Texas House Bill HB5327

Texas 2025 - 89th Regular

• Filed: 3/14/25

Caption

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.

Impact

By providing clear guidelines for the DFPS regarding sibling placements, HB5327 intends to prioritize keeping siblings together whenever possible, thereby promoting stability and emotional wellbeing for children in the foster care system. The bill emphasizes the need for the Department to document its outreach efforts and the reasons behind its decisions. Should this bill become law, it could lead to a paradigm shift in how sibling relationships are managed in the adoption process, thereby potentially reducing the trauma associated with separation during critical developmental stages.

Summary

House Bill 5327 aims to amend the Family Code in Texas regarding the placement of children who are under the conservatorship of the Department of Family and Protective Services (DFPS) with the adoptive parents of their siblings. The bill seeks to ensure that when a decision is made regarding placing a child in need of a home, the Department first identifies whether the child has any siblings who have previously been adopted and should notify and consider placing the child with the adoptive parent of their sibling if it aligns with the child's best interests. This amendment is intended to strengthen familial ties and increase the likelihood of placement within a supportive family environment.

Contention

There may be consideration around the flexibility of the DFPS in placement decisions. Critics might argue that while the intent to keep siblings together is noble, the overarching goal of ensuring the individual best interests of each child must remain paramount. The bill, however, clarifies that it does not mandate placement with the adoptive parent of a sibling if such a decision would not serve the child's best interests. Thus, ensuring balance in the application of this amendment is crucial.

Texas Constitutional Statutes Affected

Family Code

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

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

• Chapter 264. Child Welfare Services
  • Section: 751