Bill Text: TX SB614 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to certain procedures relating to children placed under a parental child safety placement.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB614 Detail]
Download: Texas-2023-SB614-Introduced.html
Bill Title: Relating to certain procedures relating to children placed under a parental child safety placement.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Passed) 2023-06-18 - Effective on 9/1/23 [SB614 Detail]
Download: Texas-2023-SB614-Introduced.html
88R5824 MM-F | ||
By: Perry | S.B. No. 614 |
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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 264.902, Family Code, is amended by | ||
amending Subsection (a) and adding Subsections (e), (f), and (g) 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 (f), 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) Before a parent or other person making a parental child | ||
safety placement and the caregiver enter into a parental child | ||
safety placement agreement, the department shall notify each person | ||
of the person's right to consult with an attorney and provide the | ||
person with a reasonable time in which to do so. The department | ||
shall continue to monitor the child to ensure the child's safety | ||
during the time period in which the person seeks to consult with an | ||
attorney. If a person waives the person's right to consult with an | ||
attorney before entering into the agreement, the department shall | ||
include language stating that fact in the agreement. | ||
(f) 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. | ||
(g) On the expiration of a parental child safety placement | ||
agreement, the department may for good cause enter into not more | ||
than one additional parental child safety placement agreement for | ||
the child. On entering the additional parental child safety | ||
placement agreement under this subsection, the department shall: | ||
(1) reevaluate the terms and conditions of the | ||
original agreement; and | ||
(2) notify the parents of their right to: | ||
(A) refuse to enter into the agreement; and | ||
(B) be represented by an attorney or a | ||
court-appointed attorney if the parent is indigent if the | ||
department subsequently seeks a court order to require the parents | ||
to participate in services. | ||
SECTION 2. 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 3. The changes in law made by this Act apply only to | ||
a parental child safety placement agreement executed on or after | ||
the effective date of this Act. A parental child safety placement | ||
agreement executed before the effective date of this Act is | ||
governed by the law in effect on the date the agreement was | ||
executed, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 4. This Act takes effect September 1, 2023. |