Texas 2023 - 88th Regular

Texas House Bill HB730 Compare Versions

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1	1	H.B. No. 730
2	2
3	3
4	4	AN ACT
5	5	relating to policies and procedures regarding certain suits
6	6	affecting the parent-child relationship, investigations by the
7	7	Department of Family and Protective Services, and parental child
8	8	safety placements.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 261.301, Family Code, is amended by
11	11	adding Subsection (l) to read as follows:
12	12	(l) After the 60th day after the date an investigation is
13	13	closed, the department may not reopen the investigation or change
14	14	the department's finding in the investigation to find abuse or
15	15	neglect occurred. Before the 60th day after the date an
16	16	investigation is closed, the department may reopen a closed
17	17	investigation and change the department's finding in the
18	18	investigation only for good cause shown. The commissioner by rule
19	19	shall establish procedures for reopening a closed investigation as
20	20	authorized by this section.
21	21	SECTION 2. Section 261.303, Family Code, is amended by
22	22	amending Subsections (b) and (c) and adding Subsections (f), (g),
23	23	and (h) to read as follows:
24	24	(b) If admission to the home, school, or any place where the
25	25	child may be cannot be obtained, [then for good cause shown] the
26	26	court having family law jurisdiction shall order the parent, the
27	27	person responsible for the care of the children, or the person in
28	28	charge of any place where the child may be to allow entrance for the
29	29	interview, examination, and investigation if the court:
30	30	(1) has good cause to believe that the child is in
31	31	imminent danger of being subjected to aggravated circumstances as
32	32	described by Section 262.2015(b); or
33	33	(2) has probable cause to believe that admission is
34	34	necessary to protect the child from abuse or neglect not described
35	35	by Subdivision (1).
36	36	(c) If a parent or person responsible for the child's care
37	37	does not consent to release of the child's prior medical,
38	38	psychological, or psychiatric records or to a medical,
39	39	psychological, or psychiatric examination of the child that is
40	40	requested by the department, and if the court having family law
41	41	jurisdiction has probable cause to believe that releasing the
42	42	records or conducting an examination of the child is necessary to
43	43	protect the child from abuse or neglect, then the court shall[, for
44	44	good cause shown,] order the records to be released or the
45	45	examination to be made at the times and places designated by the
46	46	court.
47	47	(f) A hearing for an order under this section may not be ex
48	48	parte unless the court has probable cause to believe there is no
49	49	time, consistent with the physical health or safety of the child,
50	50	for a full hearing.
51	51	(g) A court order described by Subsection (b) or (c) must
52	52	include the court's findings regarding the sufficiency of evidence
53	53	supporting the order.
54	54	(h) On request of a party to the suit, the court shall
55	55	provide a copy of an order rendered under this section to the party.
56	56	SECTION 3. Section 261.307, Family Code, is amended to read
57	57	as follows:
58	58	Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
59	59	PROCEDURE AND CHILD PLACEMENT RESOURCES. (a) After [As soon as
60	60	possible after] initiating an investigation of a parent or other
61	61	person having legal custody of a child, the department shall, upon
62	62	first contact with the parent or with the alleged perpetrator,
63	63	provide to the person:
64	64	(1) a written summary that:
65	65	(A) is brief and easily understood;
66	66	(B) is written in a language that the person
67	67	understands, or if the person is illiterate, is read to the person
68	68	in a language that the person understands; and
69	69	(C) contains the following information:
70	70	(i) the department's procedures for
71	71	conducting an investigation of alleged child abuse or neglect,
72	72	including:
73	73	(a) a description of the
74	74	circumstances under which the department would request to remove
75	75	the child from the home through the judicial system; [and]
76	76	(b) an explanation that the law
77	77	requires the department to refer all reports of alleged child abuse
78	78	or neglect to a law enforcement agency for a separate determination
79	79	of whether a criminal violation occurred; and
80	80	(c) an explanation that any statement
81	81	or admission made by the person to anyone may be used against the
82	82	person in a criminal case, as a basis to remove the child who is the
83	83	subject of the investigation or any other child from the person's
84	84	care, custody, and control either temporarily or permanently, or as
85	85	a basis to terminate the person's relationship with the child who is
86	86	the subject of the investigation or any other child;
87	87	(ii) the person's right to file a complaint
88	88	with the department or to request a review of the findings made by
89	89	the department in the investigation;
90	90	(iii) the person's right to review all
91	91	records of the investigation unless the review would jeopardize an
92	92	ongoing criminal investigation or the child's safety;
93	93	(iv) the person's right to seek legal
94	94	counsel;
95	95	(v) references to the statutory and
96	96	regulatory provisions governing child abuse and neglect and how the
97	97	person may obtain copies of those provisions; [and]
98	98	(vi) the process the person may use to
99	99	acquire access to the child if the child is removed from the home;
100	100	(vii) the rights listed under Subdivision
101	101	(2); and
102	102	(viii) the known allegations the department
103	103	is investigating;
104	104	(2) a verbal notification of the right to:
105	105	(A) not speak with any agent of the department
106	106	without legal counsel present;
107	107	(B) receive assistance from an attorney;
108	108	(C) have a court-appointed attorney if:
109	109	(i) the person is indigent;
110	110	(ii) the person is the parent of the child;
111	111	and
112	112	(iii) the department seeks a court order in
113	113	a suit filed under Section 262.101 or 262.105 or a court order
114	114	requiring the person to participate in services under Section
115	115	264.203;
116	116	(D) record any interaction or interview subject
117	117	to the understanding that the recording may be subject to
118	118	disclosure to the department, law enforcement, or another party
119	119	under a court order;
120	120	(E) refuse to allow the investigator to enter the
121	121	home or interview the child without a court order;
122	122	(F) have legal counsel present before allowing
123	123	the investigator to enter the home or interview the child;
124	124	(G) withhold consent to the release of any
125	125	medical or mental health records;
126	126	(H) withhold consent to any medical or
127	127	psychological examination of the child;
128	128	(I) refuse to submit to a drug test; and
129	129	(J) consult with legal counsel prior to agreeing
130	130	to any proposed voluntary safety plan;
131	131	(3) if the department determines that removal of the
132	132	child may be warranted, a proposed child placement resources form
133	133	that:
134	134	(A) instructs the parent or other person having
135	135	legal custody of the child to:
136	136	(i) complete and return the form to the
137	137	department or agency;
138	138	(ii) identify in the form at least three
139	139	individuals who could be relative caregivers or designated
140	140	caregivers, as those terms are defined by Section 264.751;
141	141	(iii) ask the child in a developmentally
142	142	appropriate manner to identify any adult, particularly an adult
143	143	residing in the child's community, who could be a relative
144	144	caregiver or designated caregiver for the child; and
145	145	(iv) list on the form the name of each
146	146	individual identified by the child as a potential relative
147	147	caregiver or designated caregiver; and
148	148	(B) informs the parent or other person of a
149	149	location that is available to the parent or other person to submit
150	150	the information in the form 24 hours a day either in person or by
151	151	facsimile machine or e-mail; and
152	152	(4) [(3)] an informational manual required by Section
153	153	261.3071.
154	154	(b) The child placement resources form described by
155	155	Subsection (a)(3) [(a)(2)] must include information on the periods
156	156	of time by which the department must complete a background check.
157	157	(c) The department investigator shall document that the
158	158	investigator provided the verbal notification required by
159	159	Subsection (a)(2).
160	160	(d) The department shall adopt a form for the purpose of
161	161	verifying that the parent or other person having legal custody of
162	162	the child received the verbal notification and written summary
163	163	required by this section. The department shall provide a true and
164	164	correct copy of the signed form to the person who is the subject of
165	165	the investigation or that person's attorney, if represented by an
166	166	attorney.
167	167	(e) If a person who is the subject of an investigation does
168	168	not receive the verbal notification and written summary required by
169	169	this section, any information obtained from the person, and any
170	170	other information that would not have been discovered without that
171	171	information, is not admissible for use against the person in any
172	172	civil proceeding.
173	173	SECTION 4. Subchapter D, Chapter 261, Family Code, is
174	174	amended by adding Section 261.3081 to read as follows:
175	175	Sec. 261.3081. NOTICE REGARDING CHANGES MADE BY DEPARTMENT
176	176	TO INVESTIGATION REPORT. The department shall notify the following
177	177	interested parties of any edits or corrections, other than edits or
178	178	corrections to remedy spelling or grammatical errors, the
179	179	department makes to the written report prepared by the department
180	180	under Section 261.308:
181	181	(1) the child's parent;
182	182	(2) the attorney for the child's parent if represented
183	183	by an attorney;
184	184	(3) an attorney ad litem for the child appointed under
185	185	Chapter 107;
186	186	(4) a guardian ad litem for the child appointed under
187	187	Chapter 107, including a volunteer advocate; and
188	188	(5) any other person the court determines has an
189	189	interest in the child's welfare.
190	190	SECTION 5. Section 262.206, Family Code, is reenacted and
191	191	amended to read as follows:
192	192	Sec. 262.206. EX PARTE HEARINGS [PROHIBITED]. (a) Unless
193	193	otherwise authorized by this chapter or other law, a hearing held by
194	194	a court in a suit under this chapter may not be ex parte.
195	195	(b) A court that holds an ex parte hearing authorized by
196	196	this chapter shall prepare and keep a record of the hearing in the
197	197	form of an audio or video recording or a court reporter
198	198	transcription.
199	199	(c) On request of a party to the suit, the court shall
200	200	provide a copy of the record of an ex parte hearing to the party.
201	201	(d) The Department of Family and Protective Services shall
202	202	provide notice of an ex parte hearing authorized by this chapter if
203	203	the department has received notice that a parent who is a party is
204	204	represented by an attorney.
205	205	SECTION 6. Sections 264.203(e) and (n), Family Code, are
206	206	amended to read as follows:
207	207	(e) In a suit filed under this section, the court may render
208	208	a temporary restraining order as provided by Section 105.001,
209	209	except that the court may not issue an order that places the child:
210	210	(1) outside of the child's home; or
211	211	(2) in the conservatorship of the department.
212	212	(n) If the court renders an order granting the petition, the
213	213	court shall:
214	214	(1) state its findings in the order;
215	215	(2) make appropriate temporary orders under Chapter
216	216	105 necessary to ensure the safety of the child, except that the
217	217	court may not issue a temporary order that places the child:
218	218	(A) outside of the child's home; or
219	219	(B) in the conservatorship of the department; and
220	220	(3) order the participation in specific services
221	221	narrowly tailored to address the findings made by the court under
222	222	Subsection (m).
223	223	SECTION 7. Subchapter C, Chapter 264, Family Code, is
224	224	amended by adding Section 264.2032 to read as follows:
225	225	Sec. 264.2032. REPORT ON COURT-ORDERED PARTICIPATION IN
226	226	SERVICES. The department shall report the number of cases in which
227	227	a court under Section 264.203 orders the following persons with
228	228	respect to a child who is placed with a caregiver under a parental
229	229	child safety placement under Subchapter L to participate in
230	230	services:
231	231	(1) the child's parent;
232	232	(2) the child's managing conservator;
233	233	(3) the child's guardian; or
234	234	(4) another member of the child's household.
235	235	SECTION 8. Section 264.901(2), Family Code, is amended to
236	236	read as follows:
237	237	(2) "Parental child safety placement" means any [a]
238	238	temporary out-of-home placement of a child with a caregiver that is
239	239	made by a parent or other person with whom the child resides in
240	240	accordance with a written agreement approved by the department that
241	241	ensures the safety of the child:
242	242	(A) during an investigation by the department of
243	243	alleged abuse or neglect of the child; or
244	244	(B) while the parent or other person is receiving
245	245	services from the department.
246	246	SECTION 9. Section 264.902, Family Code, is amended by
247	247	amending Subsection (a) and adding Subsections (e), (f), (g), (h),
248	248	(i), and (j) to read as follows:
249	249	(a) A parental child safety placement agreement must
250	250	include terms that clearly state:
251	251	(1) the respective duties of the person making the
252	252	placement and the caregiver, including a plan for how the caregiver
253	253	will access necessary medical treatment for the child and the
254	254	caregiver's duty to ensure that a school-age child is enrolled in
255	255	and attending school;
256	256	(2) conditions under which the person placing the
257	257	child may have access to the child, including how often the person
258	258	may visit and the circumstances under which the person's visit may
259	259	occur;
260	260	(3) the duties of the department;
261	261	(4) subject to Subsection (f), the date on which the
262	262	agreement will terminate unless terminated sooner or extended to a
263	263	subsequent date as provided under department policy; and
264	264	(5) any other term the department determines necessary
265	265	for the safety and welfare of the child.
266	266	(e) Before a parent or other person making a parental child
267	267	safety placement and the caregiver enter into a parental child
268	268	safety placement agreement, the department shall notify each person
269	269	of the person's right to consult with an attorney and provide the
270	270	person with a reasonable time in which to do so.
271	271	(f) An initial parental child safety placement agreement
272	272	automatically terminates on the earlier of the 30th day after the
273	273	date:
274	274	(1) the agreement is signed; or
275	275	(2) the child is placed with the caregiver.
276	276	(g) On the expiration of a parental child safety placement
277	277	agreement, the department may for good cause enter into not more
278	278	than two additional parental child safety placement agreements for
279	279	the child. On entering an additional parental child safety
280	280	placement agreement under this subsection, the department shall:
281	281	(1) reevaluate the terms and conditions of the
282	282	original agreement; and
283	283	(2) notify the parents of their right to:
284	284	(A) refuse to enter into the agreement; and
285	285	(B) be represented by an attorney or a
286	286	court-appointed attorney if:
287	287	(i) the parent is indigent; and
288	288	(ii) the department subsequently seeks a
289	289	court order to require the parents to participate in services.
290	290	(h) An additional parental child safety placement agreement
291	291	described by Subsection (g) automatically terminates on the 30th
292	292	day after the date the agreement is signed.
293	293	(i) Notwithstanding Subsections (g) and (h), the department
294	294	may not place a child outside of the child's home under a parental
295	295	child safety placement for longer than 90 calendar days unless the
296	296	parental child safety placement agreement is signed by both the
297	297	parent and the parent's attorney or a court otherwise renders an
298	298	order regarding the placement under Chapter 262. This subsection
299	299	may not be construed to affect the duration of an agreement between
300	300	the department and the parent other than a parental child safety
301	301	placement agreement.
302	302	(j) A parental child safety placement agreement must
303	303	include the following language: "THIS AGREEMENT IS ENTIRELY
304	304	VOLUNTARY. THE AGREEMENT MAY NOT LAST LONGER THAN 30 DAYS. THE
305	305	AGREEMENT MAY BE RENEWED NOT MORE THAN TWO TIMES AND FOR NOT MORE
306	306	THAN 30 DAYS EACH TIME. A CHILD MAY NOT BE PLACED OUTSIDE OF THE
307	307	CHILD'S HOME FOR LONGER THAN A TOTAL OF 90 CALENDAR DAYS WITHOUT A
308	308	SIGNED AGREEMENT BY THE CHILD'S PARENT AND THE PARENT'S ATTORNEY OR
309	309	A COURT ORDER RENDERED UNDER CHAPTER 262."
310	310	SECTION 10. Subchapter L, Chapter 264, Family Code, is
311	311	amended by adding Section 264.907 to read as follows:
312	312	Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
313	313	SAFETY PLACEMENTS. The department shall, where appropriate:
314	314	(1) include children who are placed with a caregiver
315	315	under a parental child safety placement agreement in any report,
316	316	including reports submitted to the United States Department of
317	317	Health and Human Services or another federal agency, in which the
318	318	department is required to report the number of children in the child
319	319	protective services system who are removed from the children's
320	320	homes; and
321	321	(2) report the information described by Subdivision
322	322	(1) separately from information regarding the number of children
323	323	removed under a suit filed under Section 262.101 or 262.105.
324	324	SECTION 11. (a) Section 261.303, Family Code, as amended by
325	325	this Act, applies only to an order rendered on or after the
326	326	effective date of this Act. An order rendered before the effective
327	327	date of this Act is governed by the law in effect on the date of the
328	328	order, and the former law is continued in effect for that purpose.
329	329	(b) Section 261.307, Family Code, as amended by this Act,
330	330	applies only to an investigation of a report of child abuse or
331	331	neglect that is made on or after the effective date of this Act. An
332	332	investigation of a report of child abuse or neglect made before the
333	333	effective date of this Act is governed by the law in effect on the
334	334	date the report was made, and the former law is continued in effect
335	335	for that purpose.
336	336	(c) Section 262.206, Family Code, as amended by this Act,
337	337	applies only to an ex parte hearing held on or after the effective
338	338	date of this Act. An ex parte hearing held before that date is
339	339	governed by the law in effect on the date the ex parte hearing was
340	340	held, and the former law is continued in effect for that purpose.
341	341	(d) Section 264.902, Family Code, as amended by this Act,
342	342	applies only to a parental child safety placement agreement
343	343	executed on or after the effective date of this Act. A parental
344	344	child safety placement agreement executed before the effective date
345	345	of this Act is governed by the law in effect on the date the
346	346	agreement was executed, and the former law is continued in effect
347	347	for that purpose.
348	348	SECTION 12. This Act takes effect September 1, 2023.
349	349	______________________________ ______________________________
350	350	President of the Senate Speaker of the House
351	351	I certify that H.B. No. 730 was passed by the House on May 1,
352	352	2023, by the following vote: Yeas 139, Nays 3, 1 present, not
353	353	voting; and that the House concurred in Senate amendments to H.B.
354	354	No. 730 on May 19, 2023, by the following vote: Yeas 139, Nays 1, 2
355	355	present, not voting.
356	356	______________________________
357	357	Chief Clerk of the House
358	358	I certify that H.B. No. 730 was passed by the Senate, with
359	359	amendments, on May 15, 2023, by the following vote: Yeas 31, Nays
360	360	0.
361	361	______________________________
362	362	Secretary of the Senate
363	363	APPROVED: __________________
364	364	Date
365	365	__________________
366	366	Governor