88R14242 MLH-D
By: Gervin-Hawkins H.B. No. 4161
A BILL TO BE ENTITLED
AN ACT
relating to the procedures for providing notice to certain
individuals on placement of a child in the managing 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, Family Code, is amended by
amending Subsections (d), (d-1), and (e) and adding Subsections
(d-2) and (f) to read as follows:
(d) The department shall:
(1) begin identifying and locating individuals
described by Subsection (a) not later than 24 hours after the
department files a suit affecting the parent-child relationship;
and
(2) use due diligence to identify and locate all
individuals described by Subsection (a) not later than 72 hours
[the 30th day] after [the date] the department files a suit
affecting the parent-child relationship.
(d-1) In order to identify and locate the individuals
described by Subsection (a), the department shall seek information
from:
(1) each parent, relative, and alleged father of the
child; and
(2) the child in an age-appropriate manner.
(d-2) [(d-1)] Immediately after the Department of Family
and Protective Services identifies and locates an individual
described by Subsection (a)(1), the department shall provide the
information required by this section.
(e) The failure of a parent or alleged father of the child to
complete the proposed child placement resources form does not
relieve the department of its duty to seek information about the
person under Subsection (d-1) [(d)].
(f) Not later than 120 hours after the department files a
suit affecting the parent-child relationship, the department shall
report to the child's state representative, the child's state
senator, and the governor:
(1) whether the department:
(A) identified all of the individuals related to
the child within the fourth degree by consanguinity as determined
under Chapter 573, Government Code; and
(B) contacted each individual and provided the
information required by Subsection (a); and
(2) the reason the department failed to contact an
individual described by Subdivision (1)(A).
SECTION 2. (a) Not later than April 1, 2024, the Department
of Family and Protective Services shall report to the legislature
the following information for cases in which the department was
named managing conservator of a child after September 1, 2023, but
before February 1, 2024:
(1) the total percentage of individuals identified as
being related to the child within the fourth degree by
consanguinity as determined under Chapter 573, Government Code, the
department was unable to contact as required by Section 262.1095,
Family Code, and the reason the department was unable to contact
each individual;
(2) the percentage of children in the conservatorship
of the department who were placed with a relative or other
designated caregiver;
(3) the percentage of children in the conservatorship
of the department who were placed in foster care;
(4) the total number of children in the
conservatorship of the department who were placed with a relative
or other designated caregiver;
(5) the total number of children in the
conservatorship of the department who were placed in foster care
and, for each child, the reasons the department did not place the
child with a relative or other designated caregiver; and
(6) any legislative or other recommendations to ensure
the department contacts all of a child's relatives identified under
Section 262.1095, Family Code.
(b) Not later than November 1, 2024, the Department of
Family and Protective Services shall report to the legislature the
information described by Subsection (a) of this section for all
cases in which the department was named managing conservator of a
child during the fiscal year ending August 31, 2024.
SECTION 3. This Act takes effect September 1, 2023.