Bill Text: TX HB792 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the notice requirements for and effective date of a service plan filed by the Department of Family and Protective Services with regard to a child.

Sponsorship: Bipartisan Bill

Status: (Introduced - Dead) 2011-04-12 - Left pending in committee [HB792 Detail]

Download: Texas-2011-HB792-Introduced.html

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82R3704 TJB-D
By: Zerwas H.B. No. 792

A BILL TO BE ENTITLED
AN ACT
relating to the notice requirements for and effective date of a
service plan filed by the Department of Family and Protective
Services with regard to a child.
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), (c), and (d), Family Code,
are amended to read as follows:
(a) Before the service plan is signed, the child's parents
and the representative of the department or other 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 sign the service
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 [without the parents' signatures].
(d) The plan takes effect when:
(1) the child's parents and the appropriate
representative of the department or other authorized agency sign
the plan; or
(2) if the child's parents refuse to sign the plan, the
court approves the plan [the department or other authorized agency
files the plan without the parents' signatures].
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) if the child's parents refuse to sign the plan, the
court approves the plan [the department or other authorized agency
determines that the child's parents are unable or unwilling to sign
the amended plan and files it without the parents' signatures].
SECTION 4. Section 264.751(1), Family Code, is amended to
read as follows:
(1) "Designated caregiver" means an individual [who
has a longstanding and significant relationship with a child for
whom the department has been appointed managing conservator and]
who:
(A) is appointed to provide substitute care for
a [the] child for whom the department has been appointed managing
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[, the home study,] and any
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 [PROPOSED] PLACEMENT OF
CHILD WITH RELATIVE OR DESIGNATED CAREGIVER. After [Before]
placing a child with a proposed relative or other designated
caregiver, the department may [must] conduct a comprehensive [an]
investigation, including a home study, to determine whether the
[proposed] placement provides a safe environment for the child [is
in the child's best interest].
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, 2011.