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.