88S30037 MLH-D

By: Gervin-Hawkins H.B. No. 47

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.

SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.