| 1 | 1 | | 88R14242 MLH-D |
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| 2 | 2 | | By: Gervin-Hawkins H.B. No. 4161 |
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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 procedures for providing notice to certain |
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| 8 | 8 | | individuals on placement of a child in the managing conservatorship |
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| 9 | 9 | | of the 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 262.1095, Family Code, is amended by |
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| 12 | 12 | | amending Subsections (d), (d-1), and (e) and adding Subsections |
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| 13 | 13 | | (d-2) and (f) to read as follows: |
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| 14 | 14 | | (d) The department shall: |
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| 15 | 15 | | (1) begin identifying and locating individuals |
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| 16 | 16 | | described by Subsection (a) not later than 24 hours after the |
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| 17 | 17 | | department files a suit affecting the parent-child relationship; |
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| 18 | 18 | | and |
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| 19 | 19 | | (2) use due diligence to identify and locate all |
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| 20 | 20 | | individuals described by Subsection (a) not later than 72 hours |
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| 21 | 21 | | [the 30th day] after [the date] the department files a suit |
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| 22 | 22 | | affecting the parent-child relationship. |
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| 23 | 23 | | (d-1) In order to identify and locate the individuals |
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| 24 | 24 | | described by Subsection (a), the department shall seek information |
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| 25 | 25 | | from: |
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| 26 | 26 | | (1) each parent, relative, and alleged father of the |
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| 27 | 27 | | child; and |
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| 28 | 28 | | (2) the child in an age-appropriate manner. |
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| 29 | 29 | | (d-2) [(d-1)] Immediately after the Department of Family |
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| 30 | 30 | | and Protective Services identifies and locates an individual |
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| 31 | 31 | | described by Subsection (a)(1), the department shall provide the |
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| 32 | 32 | | information required by this section. |
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| 33 | 33 | | (e) The failure of a parent or alleged father of the child to |
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| 34 | 34 | | complete the proposed child placement resources form does not |
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| 35 | 35 | | relieve the department of its duty to seek information about the |
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| 36 | 36 | | person under Subsection (d-1) [(d)]. |
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| 37 | 37 | | (f) Not later than 120 hours after the department files a |
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| 38 | 38 | | suit affecting the parent-child relationship, the department shall |
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| 39 | 39 | | report to the child's state representative, the child's state |
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| 40 | 40 | | senator, and the governor: |
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| 41 | 41 | | (1) whether the department: |
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| 42 | 42 | | (A) identified all of the individuals related to |
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| 43 | 43 | | the child within the fourth degree by consanguinity as determined |
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| 44 | 44 | | under Chapter 573, Government Code; and |
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| 45 | 45 | | (B) contacted each individual and provided the |
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| 46 | 46 | | information required by Subsection (a); and |
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| 47 | 47 | | (2) the reason the department failed to contact an |
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| 48 | 48 | | individual described by Subdivision (1)(A). |
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| 49 | 49 | | SECTION 2. (a) Not later than April 1, 2024, the Department |
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| 50 | 50 | | of Family and Protective Services shall report to the legislature |
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| 51 | 51 | | the following information for cases in which the department was |
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| 52 | 52 | | named managing conservator of a child after September 1, 2023, but |
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| 53 | 53 | | before February 1, 2024: |
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| 54 | 54 | | (1) the total percentage of individuals identified as |
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| 55 | 55 | | being related to the child within the fourth degree by |
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| 56 | 56 | | consanguinity as determined under Chapter 573, Government Code, the |
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| 57 | 57 | | department was unable to contact as required by Section 262.1095, |
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| 58 | 58 | | Family Code, and the reason the department was unable to contact |
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| 59 | 59 | | each individual; |
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| 60 | 60 | | (2) the percentage of children in the conservatorship |
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| 61 | 61 | | of the department who were placed with a relative or other |
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| 62 | 62 | | designated caregiver; |
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| 63 | 63 | | (3) the percentage of children in the conservatorship |
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| 64 | 64 | | of the department who were placed in foster care; |
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| 65 | 65 | | (4) the total number of children in the |
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| 66 | 66 | | conservatorship of the department who were placed with a relative |
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| 67 | 67 | | or other designated caregiver; |
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| 68 | 68 | | (5) the total number of children in the |
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| 69 | 69 | | conservatorship of the department who were placed in foster care |
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| 70 | 70 | | and, for each child, the reasons the department did not place the |
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| 71 | 71 | | child with a relative or other designated caregiver; and |
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| 72 | 72 | | (6) any legislative or other recommendations to ensure |
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| 73 | 73 | | the department contacts all of a child's relatives identified under |
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| 74 | 74 | | Section 262.1095, Family Code. |
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| 75 | 75 | | (b) Not later than November 1, 2024, the Department of |
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| 76 | 76 | | Family and Protective Services shall report to the legislature the |
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| 77 | 77 | | information described by Subsection (a) of this section for all |
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| 78 | 78 | | cases in which the department was named managing conservator of a |
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| 79 | 79 | | child during the fiscal year ending August 31, 2024. |
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| 80 | 80 | | SECTION 3. This Act takes effect September 1, 2023. |
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