Bill Text: TX HB4121 | 2015-2016 | 84th Legislature | Comm Sub
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 2-0)
Status: (Introduced - Dead) 2015-05-06 - Committee report sent to Calendars [HB4121 Detail]
Download: Texas-2015-HB4121-Comm_Sub.html
84R21256 MK-D | |||
By: Hughes, King of Taylor | H.B. No. 4121 | ||
Substitute the following for H.B. No. 4121: | |||
By: Raymond | C.S.H.B. No. 4121 |
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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, as | ||
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, | ||
2015, 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 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 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 | ||
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SECTION 3. Section 263.104, Family Code, as amended by S.B. | ||
219, Acts of the 84th Legislature, Regular Session, 2015, 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 sign the plan; or | ||
(2) the court issues an order giving effect to the | ||
plan [ |
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the parents' signatures. | ||
SECTION 4. Section 264.751(1), Family Code, is amended to | ||
read as follows: | ||
(1) "Designated caregiver" means an individual [ |
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who: | ||
(A) is appointed to provide substitute care for | ||
a [ |
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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, as amended by S.B. | ||
219, Acts of the 84th Legislature, Regular Session, 2015, is | ||
amended to read as follows: | ||
Sec. 264.753. EXPEDITED PLACEMENT. The department shall | ||
expedite the completion of the background and criminal history | ||
check[ |
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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 [ |
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CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [ |
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placing a child with a proposed relative or other designated | ||
caregiver, the department may [ |
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investigation, including a home study, to determine whether the | ||
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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, 2015. |