87R5948 MM-D

By: Darby H.B. No. 1790

A BILL TO BE ENTITLED

AN ACT

relating to the notice provided to certain individuals on termination of the parent-child relationship and 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. Subchapter C, Chapter 161, Family Code, is amended by adding Section 161.2081 to read as follows:

Sec. 161.2081. NOTICE OF TERMINATION FOR CERTAIN RELATIVES. Immediately after a court renders an order terminating the parent-child relationship in a suit filed by the Department of Family and Protective Services, the department shall notify each individual described by Section 102.006(c) who has been identified under Section 262.1095 that:

(1) the parent-child relationship has been terminated; and

(2) the individual has 90 days after the date the order is rendered to file an original suit or a suit for modification requesting managing conservatorship of the child in accordance with Section 102.006(c).

SECTION 2. Section 262.1095, Family Code, is amended by amending Subsections (a) and (b) and adding Subsection (d-1) to read as follows:

(a) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department:

(1) shall provide information as prescribed by this section in writing to each adult the department is able to identify and locate who is:

(A) related to the child within the third degree by consanguinity as determined under Chapter 573, Government Code;

(B) an adult relative of the alleged father of the child if the department has a reasonable basis to believe the alleged father is the child's biological father; or

(C) identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307; and

(2) may provide information as prescribed by this section to each adult the department is able to identify and locate who has a long-standing and significant relationship with the child.

(b) The information provided under Subsection (a) must:

(1) state that the child has been removed from the child's home and is in the temporary managing conservatorship of the department;

(2) explain the options available to the individual to participate in the care and placement of the child and the support of the child's family, the methods by which the individual may exercise those options, and any requirements the individual must satisfy to exercise those options, including:

(A) the requirement that the individual be evaluated by the Department of Family and Protective Services under Section 262.114 before the individual may serve as a substitute caregiver; and

(B) the deadlines before which the individual must respond to exercise those options;

(3) identify the [state that some] options available to the individual that may be lost if the individual fails to respond in a timely manner; [and]

(4) include, if applicable, the date, time, and location of the hearing under Subchapter C, Chapter 263; and

(5) include information regarding the procedures and timeline for a suit affecting the parent-child relationship under this chapter.

(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.

SECTION 3. The changes in law made by this Act apply only to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect immediately before the effective date of this Act, and the former law is continued in effect for that purpose.

SECTION 4. This Act takes effect September 1, 2021.