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.