Enrolled Bill Summary

House Bill 730	House Author:  Frank et al.
Effective:  9-1-23	Senate Sponsor:  Hughes et al.

            House Bill 730 amends the Family Code to revise certain laws applicable to investigations by the Department of Family and Protective Services (DFPS) and suits filed by DFPS.

House Bill 730 establishes restrictions on DFPS's ability to reopen a closed investigation or change a finding in the investigation to find abuse or neglect occurred and requires DFPS to notify certain interested parties of edits or corrections made to a written investigation report.

House Bill 730 revises the standard for issuing a court order requiring the release of certain records, the examination of a child, or admission to a home, school, or other place to locate a child in connection with a DFPS investigation and requires the court, if such an order is issued, to make specific findings supporting issuance of the order. The bill limits the circumstances under which a hearing for such an order may be ex parte and requires the court to provide a copy of the order to a party to the suit on request.

House Bill 730 expands the list of information relating to investigation procedures and child placement resources that DFPS is required to provide in a written summary to a parent or other person under investigation and also requires DFPS to verbally notify that person of certain rights. The bill requires the written summary and verbal notification to be provided on first contact with the person and makes any information obtained from the person inadmissible for use against the person in a civil proceeding if the summary and verbal notification are not provided.

House Bill 730 requires a court that holds an ex parte hearing in a child protection suit to prepare and keep a record of the hearing and to provide a copy of the record to a party to the suit on request. The bill requires DFPS to provide notice of an ex parte hearing involving a parent who is represented by an attorney.

House Bill 730 prohibits the court, in a suit for a temporary order to require a parent, managing conservator, guardian, or other member of a child's household to participate in certain child and family services, from issuing an order that places the child outside of the child's home or in DFPS conservatorship.

            House Bill 730 also revises provisions governing parental safety placement agreements. The bill requires DFPS to notify parties to the agreement of the right to consult with an attorney and establishes limits on the duration of such an agreement, the number of times the agreement may be renewed, and the total amount of time a child may be placed outside of their home without either a court order or the agreement of the child's parent and the parent's attorney. The bill requires a placement agreement to include specified language regarding those limits and the voluntary nature of the agreement and requires DFPS to report certain data relating to parental child safety placements.