BILL ANALYSIS



C.S.H.B. 2572
By: Brady
05-05-95
Committee Report (Substituted)


BACKGROUND

When child abuse or neglect is confirmed and the Department of
Protective and Regulatory Services has to terminate parental
rights, the most beneficial way to minimize long term trauma to the
child is to quickly stabilize the child in a new home environment. 
Currently, the average time spent by a child in foster care is 18
months with an average of 4 to 6 moves during that time.  There are
currently over 11,000 children in foster care in Texas.  This
number has more than doubled during the last decade.

PURPOSE

C.S.H.B. 2572 provides for the swift placement of an abused child
in a loving family environment, and attempts to expand the number
of families willing to adopt abused children.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 261D, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995 by
adding Section 261.312 as follows:

     Section 261.312.  TESTING.  Requires DPRS to provide HIV
testing to a child who is     the subject of a department
investigation for sexual abuse.  Requires test results to remain      confidential, unless requested by the court that has
jurisdiction over any proceeding
     involving the child, foster parents, or persons seeking to
adopt the child.

SECTION 2.  Amends Chapter 264B, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by
adding Section 264.109 as follows:

     Section 264.109.  ADOPTIVE PARENT REGISTRY.  Requires DPRS to
establish a    foster care registry of persons willing to accept a
child from DPRS on a temporary basis    pending termination
proceedings.  Allows DPRS to adopt requirements necessary for a  person to be placed on the registry.  Requires DPRS to
maintain a list under this section      and to place a child with
the first available qualified person if an extended family member     is not available to take the child.  Requires potential foster
parents to agree in writing to     the immediate removal of the
child under certain circumstances determined by the    Department. 
Provides that participants in the registry are not entitled to
compensation but    may receive support services provided by the
Department.  Grants a registered foster      parent the right of
first refusal for the adoption of a foster child if termination
occurs.
     Allows Department to refuse to place a child with a person
registered under this section      for specific reasons to be
adopted by department rule.  Requires the Department to     generate a public awareness program from existing Department
communications resources.

SECTION 3.  Amends Chapter 264C, Family Code, as added by House
Bill 655, Acts of the 74th Legislature, Regular Session, 1995, by
adding Section 264.205 as follows:

     Section 264.205.  SWIFT ADOPTION TEAMS.  Establishes swift
adoption teams made      up of Department personnel within the
Department to expedite the adoption process under 
     policies adopted by rule by the department.  Requires the
Department to report to the   Legislature on the success of
adoption teams including recommendations for future    legislation.
     Requires a report under this section by December 1st of each
even       numbered year.

SECTION 4.  Effective Date:  September 1, 1995.

SECTION 5.  Makes application of Section 261.312 as added by this
Act prospective.

SECTION 6.  Emergency Clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2572 reflects the recodification of Title II, Family Code,
as enacted by House Bill 655, Acts of the 74th Legislature, Regular
Session, 1995.

The original bill contained a section (SECTION 1) regarding the
involuntary termination of the parent-child relationship which is
deleted in the committee substitute.

The original bill allowed the Department to conduct HIV tests on
children the Department was investigating and established who the
Department was required to allow access to such information.  The
substitute clarifies that the Department must test only children
the Department believed were assaulted in a manner which may have
transmitted HIV and AIDS, and deletes SECTION 4 from the original.

The substitute clarifies that before a child may be placed with a
parent on the adoptive parent registry that the Department must
first exhaust the options of placement with suitable extended
family members; sets guidelines for refusal to place a child with
a parent on the list and calls for the Department to promote the
registry using existing Department communications methods.

The substitute adds a new SECTION 3, establishing swift adoption
teams within the           Department in order to expedite the
adoption process.

SUMMARY OF COMMITTEE ACTION

H.B. 2572 was considered in a public hearing on April 12, 1995.

The following persons testified in favor of H.B. 2570:
     Norma Willcockson, representing herself;
     Richard G. Eigell, representing himself;
     Patti Derr, representing herself;
     Janice Sager, representing herself;
     Sandra Martin, representing herself.

The following persons testified neutrally on the bill:
     Pat Devin, representing Tx. Department of Protective and
Regulatory Services;
     Cynthila Alexander, representing the Comptroller of Public
Accounts.

The bill was left pending in committee.

In a public hearing on May 3, 1995, the committee considered a
complete substitute for H.B. 2572 which was adopted without
objection.  The committee reported H.B. 2572 favorably as
substituted with the recommendation that it do pass and be printed
by a record vote of 8 ayes, 0 nays, 0 pnv, 1 absent.