Texas 2023 - 88th Regular

Texas House Bill HB3189 Latest Draft

Bill / Engrossed Version Filed 04/25/2023

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                            88R12585 AMF-F
 By: Garcia, Rose, Lozano, Shaheen, H.B. No. 3189
 A. Johnson of Harris


 A BILL TO BE ENTITLED
 AN ACT
 relating to information provided to an individual identified as a
 potential relative or designated caregiver of a child 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 262.1095(b), Family Code, is amended to
 read as follows:
 (b)  The information provided under Subsection (a) must:
 (1)  state that the child has been removed from the
 child's home and is in the temporary managing conservatorship of
 the department;
 (2)  explain the options available to the individual to
 participate in the care and placement of the child and the support
 of the child's family, the methods by which the individual may
 exercise those options, and any requirements the individual must
 satisfy to exercise those options, including:
 (A)  the requirement that the individual be
 evaluated by the Department of Family and Protective Services under
 Section 262.114 before the individual may serve as a substitute
 caregiver and an explanation of the minimum living standards used
 to evaluate the individual's home under the home study required by
 Section 262.114(a), including:
 (i)  requirements regarding appropriate
 sleeping arrangements for the child;
 (ii)  spatial requirements for the home,
 including any play spaces; and
 (iii)  any exceptions to the minimum living
 standards that may be made based on the child's age, the child's
 needs, or the individual's capacity to reasonably comply; and
 (B)  the deadlines before which the individual
 must respond to exercise those options;
 (3)  identify the options available to the individual
 that may be lost if the individual fails to respond in a timely
 manner;
 (4)  include, if applicable, the date, time, and
 location of the hearing under Subchapter C, Chapter 263; and
 (5)  include information regarding the procedures and
 timeline for a suit affecting the parent-child relationship under
 this chapter.
 SECTION 2.  This Act takes effect September 1, 2023.