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.