. |
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| 32 | 32 | | SECTION 2. Section 264.1071, Family Code, is amended to |
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| 33 | 33 | | read as follows: |
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| 34 | 34 | | Sec. 264.1071. OFFICE AND HOTEL STAYS PROHIBITED. (a) In |
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| 35 | 35 | | this section, "hotel" means a building in which members of the |
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| 36 | 36 | | public obtain temporary lodging for a fee. The term includes a |
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| 37 | 37 | | motel. |
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| 38 | 38 | | (b) The department may not allow a child under temporary |
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| 39 | 39 | | emergency care to stay overnight in a department office or hotel. |
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| 40 | 40 | | SECTION 3. (a) Except as provided by Subsection (b) of this |
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| 41 | 41 | | section, this Act takes effect September 1, 2023. |
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| 42 | 42 | | (b) The changes in law made by this Act to Section 264.1071, |
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| 43 | 43 | | Family Code, take effect March 1, 2024. |
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