Bill Text: TX HB1151 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to service plans and placements for children under the care of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to Human Services [HB1151 Detail]
Download: Texas-2013-HB1151-Introduced.html
83R5668 JSL-D | ||
By: Zerwas | H.B. No. 1151 |
|
||
|
||
relating to service plans and placements for children under the | ||
care of the Department of Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 263.102, Family Code, is amended by | ||
adding Subsection (b-1) to read as follows: | ||
(b-1) Unless otherwise ordered by a court, a service plan | ||
must include the following statement prominently displayed | ||
immediately above each parent's signature in at least 12-point type | ||
that is boldfaced and capitalized: | ||
THIS SERVICE PLAN IS NOT MANDATORY. THIS SERVICE PLAN IS | ||
MERELY A RECOMMENDATION BY THE DEPARTMENT OF FAMILY AND PROTECTIVE | ||
SERVICES. YOU ARE NOT REQUIRED TO SIGN IT. ALTHOUGH YOU MAY SIGN IT | ||
IF YOU DESIRE, THE FULFILLMENT OF THE REQUIREMENTS OF THIS SERVICE | ||
PLAN WILL NOT NECESSARILY ASSURE THE RETURN OF YOUR CHILD. YOUR | ||
REFUSAL TO SIGN THIS SERVICE PLAN IS NOT AN ADMISSION OF CHILD ABUSE | ||
OR NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN | ||
ADMISSION OF CHILD ABUSE OR NEGLECT. A VIOLATION OF THIS SERVICE | ||
PLAN CANNOT BE USED AS GROUNDS FOR TERMINATION OF YOUR PARENTAL | ||
RIGHTS AND DUTIES. YOU HAVE THE RIGHT TO CONSULT AN ATTORNEY BEFORE | ||
SIGNING THIS SERVICE PLAN. | ||
SECTION 2. Sections 263.103(a-1) and (c), Family Code, are | ||
amended to read as follows: | ||
(a-1) Before the original service plan is signed, the | ||
child's parents and the representative of the department or other | ||
authorized agency shall discuss each term and condition of the | ||
plan. The representative shall inform the child's parents that | ||
compliance with the service plan is voluntary. | ||
(c) If the department or other authorized agency determines | ||
that the child's parents are unable or unwilling to participate in | ||
the development of the original service plan or sign the plan, a | ||
parent or the department may file a motion for a hearing to approve | ||
the plan. The court may accept or modify the plan based on the | ||
testimony of the parties [ |
||
SECTION 3. Section 263.104, Family Code, is amended by | ||
adding Subsection (a-1) and amending Subsection (b) to read as | ||
follows: | ||
(a-1) If the department or other authorized agency | ||
determines that the child's parents are unable or unwilling to sign | ||
the amended service plan, a parent or the department may file a | ||
motion for a hearing to approve the amended service plan. The court | ||
may accept or modify the amended service plan based on the testimony | ||
of the parties. | ||
(b) The amended service plan supersedes the previously | ||
filed service plan and takes effect when: | ||
(1) the child's parents and the appropriate | ||
representative of the department or other authorized agency sign | ||
the plan; or | ||
(2) the court issues an order giving effect to the | ||
plan [ |
||
|
||
|
||
SECTION 4. Section 264.751(1), Family Code, is amended to | ||
read as follows: | ||
(1) "Designated caregiver" means an individual [ |
||
|
||
|
||
who: | ||
(A) is appointed to provide substitute care for | ||
a [ |
||
conservator, but is not licensed by the department or verified by a | ||
licensed child-placing agency or the department to operate a foster | ||
home, foster group home, agency foster home, or agency foster group | ||
home under Chapter 42, Human Resources Code; or | ||
(B) is subsequently appointed permanent managing | ||
conservator of the child after providing the care described by | ||
Paragraph (A). | ||
SECTION 5. Section 264.752, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) There is a rebuttable presumption that placing a child | ||
in the care of a person designated by the parent or other person | ||
having legal custody of the child is in the best interest of the | ||
child. | ||
SECTION 6. Section 264.753, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.753. EXPEDITED PLACEMENT. The department or | ||
other authorized entity shall expedite the completion of the | ||
background and criminal history check[ |
||
other administrative procedure to ensure that the child is placed | ||
with a qualified relative or caregiver as soon as possible after the | ||
date the caregiver is identified. | ||
SECTION 7. Section 264.754, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.754. INVESTIGATION OF [ |
||
CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [ |
||
placing a child with a proposed relative or other designated | ||
caregiver, the department may [ |
||
investigation, including a home study, to determine whether the | ||
[ |
||
|
||
SECTION 8. The changes in law made by this Act to Sections | ||
263.102, 263.103, and 263.104, Family Code, apply only to a service | ||
plan filed by the Department of Family and Protective Services and | ||
submitted to a child's parent on or after the effective date of this | ||
Act. A service plan filed by the department and submitted to a | ||
child's parent before the effective date of this Act is governed by | ||
the law in effect on the date the service plan was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 9. The changes in law made by this Act to Sections | ||
264.751, 264.752, 264.753, and 264.754, Family Code, apply only to | ||
an investigation of a report of child abuse or neglect that is made | ||
on or after the effective date of this Act. A report that is made | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the report was made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 10. This Act takes effect September 1, 2013. |