| 1 | 1 | | 88R15482 MM-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 4155 |
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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 policies and procedures of the Department of Family and |
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| 8 | 8 | | Protective Services, including regarding service plans and |
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| 9 | 9 | | post-removal assessments. |
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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. Subchapter B, Chapter 263, Family Code, is |
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| 12 | 12 | | amended by adding Section 263.1021 to read as follows: |
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| 13 | 13 | | Sec. 263.1021. SELECTION OF SERVICE PROVIDER. (a) A parent |
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| 14 | 14 | | who is required to complete a service plan under this subchapter may |
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| 15 | 15 | | obtain services from any qualified or licensed provider selected by |
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| 16 | 16 | | the parent. |
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| 17 | 17 | | (b) Services obtained from a provider selected under |
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| 18 | 18 | | Subsection (a) must be designed to achieve the stated goals of the |
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| 19 | 19 | | service plan. |
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| 20 | 20 | | (c) A service provider selected by a parent shall certify in |
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| 21 | 21 | | writing whether the parent has satisfactorily completed the |
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| 22 | 22 | | required service. |
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| 23 | 23 | | (d) If the department does not accept the certification from |
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| 24 | 24 | | a service provider under Subsection (c), not later than the 48th |
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| 25 | 25 | | hour after the department issues the denial, the department shall |
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| 26 | 26 | | notify the parent's state representative, the parent's state |
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| 27 | 27 | | senator, and the department's office of internal affairs about the |
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| 28 | 28 | | department's denial of the certification and the reason for the |
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| 29 | 29 | | denial. |
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| 30 | 30 | | SECTION 2. Section 264.1076, Family Code, is amended by |
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| 31 | 31 | | adding Subsection (b-1) to read as follows: |
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| 32 | 32 | | (b-1) In addition to the medical examination required by |
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| 33 | 33 | | Subsection (b), the department shall ensure that not later than the |
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| 34 | 34 | | end of the 15th day after the date a child described by Subsection |
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| 35 | 35 | | (a) is removed from the child's home, the child receives: |
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| 36 | 36 | | (1) a child and adolescent needs and strengths |
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| 37 | 37 | | assessment; and |
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| 38 | 38 | | (2) a medical checkup conducted in accordance with the |
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| 39 | 39 | | Texas Health Steps program. |
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| 40 | 40 | | SECTION 3. Section 264.1076(b-1), Family Code, as added by |
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| 41 | 41 | | this Act, applies only to a child who enters the conservatorship of |
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| 42 | 42 | | the Department of Family and Protective Services on or after the |
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| 43 | 43 | | effective date of this Act. A child who enters the conservatorship |
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| 44 | 44 | | of the Department of Family and Protective Services before the |
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| 45 | 45 | | effective date of this Act is governed by the law in effect on the |
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| 46 | 46 | | date the child entered the conservatorship of the department, and |
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| 47 | 47 | | the former law is continued in effect for that purpose. |
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| 48 | 48 | | SECTION 4. The changes in law made by this Act apply only to |
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| 49 | 49 | | a suit filed by the Department of Family and Protective Services on |
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| 50 | 50 | | or after the effective date of this Act. A suit filed by the |
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| 51 | 51 | | department before that date is governed by the law in effect on the |
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| 52 | 52 | | date the suit was filed, and the former law is continued in effect |
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| 53 | 53 | | for that purpose. |
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| 54 | 54 | | SECTION 5. This Act takes effect September 1, 2023. |
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