88S30037 MLH-D
	By: Gervin-Hawkins	H.B. No. 47

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Statutes affected:
Introduced: Family Code 262.1095 (Family Code 262)

	A BILL TO BE ENTITLED
	AN ACT
	relating to the procedures for providing notice to certain
	individuals on placement of a child 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 262.1095, Family Code, is amended by
	amending Subsections (d), (d-1), and (e) and adding Subsections
	(d-2) and (f) to read as follows:
	(d)  The department shall:
	(1)  begin identifying and locating individuals
	described by Subsection (a) not later than 24 hours after the
	department files a suit affecting the parent-child relationship;
	and
	(2)  use due diligence to identify and locate all
	individuals described by Subsection (a) not later than 72 hours
	[the 30th day] after [the date] the department files a suit
	affecting the parent-child relationship.
	(d-1)  In order to identify and locate the individuals
	described by Subsection (a), the department shall seek information
	from:
	(1)  each parent, relative, and alleged father of the
	child; and
	(2)  the child in an age-appropriate manner.
	(d-2) [(d-1)]  Immediately after the Department of Family
	and Protective Services identifies and locates an individual
	described by Subsection (a)(1), the department shall provide the
	information required by this section.
	(e)  The failure of a parent or alleged father of the child to
	complete the proposed child placement resources form does not
	relieve the department of its duty to seek information about the
	person under Subsection (d-1) [(d)].
	(f)  Not later than 120 hours after the department files a
	suit affecting the parent-child relationship, the department shall
	report to the child's state representative, the child's state
	senator, and the governor:
	(1)  whether the department:
	(A)  identified all of the individuals related to
	the child within the fourth degree by consanguinity as determined
	under Chapter 573, Government Code; and
	(B)  contacted each individual and provided the
	information required by Subsection (a); and
	(2)  the reason the department failed to contact an
	individual described by Subdivision (1)(A).
	SECTION 2.  (a)  Not later than April 1, 2025, the Department
	of Family and Protective Services shall report to the legislature
	the following information for cases in which the department was
	named managing conservator of a child after September 1, 2024, but
	before February 1, 2025:
	(1)  the total percentage of individuals identified as
	being related to the child within the fourth degree by
	consanguinity as determined under Chapter 573, Government Code, the
	department was unable to contact as required by Section 262.1095,
	Family Code, as amended by this Act, and the reason the department
	was unable to contact each individual;
	(2)  the percentage of children in the conservatorship
	of the department who were placed with a relative or other
	designated caregiver;
	(3)  the percentage of children in the conservatorship
	of the department who were placed in foster care;
	(4)  the total number of children in the
	conservatorship of the department who were placed with a relative
	or other designated caregiver;
	(5)  the total number of children in the
	conservatorship of the department who were placed in foster care
	and, for each child, the reasons the department did not place the
	child with a relative or other designated caregiver; and
	(6)  any legislative or other recommendations to ensure
	the department contacts all of a child's relatives identified under
	Section 262.1095, Family Code, as amended by this Act.
	(b)  Not later than November 1, 2025, the Department of
	Family and Protective Services shall report to the legislature the
	information described by Subsection (a) of this section for all
	cases in which the department was named managing conservator of a
	child during the fiscal year ending August 31, 2025.