74R11132 JMM-D
          By Brady                                              H.B. No. 2572
          Substitute the following for H.B. No. 2572:
          By Brady                                          C.S.H.B. No. 2572
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the foster care and placement of certain children.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subchapter D, Chapter 261, Family Code, as added
    1-5  by House Bill 655, Acts of the 74th Legislature, Regular Session,
    1-6  1995, is amended by adding Section 261.312 to read as follows:
    1-7        Sec. 261.312.  TESTING.  (a)  The department shall provide
    1-8  testing as necessary for the welfare of a child who the department
    1-9  believes, after an investigation under this chapter, has been
   1-10  sexually abused, including human immunodeficiency virus (HIV)
   1-11  testing of a child who was abused in a manner by which HIV may be
   1-12  transmitted.
   1-13        (b)  Except as provided by Subsection (c), the results of a
   1-14  test under this section are confidential.
   1-15        (c)  If requested, the department shall report the results of
   1-16  a test under this section to:
   1-17              (1)  a court having jurisdiction of a proceeding
   1-18  involving the child or a proceeding involving a person suspected of
   1-19  abusing the child;
   1-20              (2)  a person responsible for the care and custody of
   1-21  the child as a foster parent; and
   1-22              (3)  a person seeking to adopt the child.
   1-23        SECTION 2.  Subchapter B, Chapter 264, Family Code, as added
   1-24  by House Bill 655, Acts of the 74th Legislature, Regular Session,
    2-1  1995, is amended by adding Section 264.109 to read as follows:
    2-2        Sec. 264.109.  ADOPTIVE PARENT REGISTRY.  (a)  The department
    2-3  shall establish a registry of persons who are willing to accept
    2-4  foster care placement of a child in the care of the department.
    2-5  The child may be placed temporarily with a person registered under
    2-6  this section pending termination of the parent-child relationship
    2-7  with regard to the child or for any period during which the child
    2-8  is removed from the child's home.
    2-9        (b)  A person registered under this section must satisfy
   2-10  requirements adopted by rule by the department.
   2-11        (c)  The department shall maintain a list of persons
   2-12  registered under this section and shall make a reasonable effort to
   2-13  place a child with the first available qualified person on the list
   2-14  if a qualified extended family member is not available for the
   2-15  child.
   2-16        (d)  Before a child may be placed with a person under this
   2-17  section, the person must sign a written statement in which the
   2-18  person agrees to the immediate removal of the child by the
   2-19  department under circumstances determined by the department.
   2-20        (e)  A person registered under this section is not entitled
   2-21  to compensation during the time the child is placed in the person's
   2-22  home but may receive support services provided for the child by the
   2-23  department.
   2-24        (f)  A person registered under this section has the right of
   2-25  first refusal for the adoption of a child placed in the person's
   2-26  home if the parent-child relationship is terminated with regard to
   2-27  the child.
    3-1        (g)  The department may refuse to place a child with a person
    3-2  registered under this section only for a reason permitted under
    3-3  criteria adopted by department rule.
    3-4        (h)  The department shall make the public aware of the
    3-5  existence and benefits of the adoptive parent registry through
    3-6  appropriate existing department communication methods.
    3-7        SECTION 3.  Subchapter C, Chapter 264, Family Code, as added
    3-8  by House Bill 655, Acts of the 74th Legislature, Regular Session,
    3-9  1995, is amended by adding Section 264.205 to read as follows:
   3-10        Sec. 264.205.  SWIFT ADOPTION TEAMS.  (a)  The department
   3-11  shall develop swift adoption teams to expedite the process of
   3-12  placing a child under the jurisdiction of the department for
   3-13  adoption.
   3-14        (b)  A swift adoption team shall consist of department
   3-15  personnel who shall operate under policies adopted by rule by the
   3-16  department.  The department shall set priorities for the allocation
   3-17  of department resources to enable a swift adoption team to operate
   3-18  successfully under the policies adopted under this subsection.
   3-19        (c)  The department shall, using a system of measurement
   3-20  developed by the department, report to the legislature on the
   3-21  success of swift adoption teams in expediting the administrative
   3-22  procedures and the length of time in placing children for adoption.
   3-23  The report shall include recommendations by the department
   3-24  concerning legislation that would enable the department to further
   3-25  improve adoption placements.  The department shall report under
   3-26  this section on or before December 1 of each even-numbered year.
   3-27        SECTION 4.  This Act takes effect September 1, 1995.
    4-1        SECTION 5.  The change in law made by Section 261.312, Family
    4-2  Code, as added by this Act, applies only to a child who is the
    4-3  subject of an allegation of abuse that is made on or after the
    4-4  effective date of this Act.
    4-5        SECTION 6.  The importance of this legislation and the
    4-6  crowded condition of the calendars in both houses create an
    4-7  emergency and an imperative public necessity that the
    4-8  constitutional rule requiring bills to be read on three several
    4-9  days in each house be suspended, and this rule is hereby suspended.