89R3641 RAL-D

By: Gervin-Hawkins H.B. No. 1460

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a task force to locate relatives and certain individuals and 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. Subchapter B, Chapter 262, Family Code, is amended by adding Section 262.1091 to read as follows:

Sec. 262.1091. TASK FORCE TO IDENTIFY AND LOCATE RELATIVES AND CERTAIN INDIVIDUALS. (a) In this section:

(1) "Department" means the Department of Family and Protective Services.

(2) "Task force" means the task force created under this section.

(b) The department shall establish a task force for the purpose of identifying and locating:

(1) relatives of each child who the department or another governmental entity takes possession of under this chapter; and

(2) any individual who has a long-standing and significant relationship with a child described by Subdivision (1).

(c) The task force is composed of 15 members as follows:

(1) one member from the Department of Public Safety, appointed by the director of the Department of Public Safety;

(2) one member of the criminal investigations division of the office of the attorney general, appointed by the attorney general;

(3) one member from the municipal police department of each of the six most populous municipalities in this state, appointed by the police chief of the municipal police department; and

(4) seven members appointed by the commissioner of the department who must be:

(A) active, non-active, or retired police detectives who have been employed as a detective for at least 10 years and have experience working with special victims; or

(B) private investigators who:

(i) are licensed in this state;

(ii) are in good standing with the licensing entity;

(iii) have at least 10 years of investigative experience; and

(iv) have experience working with special victims.

(d) Each appointing authority may confer with the office of the governor when considering candidates for the task force.

(e) The task force shall:

(1) begin locating and identifying each individual described by Section 262.1095(a) not later than 24 hours after the department or another governmental entity takes possession of a child under this chapter;

(2) use due diligence to identify and locate all individuals described by Section 262.1095(a) not later than 72 hours after the department files a suit affecting the parent-child relationship;

(3) in order to identify and locate the individuals described by Section 262.1095(a), seek information from:

(A) each parent, relative, and alleged father of the child; and

(B) the child in an age-appropriate manner; and

(4) immediately notify the department when an individual described by Section 262.1095(a) is identified and located.

(f) The failure of a parent or alleged father of the child to complete the proposed child placement resources form does not relieve the task force of its duty to seek information from each person described by Subsection (e)(3) to identify individuals described by Section 262.1095(a).

(g) The commissioner of the department and the internal audit division of the department shall supervise and provide administrative support to the task force.

SECTION 2. Section 262.1095, Family Code, is amended by adding Subsection (f) to read as follows:

(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 3. Subchapter B, Chapter 262, Family Code, is amended by adding Section 262.117 to read as follows:

Sec. 262.117. REPORTING INFORMATION ON RELATIVE PLACEMENTS. Not later than February 1 of each year, the department shall report to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature the following information with respect to cases in which the department was named managing conservator of a child during the preceding fiscal year:

(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 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.

SECTION 4. Sections 262.1095(d) and (e), Family Code, are repealed.

SECTION 5. This Act takes effect September 1, 2025.