| 1 | 1 | | 88R14260 AMF-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 4157 |
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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 notification of certain persons concerning certain |
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| 8 | 8 | | events related to children in the managing conservatorship of the |
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| 9 | 9 | | Department of Family and Protective 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 264.018, Family Code, is amended by |
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| 12 | 12 | | amending Subsections (d), (e), (f), and (g) and adding Subsections |
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| 13 | 13 | | (h-1) and (m) to read as follows: |
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| 14 | 14 | | (d) Not later than 24 hours after an event described by this |
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| 15 | 15 | | subsection, the department shall make a reasonable effort to notify |
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| 16 | 16 | | a parent of a child in the managing conservatorship of the |
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| 17 | 17 | | department and the parent's attorney, if represented by an attorney |
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| 18 | 18 | | of: |
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| 19 | 19 | | (1) a significant change in medical condition of the |
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| 20 | 20 | | child; |
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| 21 | 21 | | (2) the enrollment or participation of the child in a |
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| 22 | 22 | | drug research program under Section 266.0041; [and] |
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| 23 | 23 | | (3) an initial prescription of a psychotropic |
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| 24 | 24 | | medication; and |
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| 25 | 25 | | (4) a change in the child's placement. |
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| 26 | 26 | | (e) Not later than 48 hours before the department changes |
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| 27 | 27 | | the residential child-care facility of a child in the managing |
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| 28 | 28 | | conservatorship of the department, the department shall provide |
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| 29 | 29 | | notice of the change to: |
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| 30 | 30 | | (1) the child's parent and the parent's attorney, if |
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| 31 | 31 | | represented by an attorney; |
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| 32 | 32 | | (2) an attorney ad litem appointed for the child under |
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| 33 | 33 | | Chapter 107; |
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| 34 | 34 | | (3) a guardian ad litem appointed for the child under |
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| 35 | 35 | | Chapter 107; |
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| 36 | 36 | | (4) a volunteer advocate appointed for the child under |
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| 37 | 37 | | Chapter 107; and |
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| 38 | 38 | | (5) the licensed administrator of the child-placing |
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| 39 | 39 | | agency responsible for placing the child or the licensed |
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| 40 | 40 | | administrator's designee. |
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| 41 | 41 | | (f) Except as provided by Subsection (d-1), as soon as |
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| 42 | 42 | | possible but not later than 48 hours [the 10th day] after [the date] |
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| 43 | 43 | | the department becomes aware of a significant event affecting a |
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| 44 | 44 | | child in the conservatorship of the department, the department |
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| 45 | 45 | | shall provide notice of the significant event to: |
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| 46 | 46 | | (1) the child's parent and the parent's attorney, if |
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| 47 | 47 | | represented by an attorney; |
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| 48 | 48 | | (2) an attorney ad litem appointed for the child under |
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| 49 | 49 | | Chapter 107; |
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| 50 | 50 | | (3) a guardian ad litem appointed for the child under |
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| 51 | 51 | | Chapter 107; |
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| 52 | 52 | | (4) a volunteer advocate appointed for the child under |
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| 53 | 53 | | Chapter 107; |
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| 54 | 54 | | (5) the licensed administrator of the child-placing |
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| 55 | 55 | | agency responsible for placing the child or the licensed |
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| 56 | 56 | | administrator's designee; |
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| 57 | 57 | | (6) a foster parent, prospective adoptive parent, |
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| 58 | 58 | | relative of the child providing care to the child, or director of |
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| 59 | 59 | | the group home or general residential operation where the child is |
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| 60 | 60 | | residing; and |
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| 61 | 61 | | (7) any other person determined by a court to have an |
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| 62 | 62 | | interest in the child's welfare. |
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| 63 | 63 | | (g) For purposes of Subsection (f), if a hearing for the |
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| 64 | 64 | | child is conducted during the 48-hour [10-day] notice period |
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| 65 | 65 | | described by that subsection, the department shall provide notice |
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| 66 | 66 | | of the significant event at the hearing. |
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| 67 | 67 | | (h-1) Notwithstanding Subsection (h), the department shall |
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| 68 | 68 | | provide notice under this section to a parent's attorney if the |
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| 69 | 69 | | parent is represented by an attorney if: |
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| 70 | 70 | | (1) the department cannot locate the parent; or |
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| 71 | 71 | | (2) the child is in the permanent managing |
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| 72 | 72 | | conservatorship of the department and the parent has not |
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| 73 | 73 | | participated in the child's case for at least six months despite the |
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| 74 | 74 | | department's efforts to involve the parent. |
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| 75 | 75 | | (m) The department shall document all notifications and |
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| 76 | 76 | | attempted notifications made under this section in the child's case |
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| 77 | 77 | | record. |
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| 78 | 78 | | SECTION 2. This Act takes effect September 1, 2023. |
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