Texas House Bill HB2864

Texas 2025 - 89th Regular

• Filed: 2/14/25

Caption

Relating to applying an active efforts standard for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.

Impact

Should HB2864 be enacted, it will enhance the existing protocols surrounding child welfare and family reunification processes within the Texas Family Code. By specifying that the DFPS must engage in active efforts to prevent the removal of children or to facilitate their return, the bill aims to promote a more supportive and rehabilitative framework for families in crisis. This could lead to a more humane approach in cases involving child protective services, as it emphasizes family integrity before resorting to removal.

Summary

House Bill 2864 aims to amend the Family Code by introducing an 'active efforts' standard to govern the procedures regarding the removal of children under the conservative management of the Department of Family and Protective Services (DFPS). The bill seeks to ensure that every effort is made by the department to maintain or reunite the child with their family, focusing primarily on the child's health and safety as the paramount concern. It defines 'active efforts' as thorough, timely, and affirmative actions to meet the needs of both the child and their family, facilitating resources and support necessary for rehabilitation and safe reunification.

Contention

The introduction of this bill may bring about some contention regarding the definitions and implications of 'active efforts', as determining the adequacy of these efforts can be subjective and could lead to varied interpretations in court. Critics may argue that the safeguards introduced could complicate and prolong the removal processes in urgent cases where children's immediate safety is at risk. Strong discussions may arise around balancing the rights of parents to retain custody with the need to protect the welfare of vulnerable children. The bill may open debate on the appropriate level of intervention by the DFPS, particularly concerning cases involving parental substance abuse or neglect.

Texas Constitutional Statutes Affected

Family Code

• Chapter 161. Termination Of The Parent-child Relationship
  • Section: New Section

• Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
  • Section: New Section
  • Section: 105

• Chapter 263. Review Of Placement Of Children Under Care Of Department Of Family And Protective Services
  • Section: New Section
  • Section: 306
  • Section: 602
  • Section: 5031