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AN ACT
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relating to the reinstatement of the parent-child relationship with |
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respect to a person whose parental rights have been involuntarily |
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terminated and to certain requirements in relation to the |
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termination of the parent-child relationship or placement of a |
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child in substitute care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 161, Family Code, is amended by adding |
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Subchapter D to read as follows: |
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SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER INVOLUNTARY |
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TERMINATION |
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Sec. 161.301. DEFINITIONS. In this subchapter: |
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(1) "Commissioner" means the commissioner of the |
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Department of Family and Protective Services. |
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(2) "Department" means the Department of Family and |
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Protective Services. |
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Sec. 161.302. PETITION. (a) The following persons may file |
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a petition under this subchapter requesting the court to reinstate |
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the parental rights of a former parent whose parental rights were |
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involuntarily terminated under Section 161.001 or 161.003: |
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(1) the department; |
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(2) the single source continuum contractor under |
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Subchapter B-1, Chapter 264, with responsibility for the child who |
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is the subject of the petition; |
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(3) the attorney ad litem for the child who is the |
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subject of the petition; or |
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(4) the former parent whose parental rights were |
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involuntarily terminated. |
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(b) A petition for the reinstatement of parental rights may |
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be filed under this subchapter only if: |
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(1) the termination of parental rights resulted from a |
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suit filed by the department; |
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(2) at least two years have passed since the issuance |
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of the order terminating the former parent's parental rights and an |
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appeal of the order is not pending; |
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(3) the child has not been adopted; |
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(4) the child is not the subject of an adoption |
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placement agreement; and |
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(5) the petitioner has provided the notice required by |
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Subsection (d), if the petitioner is the former parent whose |
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parental rights are sought to be reinstated. |
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(c) The contents of the petition for reinstatement of |
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parental rights must be sworn by the petitioner and must include: |
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(1) the name of the petitioner; |
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(2) the name and current residence address of the |
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former parent whose parental rights are sought to be reinstated, if |
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that former parent is not the petitioner; |
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(3) the child's name, current residence address, and |
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date and place of birth, if known; |
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(4) the name, current residence address, and contact |
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information, if known, of any party that: |
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(A) participated in the original termination |
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hearing; and |
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(B) has information relevant to the |
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determination of conservatorship of or possession of or access to |
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the child; |
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(5) a summary of the grounds on which the court |
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rendered the order terminating the former parent's parental rights; |
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(6) a summary statement of the facts and evidence that |
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the petitioner believes demonstrate that the former parent whose |
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parental rights are sought to be reinstated has the capacity and |
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willingness to perform parental duties under Section 151.001, |
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including steps the former parent has taken toward personal |
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rehabilitation since the rendition of the order terminating |
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parental rights, including mental health and substance abuse |
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treatment, employment, or other personal history that demonstrates |
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rehabilitation; |
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(7) a statement of the former parent whose parental |
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rights are sought to be reinstated requesting the reinstatement of |
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parental rights; |
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(8) a statement of the intent or willingness of the |
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child to consent to the reinstatement of parental rights, if the |
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child is 12 years of age or older; and |
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(9) a summary of all prior requests or motions for |
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reinstatement by the former parent whose parental rights are sought |
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to be reinstated and by the petitioner, if the former parent is not |
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the petitioner, with respect to that child. |
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(d) Before a former parent whose parental rights have been |
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involuntarily terminated may file a petition for reinstatement |
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under this subchapter, the former parent, at least 45 days before |
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the petition is filed, must notify the department of the former |
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parent's intent to file the petition. The commissioner shall |
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create a form to be used by a former parent for that notice that |
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includes the information listed in Subsection (c). A copy of the |
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notice must be filed with the petition. |
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(e) The petition for the reinstatement of parental rights |
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and notice of hearing on the petition must be served on: |
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(1) the child or the child's representative; |
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(2) the county attorney; |
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(3) the child's attorney ad litem; |
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(4) the department or single source continuum |
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contractor, if applicable; |
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(5) the former parent whose parental rights are sought |
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to be reinstated, if that former parent is not the petitioner; and |
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(6) if the child is subject to the Indian Child Welfare |
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Act of 1978 (25 U.S.C. Section 1901 et seq.), the designated tribal |
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service agent of the child's tribe and any other person required by |
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federal law. |
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Sec. 161.303. HEARING. (a) A reinstatement hearing under |
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this subchapter must be held not later than the 60th day after the |
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date the petition is filed. |
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(b) The petitioner has the burden of proof in the hearing, |
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and each party may call witnesses. |
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(c) The court may grant the petition and order the |
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reinstatement of the former parent's parental rights only if the |
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court finds by a preponderance of the evidence that: |
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(1) reinstatement of parental rights is in the child's |
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best interests; |
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(2) at least two years have passed since issuance of |
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the order terminating parental rights and an appeal of the order is |
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not pending; |
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(3) the child has not been adopted and is not the |
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subject of an adoption placement agreement; |
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(4) if the child is 12 years of age or older, the child |
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consents to the reinstatement and desires to reside with the |
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parent; |
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(5) the former parent has remedied the conditions that |
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were grounds for rendering the order terminating parental rights; |
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and |
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(6) the former parent is willing and has the |
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capability to perform parental duties as provided in Section |
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151.001, including maintaining the health, safety, and welfare of |
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the child. |
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(d) In determining whether to grant a petition for |
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reinstatement of parental rights under this subchapter in regard to |
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a child who is 11 years of age or younger on the date the petition is |
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filed, the court shall consider the child's age, maturity, and |
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ability to express a preference and may consider the child's |
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preference regarding the reinstatement as one factor, considered |
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along with all other relevant factors, in making the determination. |
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Sec. 161.304. ORDERS. (a) Following a hearing under this |
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subchapter, the court may render an order: |
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(1) granting the petition; |
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(2) denying the petition; or |
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(3) deferring the decision on the petition and |
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rendering a temporary order expiring after a period of six months |
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during which the department remains the managing conservator of the |
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child and the former parent is the possessory conservator. |
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(b) If the court defers granting the petition under |
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Subsection (a)(3): |
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(1) the department shall monitor the possessory |
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conservatorship of the former parent during the period of the |
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temporary order; and |
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(2) when the temporary order expires, the court shall |
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hold a hearing to determine whether to grant or deny the petition |
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for reinstatement. |
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(c) If, following a hearing under this subchapter, the court |
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renders an order for reinstatement of parental rights, the court |
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shall enter the court's findings in a written order stating that all |
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legal rights, powers, privileges, immunities, duties, and |
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obligations of the former parent regarding the child, including |
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with respect to custody, care, control, and support, are |
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reinstated. |
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(d) If, following a hearing under this subchapter, the court |
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denies a petition for reinstatement of parental rights, the court |
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shall render a written order that includes: |
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(1) the court's findings and detailing reasons for |
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denial of the petition; and |
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(2) a statement prohibiting the filing of a subsequent |
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petition in regard to the former parent's parental rights before |
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the first anniversary of the date the order of denial was issued. |
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SECTION 2. Subchapter C, Chapter 161, Family Code, is |
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amended by adding Section 161.2081 to read as follows: |
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Sec. 161.2081. NOTICE OF TERMINATION FOR CERTAIN RELATIVES. |
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Immediately after a court renders an order terminating the |
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parent-child relationship in a suit filed by the Department of |
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Family and Protective Services, the department shall notify each |
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individual described by Section 102.006(c) who has been identified |
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under Section 262.1095 that: |
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(1) the parent-child relationship has been |
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terminated; and |
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(2) the individual has 90 days after the date the order |
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is rendered to file an original suit or a suit for modification |
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requesting managing conservatorship of the child in accordance with |
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Section 102.006(c). |
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SECTION 3. Section 262.1095(a), Family Code, is amended to |
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read as follows: |
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(a) When the Department of Family and Protective Services or |
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another agency takes possession of a child under this chapter, the |
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department: |
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(1) shall provide information as prescribed by this |
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section to each adult the department is able to identify and locate |
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who is: |
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(A) related to the child within the fourth |
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[third] degree by consanguinity as determined under Chapter 573, |
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Government Code; |
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(B) an adult relative of the alleged father of |
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the child if the department has a reasonable basis to believe the |
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alleged father is the child's biological father; or |
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(C) identified as a potential relative or |
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designated caregiver, as defined by Section 264.751, on the |
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proposed child placement resources form provided under Section |
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261.307; and |
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(2) may provide information as prescribed by this |
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section to each adult the department is able to identify and locate |
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who has a long-standing and significant relationship with the |
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child. |
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SECTION 4. Section 262.114, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In making a placement decision for a child, the |
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department shall give preference to persons in the following order: |
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(1) a person related to the child by blood, marriage, |
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or adoption; |
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(2) a person with whom the child has a long-standing |
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and significant relationship; |
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(3) a foster home; and |
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(4) a general residential operation. |
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SECTION 5. This Act takes effect September 1, 2021. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2926 was passed by the House on May |
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11, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2926 was passed by the Senate on May |
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21, 2021, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |