By: Perry, et al. S.B. No. 614
(Frank)
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures relating to children placed under a
parental child safety placement.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. Section 264.901, Family Code, is amended by
amending Subdivision (2) 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 3. 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 4. 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 5. 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 6. This Act takes effect September 1, 2023.