88S30022 AMF-D
	By: Gervin-Hawkins	H.B. No. 30

	A BILL TO BE ENTITLED
	AN ACT
	relating to the notice provided to certain persons concerning
	children in the managing conservatorship of the Department of
	Family and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 264.018, Family Code, is amended by
	amending Subsections (d), (e), (f), and (g) and adding Subsections
	(h-1) and (m) to read as follows:
	(d)  Not later than 24 hours after an event described by this
	subsection, the department shall make a reasonable effort to notify
	a parent of a child in the managing conservatorship of the
	department and the attorney of a parent who is represented by an
	attorney of:
	(1)  a significant change in medical condition of the
	child;
	(2)  the enrollment or participation of the child in a
	drug research program under Section 266.0041; [and]
	(3)  an initial prescription of a psychotropic
	medication; and
	(4)  a change in the child's placement.
	(e)  Not later than 48 hours before the department changes
	the residential child-care facility of a child in the managing
	conservatorship of the department, the department shall provide
	notice of the change to:
	(1)  the child's parent and the attorney of a parent who
	is represented by an attorney;
	(2)  an attorney ad litem appointed for the child under
	Chapter 107;
	(3)  a guardian ad litem appointed for the child under
	Chapter 107;
	(4)  a volunteer advocate appointed for the child under
	Chapter 107; and
	(5)  the licensed administrator of the child-placing
	agency responsible for placing the child or the licensed
	administrator's designee.
	(f)  Except as provided by Subsection (d-1), as soon as
	possible but not later than 48 hours [the 10th day] after [the date]
	the department becomes aware of a significant event affecting a
	child in the conservatorship of the department, the department
	shall provide notice of the significant event to:
	(1)  the child's parent and the attorney of a parent who
	is represented by an attorney;
	(2)  an attorney ad litem appointed for the child under
	Chapter 107;
	(3)  a guardian ad litem appointed for the child under
	Chapter 107;
	(4)  a volunteer advocate appointed for the child under
	Chapter 107;
	(5)  the licensed administrator of the child-placing
	agency responsible for placing the child or the licensed
	administrator's designee;
	(6)  a foster parent, prospective adoptive parent,
	relative of the child providing care to the child, or director of
	the group home or general residential operation where the child is
	residing; and
	(7)  any other person determined by a court to have an
	interest in the child's welfare.
	(g)  For purposes of Subsection (f), if a hearing for the
	child is conducted during the 48-hour [10-day] notice period
	described by that subsection, the department shall provide notice
	of the significant event at the hearing.
	(h-1)  Notwithstanding Subsection (h), the department shall
	provide notice under this section to the attorney of a parent who is
	represented by an attorney if:
	(1)  the department cannot locate the parent; or
	(2)  the child is in the permanent managing
	conservatorship of the department and the parent has not
	participated in the child's case for at least six months despite the
	department's efforts to involve the parent.
	(m)  The department shall document in the child's case record
	all notifications and attempted notifications made under this
	section.
	SECTION 2.  This Act takes effect on the 91st day after the
	last day of the legislative session.

Statutes affected:
Introduced: Family Code 264.018 (Family Code 264)