Texas House Bill HB3598

Texas 2025 - 89th Regular

• Filed: 3/3/25

Caption

Relating to prohibiting a child in the conservatorship of the Department of Family and Protective Services from declining a placement.

Impact

The introduction of HB 3598 may significantly alter the operational procedures of DFPS when it comes to placing children in foster care or other care situations. By limiting the ability of children to refuse placements, the bill could expedite the placement process and reduce the time children spend in limbo without stable housing. Advocates believe this approach will increase the number of placements available to children in need by reducing delays caused by the refusal of placements, which can often lead to extended stays in emergency shelters.

Summary

House Bill 3598 seeks to amend the Family Code regarding the rights of children under the conservatorship of the Department of Family and Protective Services (DFPS). Specifically, the bill prohibits children who are in the care of DFPS from declining an appropriate placement unless it is determined that such a placement would not be in the best interest of the child. This legislative change is aimed at ensuring that children in state custody are placed in environments deemed suitable, thereby promoting continuity and stability in their care.

Contention

However, the bill raises concerns among child welfare advocates and specific stakeholder groups. Critics argue that while the bill aims to benefit children, it could infringe on the rights of minors to have a say in their living situations. They express concerns that not allowing children to decline placements may lead to situations where children are placed in homes that do not meet their emotional or psychological needs. The emphasis on swift placements could overshadow the importance of ensuring that placements are indeed in the child's best interest, potentially leading to adverse outcomes for some children.

Texas Constitutional Statutes Affected

Family Code

• Chapter 264. Child Welfare Services
  • Section: 107