88(3) HB 47 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to the procedures for providing notice to certain |
 
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individuals on placement of a child in the managing conservatorship |
 
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of the Department of Family and Protective Services. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Section 262.1095, Family Code, is amended by |
 
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amending Subsections (d), (d-1), and (e) and adding Subsections |
 
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(d-2) and (f) to read as follows: |
 
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             (d)    The department shall: |
 
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                         (1)    begin identifying and locating individuals |
 
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described by Subsection (a) not later than 24 hours after the |
 
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department files a suit affecting the parent-child relationship; |
 
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and |
 
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                         (2)    use due diligence to identify and locate all |
 
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individuals described by Subsection (a) not later than 72 hours |
 
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[the 30th day] after [the date] the department files a suit |
 
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affecting the parent-child relationship. |
 
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             (d-1)    In order to identify and locate the individuals |
 
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described by Subsection (a), the department shall seek information |
 
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from: |
 
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                         (1)    each parent, relative, and alleged father of the |
 
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child; and |
 
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                         (2)    the child in an age-appropriate manner. |
 
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             (d-2)  [(d-1)]    Immediately after the Department of Family |
 
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and Protective Services identifies and locates an individual |
 
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described by Subsection (a)(1), the department shall provide the |
 
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information required by this section. |
 
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             (e)    The failure of a parent or alleged father of the child to |
 
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complete the proposed child placement resources form does not |
 
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relieve the department of its duty to seek information about the |
 
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person under Subsection (d-1) [(d)]. |
 
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             (f)    Not later than 120 hours after the department files a |
 
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suit affecting the parent-child relationship, the department shall |
 
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report to the child's state representative, the child's state |
 
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senator, and the governor: |
 
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                         (1)    whether the department: |
 
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                                     (A)    identified all of the individuals related to |
 
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the child within the fourth degree by consanguinity as determined |
 
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under Chapter 573, Government Code; and |
 
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                                     (B)    contacted each individual and provided the |
 
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information required by Subsection (a); and |
 
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                         (2)    the reason the department failed to contact an |
 
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individual described by Subdivision (1)(A). |
 
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             SECTION  2.    (a)  Not later than April 1, 2025, the Department |
 
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of Family and Protective Services shall report to the legislature |
 
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the following information for cases in which the department was |
 
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named managing conservator of a child after September 1, 2024, but |
 
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before February 1, 2025: |
 
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                         (1)    the total percentage of individuals identified as |
 
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being related to the child within the fourth degree by |
 
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consanguinity as determined under Chapter 573, Government Code, the |
 
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department was unable to contact as required by Section 262.1095, |
 
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Family Code, as amended by this Act, and the reason the department |
 
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was unable to contact each individual; |
 
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                         (2)    the percentage of children in the conservatorship |
 
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of the department who were placed with a relative or other |
 
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designated caregiver; |
 
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                         (3)    the percentage of children in the conservatorship |
 
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of the department who were placed in foster care; |
 
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                         (4)    the total number of children in the |
 
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conservatorship of the department who were placed with a relative |
 
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or other designated caregiver; |
 
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                         (5)    the total number of children in the |
 
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conservatorship of the department who were placed in foster care |
 
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and, for each child, the reasons the department did not place the |
 
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child with a relative or other designated caregiver; and |
 
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                         (6)    any legislative or other recommendations to ensure |
 
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the department contacts all of a child's relatives identified under |
| Statutes affected:
Introduced: Family Code 262.1095 (Family Code 262)