The bill, S.B. No. 620, establishes an "active efforts" standard for the removal of children under the managing conservatorship of the Department of Family and Protective Services (DFPS). It amends various sections of the Family Code to define "active efforts" as affirmative, thorough, and timely actions aimed at maintaining or reuniting a child with their family. The bill requires DFPS to provide tailored support to parents, including comprehensive assessments and the identification of services, while prioritizing the child's health and safety in decisions regarding removal from the home. Key amendments include replacing "reasonable efforts" with "active efforts" in contexts related to family reunification and parental rights termination, ensuring that courts document the specific active efforts made by DFPS.
Additionally, the bill mandates that affidavits in child removal cases detail the active efforts made to prevent removal, reinforcing a proactive approach to child safety. Courts must find that active efforts were made before issuing temporary conservatorship or restraining orders, with specific conditions outlined for child removal, such as immediate danger to the child's health or safety. The legislation also enhances the review process for children in foster care and young adults in extended foster care, requiring courts to assess the appropriateness of placements and the department's efforts in meeting children's needs. Overall, the amendments aim to strengthen child protection laws and ensure that all possible measures are taken to keep families together when safe to do so, with changes set to take effect on September 1, 2025.
Statutes affected: Introduced: Family Code 161.001, Family Code 161.003, Family Code 262.001, Family Code 262.101, Family Code 262.102, Family Code 262.105, Family Code 262.107, Family Code 262.201, Family Code 262.2015, Family Code 263.202, Family Code 263.5031, Family Code 263.602 (Family Code 263, Family Code 161, Family Code 262)