88S30022 AMF-D
By: Gervin-Hawkins H.B. No. 30
A BILL TO BE ENTITLED
AN ACT
relating to the notice provided to certain persons concerning
children in the managing conservatorship of the Department of
Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.018, Family Code, is amended by
amending Subsections (d), (e), (f), and (g) and adding Subsections
(h-1) and (m) to read as follows:
(d) Not later than 24 hours after an event described by this
subsection, the department shall make a reasonable effort to notify
a parent of a child in the managing conservatorship of the
department and the attorney of a parent who is represented by an
attorney of:
(1) a significant change in medical condition of the
child;
(2) the enrollment or participation of the child in a
drug research program under Section 266.0041; [and]
(3) an initial prescription of a psychotropic
medication; and
(4) a change in the child's placement.
(e) Not later than 48 hours before the department changes
the residential child-care facility of a child in the managing
conservatorship of the department, the department shall provide
notice of the change to:
(1) the child's parent and the attorney of a parent who
is represented by an attorney;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107; and
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee.
(f) Except as provided by Subsection (d-1), as soon as
possible but not later than 48 hours [the 10th day] after [the date]
the department becomes aware of a significant event affecting a
child in the conservatorship of the department, the department
shall provide notice of the significant event to:
(1) the child's parent and the attorney of a parent who
is represented by an attorney;
(2) an attorney ad litem appointed for the child under
Chapter 107;
(3) a guardian ad litem appointed for the child under
Chapter 107;
(4) a volunteer advocate appointed for the child under
Chapter 107;
(5) the licensed administrator of the child-placing
agency responsible for placing the child or the licensed
administrator's designee;
(6) a foster parent, prospective adoptive parent,
relative of the child providing care to the child, or director of
the group home or general residential operation where the child is
residing; and
(7) any other person determined by a court to have an
interest in the child's welfare.
(g) For purposes of Subsection (f), if a hearing for the
child is conducted during the 48-hour [10-day] notice period
described by that subsection, the department shall provide notice
of the significant event at the hearing.
(h-1) Notwithstanding Subsection (h), the department shall
provide notice under this section to the attorney of a parent who is
represented by an attorney if:
(1) the department cannot locate the parent; or
(2) the child is in the permanent managing
conservatorship of the department and the parent has not
participated in the child's case for at least six months despite the
department's efforts to involve the parent.
(m) The department shall document in the child's case record
all notifications and attempted notifications made under this
section.
SECTION 2. This Act takes effect on the 91st day after the
last day of the legislative session.