89R10943 DNC-F
By: Richardson H.B. No. 5327
A BILL TO BE ENTITLED
AN ACT
relating to placement of a child in the conservatorship of the
Department of Family and Protective Services with an adoptive
parent of the child's sibling.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.114(d), Family Code, is amended to
read as follows:
(d) In making a placement decision for a child, the
department shall give preference to persons in the following order:
(1) a person related to the child by blood, marriage,
or adoption;
(2) a person with whom the child has a long-standing
and significant relationship;
(3) an adoptive parent of a sibling of the child;
(4) a foster home; and
(5) [(4)] a general residential operation.
SECTION 2. Section 263.001(a), Family Code, is amended by
adding Subdivision (5) to read as follows:
(5) "Adoptive parent of a sibling" means a person who
has adopted a sibling of a child in the conservatorship of the
department.
SECTION 3. Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.00202 to read as follows:
Sec. 263.00202. PLACEMENT CONSIDERATIONS FOR SIBLINGS OF
ADOPTED CHILDREN. (a) Before making a placement decision for a
child for whom the department has been appointed managing
conservator, the department shall:
(1) identify whether the child has any siblings who
have been adopted;
(2) notify an adoptive parent of a sibling who has been
identified under Subdivision (1) of the child's removal and
placement needs; and
(3) consider placing the child with the adoptive
parent of the child's sibling if:
(A) the adoptive parent expresses interest in
having the child placed with the parent;
(B) placement with the adoptive parent is in the
best interest of the child; and
(C) placement with a person having a
long-standing and significant relationship with the child or the
child's family is not available or is not in the child's best
interest.
(b) The department shall document in a child's case file:
(1) the efforts the department made to identify and
notify an adoptive parent of a sibling of a child under this
section;
(2) any expression of interest from an adoptive parent
of a sibling in having the child placed with the adoptive parent;
and
(3) the reasons for approving or denying the placement
of the child with an adoptive parent of a sibling who has expressed
interest in the placement.
(c) This section does not:
(1) supersede the placement preferences established
by Section 262.114(d);
(2) create an obligation for the department to place a
child with an adoptive parent of the child's sibling if the
placement is not in the child's best interest; or
(3) create a cause of action or create an obligation or
duty that provides a basis for a cause of action for an act or
omission under this section.
SECTION 4. Section 264.751(1), Family Code, is amended to
read as follows:
(1) "Designated caregiver" means an individual:
(A) who:
(i) has a longstanding and significant
relationship with a child or the family of a child for whom the
department has been appointed managing conservator; or
(ii) is an adoptive parent of a sibling of
the child; and
(B) who:
(i) [(A)] is appointed to provide
substitute care for the child, but is not verified by a licensed
child-placing agency to operate an agency foster home under Chapter
42, Human Resources Code; or
(ii) [(B)] is subsequently appointed
permanent managing conservator of the child after providing the
care described by Subparagraph (i) [Paragraph (A)].
SECTION 5. This Act takes effect September 1, 2025.