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.