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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures relating to children placed under a |
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parental child safety placement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.203, Family Code, is amended by |
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adding Subsections (e) and (f) to read as follows: |
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(e) If a child is subject to a parental child safety |
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placement under Subchapter L, before the court may order a parent, |
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managing conservator, guardian, or other member of the subject |
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child's household to participate in services, the court shall |
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advise any person who is not represented by an attorney of: |
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(1) the right to be represented by an attorney; and |
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(2) if the person is indigent and opposes the order to |
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participate in services, the right to a court-appointed attorney. |
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(f) The court shall appoint an attorney ad litem to |
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represent the interests of a person described by Subsection (e) if |
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the person claims indigence and requests the appointment of an |
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attorney. The court shall require the person to complete and file |
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with the court an affidavit of indigence. The court may hear |
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evidence to determine whether the person is indigent. If the court |
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determines the person is indigent, the court shall appoint an |
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attorney to represent the person. The attorney ad litem for the |
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parent shall have the powers and duties of an attorney ad litem for |
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a parent under Section 107.0131. |
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SECTION 2. Section 264.902, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (e) and (f) to read |
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as follows: |
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(a) A parental child safety placement agreement must |
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include terms that clearly state: |
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(1) the respective duties of the person making the |
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placement and the caregiver, including a plan for how the caregiver |
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will access necessary medical treatment for the child and the |
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caregiver's duty to ensure that a school-age child is enrolled in |
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and attending school; |
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(2) conditions under which the person placing the |
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child may have access to the child, including how often the person |
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may visit and the circumstances under which the person's visit may |
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occur; |
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(3) the duties of the department; |
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(4) subject to Subsection (e), the date on which the |
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agreement will terminate unless terminated sooner or extended to a |
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subsequent date as provided under department policy; and |
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(5) any other term the department determines necessary |
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for the safety and welfare of the child. |
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(e) A parental child safety placement agreement |
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automatically terminates on the earlier of the 30th day after the |
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date: |
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(1) the agreement is signed; or |
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(2) the child is placed with the caregiver. |
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(f) On the expiration of a parental child safety placement |
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agreement, the department may for good cause enter into not more |
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than one additional parental child safety placement agreement for |
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the child. On entering the parental child safety placement |
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agreement, the department shall: |
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(1) reevaluate the terms and conditions of the |
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original agreement; and |
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(2) notify the parents of their right to: |
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(A) refuse to enter into the agreement; and |
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(B) be represented by an attorney or a |
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court-appointed attorney if the parent is indigent if the |
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department subsequently seeks a court order to require the parents |
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to participate in services. |
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SECTION 3. Subchapter L, Chapter 264, Family Code, is |
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amended by adding Sections 264.907 and 264.908 to read as follows: |
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Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD |
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SAFETY PLACEMENTS. The department shall include children who are |
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placed with a caregiver under a parental child safety placement |
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agreement in any report, including reports submitted to the United |
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States Department of Health and Human Services or another federal |
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agency, in which the department is required to report the number of |
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children in the child protective services system who are removed |
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from the children's homes. |
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Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN |
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SERVICES. The department shall report the number of cases in which |
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a court under Section 264.203 orders the parent, managing |
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conservator, guardian, or other member of the child's household of |
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a child who is placed with a caregiver under a parental child safety |
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placement to participate in services. |
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SECTION 4. This Act takes effect September 1, 2021. |