BILL ANALYSIS

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

The 87th Texas Legislature passed S.B. 642, which was implemented by the Department of Family and Protective Services (DFPS). That bill was designed to redesign the relinquishment avoidance program and improve access to the relinquishment avoidance program. Before S.B. 642, all referrals for relinquishment avoidance had to go through Child Protective Services and an abuse/neglect investigation, even when no allegation of abuse or neglect was made.

In the wake of S.B. 642's implementation, family defense attorneys and others have claimed that DFPS has poorly implemented the program, and in some cases threatened parents seeking relinquishment avoidance services with criminal charges related to adornment or endangerment of a child.

While DFPS has submitted a budget rider of approximately $70 million to address issues with the relinquishment avoidance program, and some of that rider has been taken up by the various versions of the General Appropriations Act of the 88th Texas Legislature, additional statutory guardrails are needed to ensure that the intent of S.B. 642 is fully carried out by DFPS.

As such, S.B. 2591 mandates that courts enter an order appointing DFPS as the child's joint managing conservator with the parent if that court finds sufficient evidence to satisfy a person of ordinary prudence and caution that the child's parent or guardian has exhausted all available means to available to them to obtain mental health services to treat the child, and agreed to actively participate in the child's service plan, in preparation for eventual reunification.

As proposed, S.B. 2591 amends current law relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 262.352, Family Code, as follows:

Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a) Defines "hotel."

(b) Creates this subsection from existing text.

(c) Requires a court to enter an order appointing the Department of Family and Protective Services (DFPS) and the child's parent or legal guardian as joint managing conservators of the child if the court finds sufficient evidence to satisfy a person of ordinary prudence and caution that the child's parent or legal guardian has exhausted all reasonable means available to the parent or legal guardian to obtain mental health services to meet the child's needs and has agreed to actively participate in the child's service plan in preparation for the child's return to the parent or legal guardian.

(d) Prohibits a child in the joint managing conservatorship of DFPS and the child's parent or legal guardian from receiving temporary emergency care under Section 264.107(g) (relating to authorizing persons meeting certain criteria, if DFPS or the single source continuum contractor is unable to find an appropriate placement for a child, to provide temporary emergency care for the child) in a hotel or other unlicensed setting.

SECTION 2. Makes application of this Act prospective.

SECTION 3. Effective date: September 1, 2023.