Texas House Bill HB5255

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

Relating to policies related to the removal and placement of a child by the Department of Family and Protective Services.

Impact

The implementation of HB5255 would have a direct impact on the practices of child welfare agencies in Texas, leading to a potential increase in the number of children placed with relatives who may previously have been disqualified due to their immigration status. This is particularly relevant in communities with high immigrant populations, as it may strengthen family ties and keep children within familiar environments even during challenging family circumstances. The bill aims to safeguard children’s rights to maintain family connections while navigating the foster care system.

Summary

House Bill 5255 seeks to amend certain provisions in the Texas Family Code regarding the policies that govern the removal and placement of children by the Department of Family and Protective Services (DFPS). A significant feature of this bill is that it prohibits the DFPS from considering the citizenship or immigration status of a relative or designated caregiver when making placement decisions for a child. This change aims to ensure that the best interests of the child are prioritized without bias against caregivers who may have differing immigration statuses.

Contention

While supporters of HB5255 argue that the bill promotes family unity and protects children's rights, there may be opposition from those who feel that immigration status should be considered to ensure the safety and stability of placements. Critics may express concerns that without assessing immigration status, the bill could inadvertently lead to placements that are not in the best interest of the child if the relative or caregiver has unresolved legal issues. Therefore, the ongoing discussion around this bill is likely to reflect deeper societal concerns regarding immigration policies and child welfare.

Texas Constitutional Statutes Affected

Family Code

• Chapter 262. Procedures In Suit By Governmental Entity To Protect Health And Safety Of Child
  • Section: 114
  • Section: 116