| 1 | 1 | | 88R12585 AMF-F |
|---|
| 2 | 2 | | By: Garcia, Rose, Lozano, Shaheen, H.B. No. 3189 |
|---|
| 3 | 3 | | A. Johnson of Harris |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | |
|---|
| 6 | 6 | | A BILL TO BE ENTITLED |
|---|
| 7 | 7 | | AN ACT |
|---|
| 8 | 8 | | relating to information provided to an individual identified as a |
|---|
| 9 | 9 | | potential relative or designated caregiver of a child in the |
|---|
| 10 | 10 | | conservatorship of the Department of Family and Protective |
|---|
| 11 | 11 | | Services. |
|---|
| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 13 | 13 | | SECTION 1. Section 262.1095(b), Family Code, is amended to |
|---|
| 14 | 14 | | read as follows: |
|---|
| 15 | 15 | | (b) The information provided under Subsection (a) must: |
|---|
| 16 | 16 | | (1) state that the child has been removed from the |
|---|
| 17 | 17 | | child's home and is in the temporary managing conservatorship of |
|---|
| 18 | 18 | | the department; |
|---|
| 19 | 19 | | (2) explain the options available to the individual to |
|---|
| 20 | 20 | | participate in the care and placement of the child and the support |
|---|
| 21 | 21 | | of the child's family, the methods by which the individual may |
|---|
| 22 | 22 | | exercise those options, and any requirements the individual must |
|---|
| 23 | 23 | | satisfy to exercise those options, including: |
|---|
| 24 | 24 | | (A) the requirement that the individual be |
|---|
| 25 | 25 | | evaluated by the Department of Family and Protective Services under |
|---|
| 26 | 26 | | Section 262.114 before the individual may serve as a substitute |
|---|
| 27 | 27 | | caregiver and an explanation of the minimum living standards used |
|---|
| 28 | 28 | | to evaluate the individual's home under the home study required by |
|---|
| 29 | 29 | | Section 262.114(a), including: |
|---|
| 30 | 30 | | (i) requirements regarding appropriate |
|---|
| 31 | 31 | | sleeping arrangements for the child; |
|---|
| 32 | 32 | | (ii) spatial requirements for the home, |
|---|
| 33 | 33 | | including any play spaces; and |
|---|
| 34 | 34 | | (iii) any exceptions to the minimum living |
|---|
| 35 | 35 | | standards that may be made based on the child's age, the child's |
|---|
| 36 | 36 | | needs, or the individual's capacity to reasonably comply; and |
|---|
| 37 | 37 | | (B) the deadlines before which the individual |
|---|
| 38 | 38 | | must respond to exercise those options; |
|---|
| 39 | 39 | | (3) identify the options available to the individual |
|---|
| 40 | 40 | | that may be lost if the individual fails to respond in a timely |
|---|
| 41 | 41 | | manner; |
|---|
| 42 | 42 | | (4) include, if applicable, the date, time, and |
|---|
| 43 | 43 | | location of the hearing under Subchapter C, Chapter 263; and |
|---|
| 44 | 44 | | (5) include information regarding the procedures and |
|---|
| 45 | 45 | | timeline for a suit affecting the parent-child relationship under |
|---|
| 46 | 46 | | this chapter. |
|---|
| 47 | 47 | | SECTION 2. This Act takes effect September 1, 2023. |
|---|