By Brady                                              H.B. No. 2572
       74R7708 JMM-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the foster care of certain children and the termination
    1-3  of the parent-child relationship.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 15, Family Code, is amended by adding
    1-6  Section 15.026 to read as follows:
    1-7        Sec. 15.026.  INVOLUNTARY TERMINATION:  BEHAVIOR OF PARENT
    1-8  FOLLOWING PLACEMENT OF CHILD.  A petition by the Department of
    1-9  Protective and Regulatory Services requesting termination of the
   1-10  parent-child relationship with respect to a parent who is not the
   1-11  petitioner may be granted if the court finds that:
   1-12              (1)  the department has been the permanent managing
   1-13  conservator of the child for at least 12 months preceding the
   1-14  filing of the petition;
   1-15              (2)  the child has been placed by the department in
   1-16  foster home care, group home care, or institutional care;
   1-17              (3)  after the child was placed by the department in
   1-18  foster home care, group home care, or institutional care, the
   1-19  parent:
   1-20                    (A)  failed to:
   1-21                          (i)  maintain contact with the child, other
   1-22  than incidental contact; or
   1-23                          (ii)  provide for or substantially plan for
   1-24  the future of the child; or
    2-1                    (B)  neglected, abused, or failed to care for
    2-2  another child of the parent; and
    2-3              (4)  the termination is in the best interest of the
    2-4  child.
    2-5        SECTION 2.  Chapter 18, Family Code, is amended by adding
    2-6  Section 18.17 to read as follows:
    2-7        Sec. 18.17.  FOSTER PARENT REGISTRY.  (a)  The department
    2-8  shall establish a registry of persons who are willing to accept a
    2-9  foster care placement of a child in the care of the department.
   2-10  The child may be placed with a person registered under this section
   2-11  on a temporary basis pending termination of the parent-child
   2-12  relationship with regard to the child or for any period during
   2-13  which the child is removed from the child's home.
   2-14        (b)  A person registered under this section must satisfy
   2-15  requirements adopted by the department.
   2-16        (c)  A person registered under this section is not entitled
   2-17  to compensation during the time the child is placed in the person's
   2-18  home.
   2-19        (d)  A person registered under this section may have the
   2-20  right of first refusal for the adoption of a child placed in the
   2-21  person's home after the parent-child relationship is terminated
   2-22  with regard to the child.
   2-23        SECTION 3.  Subchapter A, Chapter 34, Family Code, is amended
   2-24  by adding Section 34.09 to read as follows:
   2-25        Sec. 34.09.  HIV TESTING.  (a)  The Department of Protective
   2-26  and Regulatory Services may provide for human immunodeficiency
   2-27  virus (HIV) testing of a child who the department believes, after
    3-1  an investigation under this chapter, has been sexually abused.
    3-2        (b)  Except as provided by Subsection (c), the results of a
    3-3  test under this section are confidential.
    3-4        (c)  The department shall report the results of a test under
    3-5  this section to:
    3-6              (1)  a court having jurisdiction of a proceeding
    3-7  involving the child;
    3-8              (2)  a person responsible for the care and custody of
    3-9  the child as a foster parent;
   3-10              (3)  a person seeking to adopt the child;  and
   3-11              (4)  any other person for whom the department
   3-12  determines notice is in the best interest of the child.
   3-13        SECTION 4.  This Act takes effect September 1, 1995.
   3-14        SECTION 5.  (a) The change in law made by Section 15.026,
   3-15  Family Code, as added by this Act, applies to a petition by the
   3-16  Department of Protective and Regulatory Services requesting
   3-17  termination of the parent-child relationship if the department has
   3-18  been the permanent managing conservator of the child for at least
   3-19  12 months preceding the filing of the petition, regardless of
   3-20  whether the department was appointed conservator before or is
   3-21  appointed conservator on or after the effective date of this Act.
   3-22        (b)  The change in law made by Section 34.09, Family Code, as
   3-23  added by this Act, applies only to a child of whom an allegation of
   3-24  abuse is made on or after the effective date of this Act.
   3-25        SECTION 6.  The importance of this legislation and the
   3-26  crowded condition of the calendars in both houses create an
   3-27  emergency and an imperative public necessity that the
    4-1  constitutional rule requiring bills to be read on three several
    4-2  days in each house be suspended, and this rule is hereby suspended.