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.