Bill Text: TX HB1152 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to investigations of child abuse or neglect, including the placement of children removed from their homes as a result of an investigation.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2013-02-20 - Referred to Human Services [HB1152 Detail]
Download: Texas-2013-HB1152-Introduced.html
83R5667 MCK-F | ||
By: Zerwas | H.B. No. 1152 |
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relating to investigations of child abuse or neglect, including the | ||
placement of children removed from their homes as a result of an | ||
investigation. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 262.112(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) The Department of Family and Protective [ |
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of a child are [ |
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chapter in any proceeding in which a hearing is required if the | ||
department determines that a child should be removed from the | ||
child's home because of an immediate danger to the physical health | ||
or safety of the child. | ||
(b) In any proceeding in which an expedited hearing is held | ||
under Subsection (a), the department, parent, conservator, legal | ||
guardian, or other party to the proceeding is entitled to an | ||
expedited appeal on a ruling by a court regarding the removal of | ||
[ |
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SECTION 2. Sections 262.114(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) Before a full adversary hearing under Subchapter C, the | ||
Department of Family and Protective Services must perform a | ||
background and criminal history check of the relatives or other | ||
designated individuals identified as a potential relative or | ||
designated caregiver, as defined by Section 264.751, on the | ||
proposed child placement resources form provided under Section | ||
261.307. The department shall evaluate each person listed on the | ||
form to determine the relative or other designated individual who | ||
would be the most appropriate substitute caregiver for the child | ||
and may [ |
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substitute caregiver, if any, before the full adversary hearing. | ||
Until the department identifies a relative or other designated | ||
individual qualified to be a substitute caregiver, the department | ||
must continue to explore substitute caregiver options. The time | ||
frames in this subsection do not apply to a relative or other | ||
designated individual located in another state. | ||
(b) The department may place a child with a relative or | ||
other designated individual identified on the proposed child | ||
placement resources form unless [ |
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the placement is not in the best interest of the child. The | ||
department may place the child with the relative or designated | ||
individual before conducting the background and criminal history | ||
check [ |
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department shall provide a copy of an informational manual required | ||
under Section 261.3071 to the relative or other designated | ||
caregiver at the time of the child's placement. | ||
SECTION 3. Subchapter B, Chapter 262, Family Code, is | ||
amended by adding Section 262.115 to read as follows: | ||
Sec. 262.115. LIMITATION ON PLACEMENT WITH DESIGNATED | ||
PERSON. (a) Except as provided by Subsection (c), the Department | ||
of Family and Protective Services may not place a child with a | ||
person designated by the parent or other person having legal | ||
custody of the child under Section 262.114 if the department | ||
determines that: | ||
(1) the placement would expose the child to immediate | ||
danger to the child's physical health or safety; or | ||
(2) the designated person or another person in the | ||
designated person's household: | ||
(A) is listed in the department's central | ||
registry maintained under Section 261.002 with a finding that the | ||
department confirmed, had reason to believe, or could not determine | ||
that the person abused or neglected a child; | ||
(B) is the subject of a report of child abuse or | ||
neglect being investigated by the department; | ||
(C) has been found to have committed family | ||
violence and is or has been the subject of a protective order | ||
rendered under Title 4; | ||
(D) has been convicted of a felony, is under | ||
indictment for or charged with an offense punishable as a felony, or | ||
is under investigation by a state or federal law enforcement agency | ||
for an offense punishable as a felony; or | ||
(E) has previously voluntarily relinquished | ||
parental rights as the result of an allegation of child abuse or | ||
neglect. | ||
(b) A law enforcement agency in this state, on request of | ||
the department, shall assist in conducting a criminal background | ||
check on a designated person or any other person in the designated | ||
person's household. | ||
(c) The department may place a child with a person described | ||
by Subsection (a) if the department determines that placement of | ||
the child with the designated person will not endanger the child. | ||
(d) If the department determines that the designated person | ||
under Section 262.114 is not an appropriate placement for the | ||
child, the department shall immediately provide the parent or other | ||
person having legal custody of the child with written notice | ||
stating the specific facts leading to the department's objections | ||
to the placement. The parent or other person having legal custody | ||
of the child may challenge the department's placement decision by | ||
filing a motion for a hearing before the court. The court shall | ||
render an order regarding placement of the child after hearing | ||
testimony from the parties. The court may approve the placement of | ||
the child with the designated person and order any modification the | ||
court determines necessary to address the department's written | ||
objections. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
an investigation of a report of child abuse or neglect that is made, | ||
or a suit affecting the parent-child relationship that is | ||
commenced, on or after the effective date of this Act. A report | ||
that is made or a suit that is commenced before the effective date | ||
of this Act is governed by the law in effect on the date the report | ||
was made or the suit was commenced, and the former law is continued | ||
in effect for that purpose. | ||
SECTION 5. This Act takes effect September 1, 2013. |