| 1 | 1 | | 88R11860 CJD-F |
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| 2 | 2 | | By: Perry S.B. No. 1330 |
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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 exchange of certain information between the |
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| 8 | 8 | | Department of Family and Protective Services or certain foster care |
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| 9 | 9 | | services contractors and a state or local juvenile justice agency. |
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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 58.0052(b-3), Family Code, is amended to |
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| 12 | 12 | | read as follows: |
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| 13 | 13 | | (b-3) At the request of a state or local juvenile justice |
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| 14 | 14 | | agency, the Department of Family and Protective Services or a |
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| 15 | 15 | | single source continuum contractor who contracts with the |
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| 16 | 16 | | department to provide foster care services shall immediately[, not |
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| 17 | 17 | | later than the 14th business day after the date of the request,] |
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| 18 | 18 | | share with the juvenile justice agency information in the |
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| 19 | 19 | | possession of the department or contractor that is necessary to |
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| 20 | 20 | | improve and maintain community safety or that assists the agency in |
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| 21 | 21 | | the continuation of services for or providing services to a |
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| 22 | 22 | | multi-system youth who: |
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| 23 | 23 | | (1) is or has been in the temporary or permanent |
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| 24 | 24 | | managing conservatorship of the department; |
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| 25 | 25 | | (2) is or was the subject of a family-based safety |
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| 26 | 26 | | services case with the department; |
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| 27 | 27 | | (3) has been reported as an alleged victim of abuse or |
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| 28 | 28 | | neglect to the department; |
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| 29 | 29 | | (4) is the perpetrator in a case in which the |
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| 30 | 30 | | department investigation concluded that there was a reason to |
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| 31 | 31 | | believe that abuse or neglect occurred; [or] |
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| 32 | 32 | | (5) is a victim in a case in which the department |
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| 33 | 33 | | investigation concluded that there was a reason to believe that |
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| 34 | 34 | | abuse or neglect occurred; or |
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| 35 | 35 | | (6) is a child for whom parental rights have been |
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| 36 | 36 | | terminated with respect to one or both parents. |
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| 37 | 37 | | SECTION 2. Section 243.008(c), Human Resources Code, is |
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| 38 | 38 | | amended to read as follows: |
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| 39 | 39 | | (c) The Department of Family and Protective Services shall, |
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| 40 | 40 | | immediately [not later than the 14th day] after receiving a request |
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| 41 | 41 | | from a state or local juvenile justice agency, as defined by Section |
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| 42 | 42 | | 58.101, Family Code [local juvenile probation department], provide |
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| 43 | 43 | | the following information regarding a child in the custody of the |
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| 44 | 44 | | juvenile justice agency [the probation department]: |
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| 45 | 45 | | (1) whether the child is currently or has been in |
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| 46 | 46 | | foster care; and |
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| 47 | 47 | | (2) if applicable, the number of times the child has |
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| 48 | 48 | | previously been placed in foster care. |
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| 49 | 49 | | SECTION 3. The changes in law made by this Act apply only to |
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| 50 | 50 | | a request for information made by a state or local juvenile justice |
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| 51 | 51 | | agency on or after the effective date of this Act. A request for |
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| 52 | 52 | | information made before that date is governed by the law in effect |
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| 53 | 53 | | immediately before the effective date of this Act, and the former |
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| 54 | 54 | | law is continued in effect for that purpose. |
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| 55 | 55 | | SECTION 4. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2023. |
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