Texas 2023 - 88th Regular

Texas Senate Bill SB614 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 614
2	2
3	3
4	4	AN ACT
5	5	relating to certain procedures relating to children placed under a
6	6	parental child safety placement.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 264.017, Family Code, is amended by
9	9	adding Subsection (f) to read as follows:
10	10	(f) In addition to the other reports required by this
11	11	section, the department shall publish a monthly report containing
12	12	the following information for the preceding month with respect to
13	13	parental child safety placement agreements:
14	14	(1) the number of children placed under a parental
15	15	child safety placement agreement;
16	16	(2) the average duration of a placement under a
17	17	parental child safety placement agreement;
18	18	(3) the average duration of a placement under a
19	19	parental child safety placement agreement during an investigation;
20	20	and
21	21	(4) the percentage of children removed from a
22	22	placement under a parental child safety placement agreement and
23	23	placed in the managing conservatorship of the department.
24	24	SECTION 2. Subchapter C, Chapter 264, Family Code, is
25	25	amended by adding Section 264.2032 to read as follows:
26	26	Sec. 264.2032. REPORT ON COURT-ORDERED PARTICIPATION IN
27	27	SERVICES. The department shall report the number of cases in which
28	28	a court under Section 264.203 orders the following persons with
29	29	respect to a child who is placed with a caregiver under a parental
30	30	child safety placement under Subchapter L to participate in
31	31	services:
32	32	(1) the child's parent;
33	33	(2) the child's managing conservator;
34	34	(3) the child's guardian; or
35	35	(4) another member of the child's household.
36	36	SECTION 3. Section 264.901, Family Code, is amended by
37	37	amending Subdivision (2) to read as follows:
38	38	(2) "Parental child safety placement" means any [a]
39	39	temporary out-of-home placement of a child with a caregiver that is
40	40	made by a parent or other person with whom the child resides in
41	41	accordance with a written agreement approved by the department that
42	42	ensures the safety of the child:
43	43	(A) during an investigation by the department of
44	44	alleged abuse or neglect of the child; or
45	45	(B) while the parent or other person is receiving
46	46	services from the department.
47	47	SECTION 4. Section 264.902, Family Code, is amended by
48	48	amending Subsection (a) and adding Subsections (e), (f), (g), (h),
49	49	(i), and (j) to read as follows:
50	50	(a) A parental child safety placement agreement must
51	51	include terms that clearly state:
52	52	(1) the respective duties of the person making the
53	53	placement and the caregiver, including a plan for how the caregiver
54	54	will access necessary medical treatment for the child and the
55	55	caregiver's duty to ensure that a school-age child is enrolled in
56	56	and attending school;
57	57	(2) conditions under which the person placing the
58	58	child may have access to the child, including how often the person
59	59	may visit and the circumstances under which the person's visit may
60	60	occur;
61	61	(3) the duties of the department;
62	62	(4) subject to Subsection (f), the date on which the
63	63	agreement will terminate unless terminated sooner or extended to a
64	64	subsequent date as provided under department policy; and
65	65	(5) any other term the department determines necessary
66	66	for the safety and welfare of the child.
67	67	(e) Before a parent or other person making a parental child
68	68	safety placement and the caregiver enter into a parental child
69	69	safety placement agreement, the department shall notify each person
70	70	of the person's right to consult with an attorney and provide the
71	71	person with a reasonable time in which to do so.
72	72	(f) An initial parental child safety placement agreement
73	73	automatically terminates on the earlier of the 30th day after the
74	74	date:
75	75	(1) the agreement is signed; or
76	76	(2) the child is placed with the caregiver.
77	77	(g) On the expiration of a parental child safety placement
78	78	agreement, the department may for good cause enter into not more
79	79	than two additional parental child safety placement agreements for
80	80	the child. On entering an additional parental child safety
81	81	placement agreement under this subsection, the department shall:
82	82	(1) reevaluate the terms and conditions of the
83	83	original agreement; and
84	84	(2) notify the parents of their right to:
85	85	(A) refuse to enter into the agreement; and
86	86	(B) be represented by an attorney or a
87	87	court-appointed attorney if:
88	88	(i) the parent is indigent; and
89	89	(ii) the department subsequently seeks a
90	90	court order to require the parents to participate in services.
91	91	(h) An additional parental child safety placement agreement
92	92	described by Subsection (g) automatically terminates on the 30th
93	93	day after the date the agreement is signed.
94	94	(i) Notwithstanding Subsections (g) and (h), the department
95	95	may not place a child outside of the child's home under a parental
96	96	child safety placement for longer than 90 calendar days unless the
97	97	parental child safety placement agreement is signed by both the
98	98	parent and the parent's attorney or a court otherwise renders an
99	99	order regarding the placement under Chapter 262. This subsection
100	100	may not be construed to affect the duration of an agreement between
101	101	the department and the parent other than a parental child safety
102	102	placement agreement.
103	103	(j) A parental child safety placement agreement must
104	104	include the following language: "THIS AGREEMENT IS ENTIRELY
105	105	VOLUNTARY. THE AGREEMENT MAY NOT LAST LONGER THAN 30 DAYS. THE
106	106	AGREEMENT MAY BE RENEWED NOT MORE THAN TWO TIMES AND FOR NOT MORE
107	107	THAN 30 DAYS EACH TIME. A CHILD MAY NOT BE PLACED OUTSIDE OF THE
108	108	CHILD'S HOME FOR LONGER THAN A TOTAL OF 90 CALENDAR DAYS WITHOUT A
109	109	SIGNED AGREEMENT BY THE CHILD'S PARENT AND THE PARENT'S ATTORNEY OR
110	110	A COURT ORDER RENDERED UNDER CHAPTER 262."
111	111	SECTION 5. Subchapter L, Chapter 264, Family Code, is
112	112	amended by adding Section 264.907 to read as follows:
113	113	Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD
114	114	SAFETY PLACEMENTS. The department shall, where appropriate:
115	115	(1) include children who are placed with a caregiver
116	116	under a parental child safety placement agreement in any report,
117	117	including reports submitted to the United States Department of
118	118	Health and Human Services or another federal agency, in which the
119	119	department is required to report the number of children in the child
120	120	protective services system who are removed from the children's
121	121	homes; and
122	122	(2) report the information described by Subdivision
123	123	(1) separately from information regarding the number of children
124	124	removed under a suit filed under Section 262.101 or 262.105.
125	125	SECTION 6. Section 264.902, Family Code, as amended by this
126	126	Act, applies only to a parental child safety placement agreement
127	127	executed on or after the effective date of this Act. A parental
128	128	child safety placement agreement executed before the effective date
129	129	of this Act is governed by the law in effect on the date the
130	130	agreement was executed, and the former law is continued in effect
131	131	for that purpose.
132	132	SECTION 7. This Act takes effect September 1, 2023.
133	133	______________________________ ______________________________
134	134	President of the Senate Speaker of the House
135	135	I hereby certify that S.B. No. 614 passed the Senate on
136	136	April 6, 2023, by the following vote: Yeas 31, Nays 0; and that
137	137	the Senate concurred in House amendment on May 22, 2023, by the
138	138	following vote: Yeas 31, Nays 0.
139	139	______________________________
140	140	Secretary of the Senate
141	141	I hereby certify that S.B. No. 614 passed the House, with
142	142	amendment, on May 18, 2023, by the following vote: Yeas 145,
143	143	Nays 1, one present not voting.
144	144	______________________________
145	145	Chief Clerk of the House
146	146	Approved:
147	147	______________________________
148	148	Date
149	149	______________________________
150	150	Governor