Bill Text: TX HB42 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to certain procedures relating to children placed under a parental child safety placement.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-06 - Filed [HB42 Detail]
Download: Texas-2021-HB42-Introduced.html
By: Hull | H.B. No. 42 |
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relating to certain procedures relating to children placed under a | ||
parental child safety placement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 264.203, Family Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) If a child is subject to a parental child safety | ||
placement under Subchapter L, before the court may order a parent, | ||
managing conservator, guardian, or other member of the subject | ||
child's household to participate in services, the court shall | ||
advise any person who is not represented by an attorney of: | ||
(1) the right to be represented by an attorney; and | ||
(2) if the person is indigent and opposes the order to | ||
participate in services, the right to a court-appointed attorney, | ||
subject to the procedures in Section 263.0061(b). | ||
SECTION 2. Section 264.902, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (e) to read as | ||
follows: | ||
(a) A parental child safety placement agreement must | ||
include terms that clearly state: | ||
(1) the respective duties of the person making the | ||
placement and the caregiver, including a plan for how the caregiver | ||
will access necessary medical treatment for the child and the | ||
caregiver's duty to ensure that a school-age child is enrolled in | ||
and attending school; | ||
(2) conditions under which the person placing the | ||
child may have access to the child, including how often the person | ||
may visit and the circumstances under which the person's visit may | ||
occur; | ||
(3) the duties of the department; | ||
(4) subject to Subsection (e), the date on which the | ||
agreement will terminate unless terminated sooner or extended to a | ||
subsequent date as provided under department policy; and | ||
(5) any other term the department determines necessary | ||
for the safety and welfare of the child. | ||
(e) A parental child safety placement agreement | ||
automatically terminates on the earlier of the 30th day after the | ||
date: | ||
(1) the agreement is signed; or | ||
(2) the child is placed with the caregiver. | ||
SECTION 3. Subchapter L, Chapter 264, Family Code, is | ||
amended by adding Sections 264.907 and 264.908 to read as follows: | ||
Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD | ||
SAFETY PLACEMENTS. The department shall include children who are | ||
placed with a caregiver under a parental child safety placement | ||
agreement in any report, including reports submitted to the United | ||
States Department of Health and Human Services or another federal | ||
agency, in which the department is required to report the number of | ||
children in the child protective services system who are removed | ||
from the children's homes. | ||
Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN | ||
SERVICES. The department shall report the number of cases in which | ||
a court under Section 264.203 orders the parent, managing | ||
conservator, guardian, or other member of the child's household of | ||
a child who is placed with a caregiver under a parental child safety | ||
placement to participate in services. | ||
SECTION 4. This Act takes effect on the 91st day after the | ||
last day of the legislative session. |