88R15482 MM-D
By: Gervin-Hawkins H.B. No. 4155
A BILL TO BE ENTITLED
AN ACT
relating to policies and procedures of the Department of Family and
Protective Services, including regarding service plans and
post-removal assessments.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 263, Family Code, is
amended by adding Section 263.1021 to read as follows:
Sec. 263.1021. SELECTION OF SERVICE PROVIDER. (a) A parent
who is required to complete a service plan under this subchapter may
obtain services from any qualified or licensed provider selected by
the parent.
(b) Services obtained from a provider selected under
Subsection (a) must be designed to achieve the stated goals of the
service plan.
(c) A service provider selected by a parent shall certify in
writing whether the parent has satisfactorily completed the
required service.
(d) If the department does not accept the certification from
a service provider under Subsection (c), not later than the 48th
hour after the department issues the denial, the department shall
notify the parent's state representative, the parent's state
senator, and the department's office of internal affairs about the
department's denial of the certification and the reason for the
denial.
SECTION 2. Section 264.1076, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) In addition to the medical examination required by
Subsection (b), the department shall ensure that not later than the
end of the 15th day after the date a child described by Subsection
(a) is removed from the child's home, the child receives:
(1) a child and adolescent needs and strengths
assessment; and
(2) a medical checkup conducted in accordance with the
Texas Health Steps program.
SECTION 3. Section 264.1076(b-1), Family Code, as added by
this Act, applies only to a child who enters the conservatorship of
the Department of Family and Protective Services on or after the
effective date of this Act. A child who enters the conservatorship
of the Department of Family and Protective Services before the
effective date of this Act is governed by the law in effect on the
date the child entered the conservatorship of the department, and
the former law is continued in effect for that purpose.
SECTION 4. The changes in law made by this Act apply only to
a suit filed by the Department of Family and Protective Services on
or after the effective date of this Act. A suit filed by the
department before that date is governed by the law in effect on the
date the suit was filed, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2023.