H.B. No. 730
AN ACT
relating to policies and procedures regarding certain suits
affecting the parent-child relationship, investigations by the
Department of Family and Protective Services, and parental child
safety placements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 261.301, Family Code, is amended by
adding Subsection (l) to read as follows:
(l) After the 60th day after the date an investigation is
closed, the department may not reopen the investigation or change
the department's finding in the investigation to find abuse or
neglect occurred. Before the 60th day after the date an
investigation is closed, the department may reopen a closed
investigation and change the department's finding in the
investigation only for good cause shown. The commissioner by rule
shall establish procedures for reopening a closed investigation as
authorized by this section.
SECTION 2. Section 261.303, Family Code, is amended by
amending Subsections (b) and (c) and adding Subsections (f), (g),
and (h) to read as follows:
(b) If admission to the home, school, or any place where the
child may be cannot be obtained, [then for good cause shown] the
court having family law jurisdiction shall order the parent, the
person responsible for the care of the children, or the person in
charge of any place where the child may be to allow entrance for the
interview, examination, and investigation if the court:
(1) has good cause to believe that the child is in
imminent danger of being subjected to aggravated circumstances as
described by Section 262.2015(b); or
(2) has probable cause to believe that admission is
necessary to protect the child from abuse or neglect not described
by Subdivision (1).
(c) If a parent or person responsible for the child's care
does not consent to release of the child's prior medical,
psychological, or psychiatric records or to a medical,
psychological, or psychiatric examination of the child that is
requested by the department, and if the court having family law
jurisdiction has probable cause to believe that releasing the
records or conducting an examination of the child is necessary to
protect the child from abuse or neglect, then the court shall[, for
good cause shown,] order the records to be released or the
examination to be made at the times and places designated by the
court.
(f) A hearing for an order under this section may not be ex
parte unless the court has probable cause to believe there is no
time, consistent with the physical health or safety of the child,
for a full hearing.
(g) A court order described by Subsection (b) or (c) must
include the court's findings regarding the sufficiency of evidence
supporting the order.
(h) On request of a party to the suit, the court shall
provide a copy of an order rendered under this section to the party.
SECTION 3. Section 261.307, Family Code, is amended to read
as follows:
Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
PROCEDURE AND CHILD PLACEMENT RESOURCES. (a) After [As soon as
possible after] initiating an investigation of a parent or other
person having legal custody of a child, the department shall, upon
first contact with the parent or with the alleged perpetrator,
provide to the person:
(1) a written summary that:
(A) is brief and easily understood;
(B) is written in a language that the person
understands, or if the person is illiterate, is read to the person
in a language that the person understands; and
(C) contains the following information:
(i) the department's procedures for
conducting an investigation of alleged child abuse or neglect,
including:
(a) a description of the
circumstances under which the department would request to remove
the child from the home through the judicial system; [and]
(b) an explanation that the law
requires the department to refer all reports of alleged child abuse
or neglect to a law enforcement agency for a separate determination
of whether a criminal violation occurred; and
(c) an explanation that any statement
or admission made by the person to anyone may be used against the
person in a criminal case, as a basis to remove the child who is the
subject of the investigation or any other child from the person's
care, custody, and control either temporarily or permanently, or as
a basis to terminate the person's relationship with the child who is
the subject of the investigation or any other child;
(ii) the person's right to file a complaint
with the department or to request a review of the findings made by
the department in the investigation;
(iii) the person's right to review all
records of the investigation unless the review would jeopardize an
ongoing criminal investigation or the child's safety;
(iv) the person's right to seek legal
counsel;
(v) references to the statutory and
regulatory provisions governing child abuse and neglect and how the
person may obtain copies of those provisions; [and]
(vi) the process the person may use to
acquire access to the child if the child is removed from the home;
(vii) the rights listed under Subdivision
(2); and
(viii) the known allegations the department
is investigating;
(2) a verbal notification of the right to:
(A) not speak with any agent of the department
without legal counsel present;
(B) receive assistance from an attorney;
(C) have a court-appointed attorney if:
(i) the person is indigent;
(ii) the person is the parent of the child;
and
(iii) the department seeks a court order in
a suit filed under Section 262.101 or 262.105 or a court order
requiring the person to participate in services under Section
264.203;
(D) record any interaction or interview subject
to the understanding that the recording may be subject to
disclosure to the department, law enforcement, or another party
under a court order;
(E) refuse to allow the investigator to enter the
home or interview the child without a court order;
(F) have legal counsel present before allowing
the investigator to enter the home or interview the child;
(G) withhold consent to the release of any
medical or mental health records;
(H) withhold consent to any medical or
psychological examination of the child;
(I) refuse to submit to a drug test; and
(J) consult with legal counsel prior to agreeing
to any proposed voluntary safety plan;
(3) if the department determines that removal of the
child may be warranted, a proposed child placement resources form
that:
(A) instructs the parent or other person having
legal custody of the child to:
(i) complete and return the form to the
department or agency;
(ii) identify in the form at least three
individuals who could be relative caregivers or designated
caregivers, as those terms are defined by Section 264.751;
(iii) ask the child in a developmentally
appropriate manner to identify any adult, particularly an adult
residing in the child's community, who could be a relative
caregiver or designated caregiver for the child; and
(iv) list on the form the name of each
individual identified by the child as a potential relative
caregiver or designated caregiver; and
(B) informs the parent or other person of a
location that is available to the parent or other person to submit
the information in the form 24 hours a day either in person or by
facsimile machine or e-mail; and
(4) [(3)] an informational manual required by Section
261.3071.
(b) The child placement resources form described by
Subsection (a)(3) [(a)(2)] must include information on the periods
of time by which the department must complete a background check.
(c) The department investigator shall document that the
investigator provided the verbal notification required by
Subsection (a)(2).
(d) The department shall adopt a form for the purpose of
verifying that the parent or other person having legal custody of
the child received the verbal notification and written summary
required by this section. The department shall provide a true and
correct copy of the signed form to the person who is the subject of
the investigation or that person's attorney, if represented by an
attorney.
(e) If a person who is the subject of an investigation does
not receive the verbal notification and written summary required by
this section, any information obtained from the person, and any
other information that would not have been discovered without that
information, is not admissible for use against the person in any
civil proceeding.
SECTION 4. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3081 to read as follows:
Sec. 261.3081. NOTICE REGARDING CHANGES MADE BY DEPARTMENT
TO INVESTIGATION REPORT. The department shall notify the following
interested parties of any edits or corrections, other than edits or
corrections to remedy spelling or grammatical errors, the
department makes to the written report prepared by the department
under Section 261.308:
(1) the child's parent;
(2) the attorney for the child's parent if represented
by an attorney;
(3) an attorney ad litem for the child appointed under
Chapter 107;
(4) a guardian ad litem for the child appointed under
Chapter 107, including a volunteer advocate; and
(5) any other person the court determines has an
interest in the child's welfare.
SECTION 5. Section 262.206, Family Code, is reenacted and
amended to read as follows:
Sec. 262.206. EX PARTE HEARINGS [PROHIBITED]. (a) Unless
otherwise authorized by this chapter or other law, a hearing held by
a court in a suit under this chapter may not be ex parte.
(b) A court that holds an ex parte hearing authorized by
this chapter shall prepare and keep a record of the hearing in the
form of an audio or video recording or a court reporter
transcription.
(c) On request of a party to the suit, the court shall
provide a copy of the record of an ex parte hearing to the party.
(d) The Department of Family and Protective Services shall
provide notice of an ex parte hearing authorized by this chapter if
the department has received notice that a parent who is a party is
represented by an attorney.
SECTION 6. Sections 264.203(e) and (n), Family Code, are
amended to read as follows:
(e) In a suit filed under this section, the court may render
a temporary restraining order as provided by Section 105.001,
except that the court may not issue an order that places the child:
(1) outside of the child's home; or
(2) in the conservatorship of the department.
(n) If the court renders an order granting the petition, the
court shall:
(1) state its findings in the order;
(2) make appropriate temporary orders under Chapter
105 necessary to ensure the safety of the child, except that the
court may not issue a temporary order that places the child:
(A) outside of the child's home; or
(B) in the conservatorship of the department; and
(3) order the participation in specific services
narrowly tailored to address the findings made by the court under
Subsection (m).
SECTION 7. Subchapter C, Chapter 264, Family Code, is
amended by adding Section 264.2032 to read as follows:
Sec. 264.2032. REPORT ON COURT-ORDERED PARTICIPATION IN
SERVICES. The department shall report the number of cases in which
a court under Section 264.203 orders the following persons with
respect to a child who is placed with a caregiver under a parental
child safety placement under Subchapter L to participate in
services:
(1) the child's parent;
(2) the child's managing conservator;
(3) the child's guardian; or
(4) another member of the child's household.
SECTION 8. Section 264.901(2), Family Code, is amended to
read as follows:
(2) "Parental child safety placement" means any [a]
temporary out-of-home placement of a child with a caregiver that is
made by a parent or other person with whom the child resides in
accordance with a written agreement approved by the department that
ensures the safety of the child:
(A) during an investigation by the department of
alleged abuse or neglect of the child; or
(B) while the parent or other person is receiving
services from the department.
SECTION 9. Section 264.902, Family Code, is amended by
amending Subsection (a) and adding Subsections (e), (f), (g), (h),
(i), and (j) to read as follows:
(a) A parental child safety placement agreement must
include terms that clearly state:
(1) the respective duties of the person making the
placement and the caregiver, including a plan for how the caregiver
will access necessary medical treatment for the child and the
caregiver's duty to ensure that a school-age child is enrolled in
and attending school;
(2) conditions under which the person placing the
child may have access to the child, including how often the person
may visit and the circumstances under which the person's visit may
occur;
(3) the duties of the department;
(4) subject to Subsection (f), the date on which the
agreement will terminate unless terminated sooner or extended to a
subsequent date as provided under department policy; and
(5) any other term the department determines necessary
for the safety and welfare of the child.
(e) Before a parent or other person making a parental child
safety placement and the caregiver enter into a parental child
safety placement agreement, the department shall notify each person
of the person's right to consult with an attorney and provide the
person with a reasonable time in which to do so.
(f) An initial parental child safety placement agreement
automatically terminates on the earlier of the 30th day after the
date:
(1) the agreement is signed; or
(2) the child is placed with the caregiver.
(g) On the expiration of a parental child safety placement
agreement, the department may for good cause enter into not more
than two additional parental child safety placement agreements for
the child. On entering an additional parental child safety
placement agreement under this subsection, the department shall:
(1) reevaluate the terms and conditions of the
original agreement; and
(2) notify the parents of their right to:
(A) refuse to enter into the agreement; and
(B) be represented by an attorney or a
court-appointed attorney if:
(i) the parent is indigent; and
(ii) the department subsequently seeks a
court order to require the parents to participate in services.
(h) An additional parental child safety placement agreement
described by Subsection (g) automatically terminates on the 30th
day after the date the agreement is signed.
(i) Notwithstanding Subsections (g) and (h), the department
may not place a child outside of the child's home under a parental
child safety placement for longer than 90 calendar days unless the
parental child safety placement agreement is signed by both the
parent and the parent's attorney or a court otherwise renders an
order regarding the placement under Chapter 262. This subsection
may not be construed to affect the duration of an agreement between
the department and the parent other than a parental child safety
placement agreement.
(j) A parental child safety placement agreement must
include the following language: "THIS AGREEMENT IS ENTIRELY
VOLUNTARY. THE AGREEMENT MAY NOT LAST LONGER THAN 30 DAYS. THE
AGREEMENT MAY BE RENEWED NOT MORE THAN TWO TIMES AND FOR NOT MORE
THAN 30 DAYS EACH TIME. A CHILD MAY NOT BE PLACED OUTSIDE OF THE
CHILD'S HOME FOR LONGER THAN A TOTAL OF 90 CALENDAR DAYS WITHOUT A
SIGNED AGREEMENT BY THE CHILD'S PARENT AND THE PARENT'S ATTORNEY OR
A COURT ORDER RENDERED UNDER CHAPTER 262."
SECTION 10. Subchapter L, Chapter 264, Family Code, is
amended by adding Section 264.907 to read as follows:
Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
SAFETY PLACEMENTS. The department shall, where appropriate:
(1) include children who are placed with a caregiver
under a parental child safety placement agreement in any report,
including reports submitted to the United States Department of
Health and Human Services or another federal agency, in which the
department is required to report the number of children in the child
protective services system who are removed from the children's
homes; and
(2) report the information described by Subdivision
(1) separately from information regarding the number of children
removed under a suit filed under Section 262.101 or 262.105.
SECTION 11. (a) Section 261.303, Family Code, as amended by
this Act, applies only to an order rendered on or after the
effective date of this Act. An order rendered before the effective
date of this Act is governed by the law in effect on the date of the
order, and the former law is continued in effect for that purpose.
(b) Section 261.307, Family Code, as amended by this Act,
applies only to an investigation of a report of child abuse or
neglect that is made on or after the effective date of this Act. An
investigation of a report of child abuse or neglect made before the
effective date of this Act is governed by the law in effect on the
date the report was made, and the former law is continued in effect
for that purpose.
(c) Section 262.206, Family Code, as amended by this Act,
applies only to an ex parte hearing held on or after the effective
date of this Act. An ex parte hearing held before that date is
governed by the law in effect on the date the ex parte hearing was
held, and the former law is continued in effect for that purpose.
(d) Section 264.902, Family Code, as amended by this Act,
applies only to a parental child safety placement agreement
executed on or after the effective date of this Act. A parental
child safety placement agreement executed before the effective date
of this Act is governed by the law in effect on the date the
agreement was executed, and the former law is continued in effect
for that purpose.
SECTION 12. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 730 was passed by the House on May 1,
2023, by the following vote: Yeas 139, Nays 3, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 730 on May 19, 2023, by the following vote: Yeas 139, Nays 1, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 730 was passed by the Senate, with
amendments, on May 15, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor