By:  Harris                                           S.B. No. 1846

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the Department of Protective and Regulatory Services,

 1-2     the protection of children from abuse and neglect, and the

 1-3     conservatorship of children.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 32.005(b), Family Code, is amended to

 1-6     read as follows:

 1-7           (b)  An examination under this section may include X-rays,

 1-8     blood tests, photographs, and penetration of tissue necessary to

 1-9     accomplish those tests.

1-10           SECTION 2.  Section 102.003, Family Code, is amended to read

1-11     as follows:

1-12           Sec. 102.003.  GENERAL STANDING TO FILE SUIT. An original

1-13     suit may be filed at any time by:

1-14                 (1)  a parent of the child;

1-15                 (2)  the child through a representative authorized by

1-16     the court;

1-17                 (3)  a custodian or person having the right of

1-18     visitation with or access to the child appointed by an order of a

1-19     court of another state or country;

1-20                 (4)  a guardian of the person or of the estate of the

1-21     child;

 2-1                 (5)  a governmental entity;

 2-2                 (6)  an authorized agency;

 2-3                 (7)  a licensed child placing agency;

 2-4                 (8)  a man alleging himself to be the biological father

 2-5     of a child filing in accordance with Chapter 160, subject to the

 2-6     limitations of Section 160.101, but not otherwise;

 2-7                 (9)  a person who has had actual care, control, and

 2-8     possession of the child for not less than six months preceding the

 2-9     filing of the petition;

2-10                 (10)  a person designated as the managing conservator

2-11     in a revoked or unrevoked affidavit of relinquishment under Chapter

2-12     161 or to whom consent to adoption has been given in writing under

2-13     Chapter 162; [or]

2-14                 (11)  a person with whom the child and the child's

2-15     guardian, managing conservator, or parent have resided for not less

2-16     than six months preceding the filing of the petition if the child's

2-17     guardian, managing conservator, or parent is deceased at the time

2-18     of the filing of the petition; or

2-19                 (12)  a person who is the foster parent of a child

2-20     placed by the Department of Protective and Regulatory Services in

2-21     the person's home for a period of not less than 18 months preceding

2-22     the date of the filing of the petition.

2-23           SECTION 3.  Section 107.016, Family Code, is amended to read

2-24     as follows:

2-25           Sec. 107.016.  CONTINUED REPRESENTATION.   In a suit brought

 3-1     by a governmental entity seeking termination of the parent-child

 3-2     relationship or appointment of the entity as conservator of the

 3-3     child, an order appointing the Department of Protective and

 3-4     Regulatory Services as the child's managing conservator may provide

 3-5     for the continuation of the attorney ad litem appointment for the

 3-6     child for any period set by the court.

 3-7           SECTION 4.  Section 152.003(e), Family Code, is amended to

 3-8     read as follows:

 3-9           (e)  A court that has jurisdiction of a suit under Subsection

3-10     (a)(3) for which a court in another state may exercise jurisdiction

3-11     under prerequisites substantially in accordance with Subsection

3-12     (a)(1) or (2) may enter only a temporary order to protect the

3-13     child.  The suit shall be dismissed in this state on the date a

3-14     court of competent jurisdiction in another state signs an order in

3-15     the suit or on the 91st day after the date the court in this state

3-16     exercised its jurisdiction, whichever date occurs first.  This

3-17     subsection does not apply to an order rendered in a suit brought

3-18     under Chapter 262.

3-19           SECTION 5.  Section 155.004(a), Family Code, is amended to

3-20     read as follows:

3-21           (a)  A court of this state loses its continuing, exclusive

3-22     jurisdiction to modify its order if:

3-23                 (1)  an order of adoption is rendered after the court

3-24     acquires continuing, exclusive jurisdiction of the suit;

3-25                 (2)  the parents of the child have remarried each other

 4-1     after the dissolution of a previous marriage between them and file

 4-2     a suit for the dissolution of their subsequent marriage combined

 4-3     with a suit affecting the parent-child relationship as if there had

 4-4     not been a prior court with continuing, exclusive jurisdiction over

 4-5     the child; or

 4-6                 (3)  another court assumed jurisdiction over a suit and

 4-7     rendered a final order based on incorrect information received from

 4-8     the bureau of vital statistics [Department of Protective and

 4-9     Regulatory Services] that there was no court of continuing,

4-10     exclusive jurisdiction.

4-11           SECTION 6.  Section 161.001, Family Code, is amended to read

4-12     as follows:

4-13           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

4-14     RELATIONSHIP.  The court may order termination of the parent-child

4-15     relationship if the court finds by clear and convincing evidence:

4-16                 (1)  that the parent has:

4-17                       (A)  voluntarily left the child alone or in the

4-18     possession of another not the parent and expressed an intent not to

4-19     return;

4-20                       (B)  voluntarily left the child alone or in the

4-21     possession of another not the parent without expressing an intent

4-22     to return, without providing for the adequate support of the child,

4-23     and remained away for a period of at least three months;

4-24                       (C)  voluntarily left the child alone or in the

4-25     possession of another without providing adequate support of the

 5-1     child and remained away for a period of at least six months;

 5-2                       (D)  knowingly placed or knowingly allowed the

 5-3     child to remain in conditions or surroundings which endanger the

 5-4     physical or emotional well-being of the child;

 5-5                       (E)  engaged in conduct or knowingly placed the

 5-6     child with persons who engaged in conduct which endangers the

 5-7     physical or emotional well-being of the child;

 5-8                       (F)  failed to support the child in accordance

 5-9     with his ability during a period of one year ending within six

5-10     months of the date of the filing of the petition;

5-11                       (G)  abandoned the child without identifying the

5-12     child or furnishing means of identification, and the child's

5-13     identity cannot be ascertained by the exercise of reasonable

5-14     diligence;

5-15                       (H)  voluntarily, and with knowledge of the

5-16     pregnancy, abandoned the mother of the child beginning at a time

5-17     during her pregnancy with the child and continuing through the

5-18     birth, failed to provide adequate support or medical care for the

5-19     mother during the period of abandonment before the birth of the

5-20     child, and remained apart from the child or failed to support the

5-21     child since the birth;

5-22                       (I)  contumaciously refused to submit to a

5-23     reasonable and lawful order of a court under Chapter 264;

5-24                       (J)  been the major cause of:

5-25                             (i)  the failure of the child to be

 6-1     enrolled in school as required by the Education Code; or

 6-2                             (ii)  the child's absence from the child's

 6-3     home without the consent of the parents or guardian for a

 6-4     substantial length of time or without the intent to return;

 6-5                       (K)  executed before or after the suit is filed

 6-6     an unrevoked or irrevocable affidavit of relinquishment of parental

 6-7     rights as provided by this chapter;

 6-8                       (L)  been adjudicated to be criminally

 6-9     responsible for the death or serious injury of a child including an

6-10     offense that involves:

6-11                             (i)  physical injury that results in

6-12     substantial harm to the child;

6-13                             (ii)  sexual conduct harmful to a child's

6-14     mental, emotional, or physical welfare;

6-15                             (iii)  mental or emotional injury to a

6-16     child that results in an observable and material impairment in the

6-17     child's growth, development, or psychological functioning; and

6-18                             (iv)  abandonment of the child in a

6-19     situation in which the child was exposed to substantial physical or

6-20     mental harm;

6-21                       (M)  had his or her parent-child relationship

6-22     terminated with respect to another child based on a finding that

6-23     the parent's conduct was in violation of Paragraph (D) or (E) or

6-24     substantially equivalent provisions of the law of another state;

6-25     [or]

 7-1                       (N)  constructively abandoned the child who has

 7-2     been in the permanent or temporary managing conservatorship of the

 7-3     Department of Protective and Regulatory Services or an authorized

 7-4     agency for not less than six months [one year], and:

 7-5                             (i)  the department or authorized agency

 7-6     has made reasonable efforts to return the child to the parent;

 7-7                             (ii)  the parent has not regularly visited

 7-8     or maintained significant contact with the child; and

 7-9                             (iii)  the parent has demonstrated an

7-10     inability to provide the child with a safe environment;

7-11                       (O)  knowingly engaged in criminal conduct that

7-12     results in the parent's imprisonment and inability to care for the

7-13     child for not less than two years from the date of filing the

7-14     petition; or

7-15                       (P)  used a controlled substance, as defined by

7-16     Chapter 481, Health and Safety Code, in a manner or to an extent

7-17     that endangered the health or safety of the child, and failed to

7-18     complete a court-ordered substance abuse treatment program; and

7-19                 (2)  that termination is in the best interest of the

7-20     child.

7-21           SECTION 7.  Section 261.001(1), Family Code, is amended to

7-22     read as follows:

7-23                 (1)  "Abuse" includes the following acts or omissions

7-24     by a person:

7-25                       (A)  mental or emotional injury to a child that

 8-1     results in an observable and material impairment in the child's

 8-2     growth, development, or psychological functioning;

 8-3                       (B)  causing or permitting the child to be in a

 8-4     situation in which the child sustains a mental or emotional injury

 8-5     that results in an observable and material impairment in the

 8-6     child's growth, development, or psychological functioning;

 8-7                       (C)  physical injury that results in substantial

 8-8     harm to the child, or the genuine threat of substantial harm from

 8-9     physical injury to the child, including an injury that is at

8-10     variance with the history or explanation given and excluding an

8-11     accident or reasonable discipline by a parent, guardian, or

8-12     managing or possessory conservator that does not expose the child

8-13     to a substantial risk of harm;

8-14                       (D)  failure to make a reasonable effort to

8-15     prevent an action by another person that results in physical injury

8-16     that results in substantial harm to the child;

8-17                       (E)  sexual conduct harmful to a child's mental,

8-18     emotional, or physical welfare;

8-19                       (F)  failure to make a reasonable effort to

8-20     prevent sexual conduct harmful to a child;

8-21                       (G)  compelling or encouraging the child to

8-22     engage in sexual conduct as defined by Section 43.01, Penal Code;

8-23     [or]

8-24                       (H)  causing, permitting, encouraging, engaging

8-25     in, or allowing the photographing, filming, or depicting of the

 9-1     child if the person knew or should have known that the resulting

 9-2     photograph, film, or depiction of the child is obscene as defined

 9-3     by Section 43.21, Penal Code, or pornographic;

 9-4                       (I)  the current use by a person of a controlled

 9-5     substance as defined by Chapter 481, Health and Safety Code, in a

 9-6     manner or to the extent that the use results in physical, mental,

 9-7     or emotional injury to a child; or

 9-8                       (J)  causing, expressly permitting, or

 9-9     encouraging a child to use a controlled substance as defined by

9-10     Chapter 481, Health and Safety Code.

9-11           SECTION 8.  Section 261.101(d), Family Code, is amended to

9-12     read as follows:

9-13           (d)  The identity of an individual making a report under this

9-14     chapter is confidential and may be disclosed only on the order of a

9-15     court rendered under Section 261.201 or to a law enforcement

9-16     officer for the purposes of conducting a criminal investigation of

9-17     the report.

9-18           SECTION 9.  Section 261.201, Family Code, is amended by

9-19     amending Subsections (c), (d), (e), and (f) and by adding

9-20     Subsection (g) to read as follows:

9-21           (c)  In addition to Subsection (b), a court, on its own

9-22     motion, may order disclosure of information that is confidential

9-23     under this section if:

9-24                 (1)  the order is rendered at a hearing for which all

9-25     parties have been given notice;

 10-1                (2)  the court finds that disclosure of the information

 10-2    is:

 10-3                      (A)  essential to the administration of justice;

 10-4    and

 10-5                      (B)  not likely to endanger the life or safety

 10-6    of:

 10-7                            (i)  a child who is the subject of the

 10-8    report of alleged or suspected abuse or neglect;

 10-9                            (ii)  a person who makes a report of

10-10    alleged or suspected abuse or neglect; or

10-11                            (iii)  any other person who participates in

10-12    an investigation of reported abuse or neglect; and

10-13                (3)  the order is reduced to writing or made on the

10-14    record in open court.

10-15          (d)  The adoptive parents of a child who was the subject of

10-16    an investigation and an adult who was the subject of an

10-17    investigation as a child are entitled to examine and make copies of

10-18    any report, record, working paper, or other information in the

10-19    possession, custody, or control of the state that pertains to the

10-20    history of the child.  The department may edit the documents to

10-21    protect the identity of the biological parents and any other person

10-22    whose identity is confidential.

10-23          (e) [(d)]  Before placing a child who was the subject of an

10-24    investigation, the department shall notify the prospective adoptive

10-25    parents of their right to examine any report, record, working

 11-1    paper, or other information in the possession, custody, or control

 11-2    of the state that pertains to the history of the child.

 11-3          (f) [(e)]  The department shall provide prospective adoptive

 11-4    parents an opportunity to examine information under this section as

 11-5    early as practicable before placing a child.

 11-6          (g) [(f)]  Notwithstanding Subsection (b), the department, on

 11-7    request and subject to department rule, shall provide to the

 11-8    parent, managing conservator, or other legal representative of a

 11-9    child who is the subject of reported abuse or neglect information

11-10    concerning the reported abuse or neglect that would otherwise be

11-11    confidential under this section if the department has edited the

11-12    information to protect the confidentiality of the identity of the

11-13    person who made the report and any other person whose life or

11-14    safety may be endangered by the disclosure.

11-15          SECTION 10.  Section 261.302(b), Family Code, is amended to

11-16    read as follows:

11-17          (b)  The interview with and examination of the child may:

11-18                (1)  be conducted at any reasonable time and place,

11-19    including the child's home or the child's school;  [and]

11-20                (2)  include the presence of persons the department or

11-21    designated agency determines are necessary; and

11-22                (3)  include transporting the child for purposes

11-23    relating to the interview or investigation.

11-24          SECTION 11.  Sections 261.305(a)-(d), Family Code, are

11-25    amended to read as follows:

 12-1          (a)  An investigation may include an inquiry into the

 12-2    possibility that the child, a parent, or a person responsible for

 12-3    the care of the child has a history of medical or mental illness.

 12-4          (b)  If the parent or person responsible for the care of the

 12-5    child does not allow the department or designated agency to have

 12-6    access to medical or mental health records requested by the

 12-7    department or agency, the court having family law jurisdiction, for

 12-8    good cause shown, shall order that the department or agency be

 12-9    permitted to have access to the records under terms and conditions

12-10    prescribed by the court.

12-11          (c)  If the court determines that the parent or person

12-12    responsible for the care of the child is indigent, the court shall

12-13    appoint an attorney to represent the parent or person responsible

12-14    for the child at the hearing to obtain medical or mental health

12-15    records.  The fees for the appointed attorney shall be paid by the

12-16    department or designated agency.

12-17          (d)  A parent or person responsible for the child's care is

12-18    entitled to notice and a hearing when the department or designated

12-19    agency seeks a court order to allow a medical, psychological, or

12-20    psychiatric examination or access to medical or mental health

12-21    records.

12-22          SECTION 12.  Section 261.312(c), Family Code, is amended to

12-23    read as follows:

12-24          (c)  A review team conducting a review of an investigation

12-25    may conduct the review by examining the facts of the case as

 13-1    outlined by the department caseworker and law enforcement

 13-2    personnel.  A review team member acting in the member's official

 13-3    capacity may receive information made confidential under Section

 13-4    40.005, Human Resources Code, or Section 261.201.  [In providing

 13-5    information to a review team, the department may not disclose the

 13-6    identity of a person who reports abuse or neglect or of another

 13-7    individual involved in the investigation.  Information regarding

 13-8    the identity of a person who reports abuse or neglect and of any

 13-9    other individual involved in the investigation of a report is

13-10    confidential.]

13-11          SECTION 13.  Subchapter D, Chapter 261, Family Code, is

13-12    amended by adding Section 261.315 to read as follows:

13-13          Sec. 261.315.  EXEMPTION FROM FEES FOR MEDICAL RECORDS. The

13-14    department is exempt from the payment of a fee otherwise required

13-15    or authorized by law to obtain a medical record from a hospital or

13-16    health care provider if the request for a record is made in the

13-17    course of an investigation by the department.

13-18          SECTION 14.  Sections 261.406(a) and (b), Family Code, are

13-19    amended to read as follows:

13-20          (a)  On receipt of a report of alleged or suspected abuse or

13-21    neglect of a child in a public or private school under the

13-22    jurisdiction of the Texas [Central] Education Agency, the

13-23    department shall perform an investigation as provided by this

13-24    chapter.

13-25          (b)  The department shall send a written report of the

 14-1    department's investigation to the Texas [Central] Education Agency,

 14-2    the agency responsible for teacher certification, [and] the local

 14-3    school board or local governing body, and the school principal,

 14-4    unless the principal is alleged to have committed the abuse or

 14-5    neglect, for appropriate action.  On request, the department shall

 14-6    provide a copy of the report of investigation to the parent,

 14-7    managing conservator, or legal guardian of a child who is the

 14-8    subject of the investigation and to the person alleged to have

 14-9    committed the abuse or neglect [report].  The report of

14-10    investigation shall be edited to protect the identity of the

14-11    persons who made [prepared] the report of abuse or neglect or

14-12    provided information for the report of abuse or neglect.  Section

14-13    261.201(b) applies to the release of confidential information

14-14    relating to the investigation of a report of abuse or neglect under

14-15    this section and to the identity of the person who made the report

14-16    of abuse or neglect.

14-17          SECTION 15.  Section 262.1015, Family Code, is amended by

14-18    amending Subsections (c), (d), (f), and (g) and by adding

14-19    Subsection (h) to read as follows:

14-20          (c)  [The notice requirements under Section 262.109 apply to

14-21    a proceeding under this section.]  The order shall be served on the

14-22    alleged perpetrator and on the parent or other adult with whom the

14-23    child will continue to reside.

14-24          (d)  A temporary restraining order under this section expires

14-25    not later than the 14th [10th] day after the date the order was

 15-1    rendered.  [The requirements of an adversary hearing for the

 15-2    removal of a child from the child's home under Subchapter C  apply

 15-3    to the removal of an alleged perpetrator under this section.]

 15-4          (f)  The court shall order the removal of an alleged

 15-5    perpetrator if the court finds that the child is not in danger of

 15-6    abuse from a parent or other adult with whom the child will

 15-7    continue to reside in the child's residence and that:

 15-8                (1)  the presence of the alleged perpetrator in the

 15-9    child's residence constitutes a continuing danger to the physical

15-10    health or safety of the child; or

15-11                (2)  the child has been the victim of sexual abuse and

15-12    there is a substantial risk that the child will be the victim of

15-13    sexual abuse in the future if the alleged perpetrator remains in

15-14    the residence.

15-15          (g)  A person commits an offense if the person is a parent or

15-16    other person with whom a child resides, the person is served with

15-17    an order containing the requirement specified by Subsection (e),

15-18    and the person fails to make a reasonable effort to monitor the

15-19    residence of the child or to report to the department and the

15-20    appropriate law enforcement agency an attempt by the alleged

15-21    perpetrator to return to the residence.  An offense under this

15-22    section is a Class A misdemeanor.

15-23          (h) [(g)]  A person commits an offense if, in violation of a

15-24    court order under this section, the person returns to the residence

15-25    of the child the person is alleged to have abused.  An offense

 16-1    under this subsection is a Class A misdemeanor, except that the

 16-2    offense is a felony of the third degree if the person has

 16-3    previously been convicted under this subsection.

 16-4          SECTION 16.  Section 262.104, Family Code, is amended to read

 16-5    as follows:

 16-6          Sec. 262.104.  TAKING POSSESSION OF A CHILD IN EMERGENCY

 16-7    WITHOUT A COURT ORDER.  If there is no time to obtain a temporary

 16-8    restraining order or attachment before taking possession of a child

 16-9    consistent with the health and safety of that child, an authorized

16-10    representative of the Department of Protective and Regulatory

16-11    Services, a law enforcement officer, or a juvenile probation

16-12    officer may take possession of a child without a court order under

16-13    the following conditions, only:

16-14                (1)  on personal knowledge of facts that would lead a

16-15    person of ordinary prudence and caution to believe that there is an

16-16    immediate danger to the physical health or safety of the child;

16-17                (2)  on information furnished by another that has been

16-18    corroborated by personal knowledge of facts and all of which taken

16-19    together would lead a person of ordinary prudence and caution to

16-20    believe that there is an immediate danger to the physical health or

16-21    safety of the child;

16-22                (3)  on personal knowledge of facts that would lead a

16-23    person of ordinary prudence and caution to believe that the child

16-24    has been the victim of sexual abuse; [or]

16-25                (4)  on information furnished by another that has been

 17-1    corroborated by personal knowledge of facts and all of which taken

 17-2    together would lead a person of ordinary prudence and caution to

 17-3    believe that the child has been the victim of sexual abuse; or

 17-4                (5)  on information furnished by another that has been

 17-5    corroborated by personal knowledge of facts and all of which taken

 17-6    together would lead a person of ordinary prudence and caution to

 17-7    believe that the parent or person who has possession of the child

 17-8    is currently using a controlled substance as defined by Chapter

 17-9    481, Health and Safety Code, and the use constitutes an immediate

17-10    danger to the physical health of safety of the child.

17-11          SECTION 17.  Section 262.201, Family Code, is amended by

17-12    amending Subsection (c) and adding Subsection (e) to read as

17-13    follows:

17-14          (c)  If the court finds sufficient evidence to satisfy a

17-15    person of ordinary prudence and caution that there is a continuing

17-16    danger to the physical health or safety of the child and for the

17-17    child to remain in the home is contrary to the welfare of the

17-18    child, the court shall:

17-19                (1)  issue an appropriate temporary order under Chapter

17-20    105; and

17-21                (2)  inform each parent of the child in open court that

17-22    parental and custodial rights and duties may be subject to

17-23    restriction or termination unless that parent is willing and able

17-24    to provide the child with a safe environment.

17-25          (e)  When citation has been made by publication for a parent

 18-1    because the location of the parent is unknown, the court may render

 18-2    a temporary order without delay at any time after the date of the

 18-3    publication of citation.

 18-4          SECTION 18.  Section 262.203, Family Code, is amended to read

 18-5    as follows:

 18-6          Sec. 262.203.  TRANSFER OF SUIT.  (a)  On the motion of a

 18-7    party or the court's own motion, if applicable, the court that

 18-8    rendered the temporary order shall transfer the suit in accordance

 18-9    with procedures provided by Chapter 155:

18-10                (1)  to the court of continuing, exclusive

18-11    jurisdiction, if any; or

18-12                (2)  if there is no court of continuing jurisdiction,

18-13    to the court having venue of the suit affecting the parent-child

18-14    relationship under Chapter 103.

18-15          (b)  Notwithstanding Section 155.204, a motion to transfer

18-16    under this section is timely if made at any time after the date a

18-17    suit was filed under this chapter.

18-18          SECTION 19.  Section 264.004, Family Code, is amended by

18-19    adding Subsection (c) to read as follows:

18-20          (c)  The department may use state and federal funds to

18-21    provide benefits or services to children and families who are

18-22    otherwise eligible for the benefits or services, including foster

18-23    care, adoption assistance, medical assistance, family reunification

18-24    services, and other child protective services and related benefits

18-25    without regard to the immigration status of the child or the

 19-1    child's family.

 19-2          SECTION 20.  Section 264.005, Family Code, is amended by

 19-3    adding Subsections (f) and (g) to read as follows:

 19-4          (f)  A county child protective services board member may

 19-5    receive information that is confidential under Section 40.005,

 19-6    Human Resources Code, or Section 261.201 when the board member is

 19-7    acting in the member's official capacity.

 19-8          (g)  A child welfare board may conduct a closed meeting under

 19-9    Section 551.101, Government Code, to discuss, consider, or act on a

19-10    matter that is confidential under Section 40.005, Human Resources

19-11    Code, or Section 261.201.

19-12          SECTION 21.  Section 264.006, Family Code, is amended to read

19-13    as follows:

19-14          Sec. 264.006.  COUNTY FUNDS.  The commissioners court of a

19-15    county may appropriate funds from its general fund or any other

19-16    fund for the administration of its county child welfare board.  The

19-17    court may provide for services to and support of children in need

19-18    of protection and care without regard to the immigration status of

19-19    the child or the child's family.

19-20          SECTION 22.  Subchapter A, Chapter 264, Family Code, is

19-21    amended by adding Sections 264.011 and 264.012 to read as follows:

19-22          Sec. 264.011.  LOCAL ACCOUNTS.  (a)  The department may

19-23    establish and maintain local bank or savings accounts for a child

19-24    who is under the managing conservatorship of the department as

19-25    necessary to administer funds received in trust for or on behalf of

 20-1    the child.

 20-2          (b)  Funds maintained in an account under this section may be

 20-3    used by the department to support the child, including for the

 20-4    payment of foster care expenses, or may be paid to a person

 20-5    providing care for the child.

 20-6          Sec. 264.012.  FUNERAL EXPENSES FOR CHILD IN FOSTER CARE. The

 20-7    department may spend funds appropriated for the child protective

 20-8    services program to pay reasonable and necessary funeral expenses

 20-9    for a child for whom the department has been appointed managing

20-10    conservator and who dies in foster care.

20-11          SECTION 23.  Section 264.101, Family Code, is amended to read

20-12    as follows:

20-13          Sec. 264.101.  FOSTER CARE PAYMENTS.  (a)  The department may

20-14    pay the cost of [protective] foster care for a child:

20-15                (1)  for whom the department has [initiated a suit and

20-16    has] been named managing conservator under an order rendered under

20-17    this title; and

20-18                (2)  who is a resident of the state and who:

20-19                      (A)  has been placed by the department in a

20-20    foster home or child care institution, as defined by Chapter 42,

20-21    Human Resources Code; or

20-22                      (B)  is under placement and care that is the

20-23    responsibility of an agency with which the department has entered

20-24    into an agreement to provide care and supervision of the child

20-25    [ineligible for foster care payments under the aid to families with

 21-1    dependent children program of the Texas Department of Human

 21-2    Services].

 21-3          (b)  The department may not pay the cost of protective foster

 21-4    care for a child for whom the department has been named managing

 21-5    conservator under an order rendered solely under Section

 21-6    161.001(1)(J) [161.001].

 21-7          (c)  The payment [total amount] of [payments for protective]

 21-8    foster care, including medical care, for a child as authorized

 21-9    under this subchapter shall be made without regard to the child's

21-10    eligibility for federally funded care [must be equal to the total

21-11    amount of payments made for similar care for a child eligible for

21-12    the aid to families with dependent children program of the Texas

21-13    Department of Human Services].

21-14          (d)  The Board of Protective and Regulatory Services may

21-15    adopt rules that establish criteria and guidelines for the payment

21-16    of foster care, including medical care, for a child and for

21-17    providing care for a child after the child becomes 18 years of age

21-18    if the child is regularly attending high school, an institution of

21-19    higher education, or a vocational or technical program.

21-20          (e)  The department may accept and spend funds available from

21-21    any source to pay for foster care, including medical care, for a

21-22    child in the department's care.

21-23          (f)  In this section, "child" means a person who:

21-24                (1)  is under 22 years of age and for whom the

21-25    department has been appointed managing conservator of the child

 22-1    before the date the child became 18 years of age; or

 22-2                (2)  is the responsibility of an agency with which the

 22-3    department has entered into an agreement to provide care and

 22-4    supervision of the child.

 22-5          SECTION 24.  Subchapter A, Chapter 264, Family Code, is

 22-6    amended by adding Section 264.1015 to read as follows:

 22-7          Sec. 264.1015.  LIABILITY OF CHILD'S ESTATE FOR FOSTER CARE.

 22-8    (a)  The cost of foster care provided for a child, including

 22-9    medical care, is an obligation of the child, and the estate of the

22-10    child is liable to the department for the cost of the care.

22-11          (b)  The department may take action to recover from the

22-12    estate of the child the cost of foster care for the child.

22-13          SECTION 25.  Section 264.104, Family Code, is amended by

22-14    amending Subsection (b) and adding Subsection (c) to read as

22-15    follows:

22-16          (b)  The cost of foster care for a child, including medical

22-17    care, is a legal obligation of the child's parents, and the estate

22-18    of a parent of the child is liable to the department for payment of

22-19    the costs.

22-20          (c)  The funds collected by the state under this section

22-21    shall be used by the department for child welfare services.

22-22          SECTION 26.  Section 264.105, Family Code, is amended to read

22-23    as follows:

22-24          Sec. 264.105.  MEDICAL SERVICES PAYMENTS [LIMITATION]. The

22-25    department shall attempt to maximize the use of federal funding to

 23-1    [may not] provide [the] medical care payments authorized by Section

 23-2    264.101(c) [if:]

 23-3                [(1)  a federal law or regulation prohibits those

 23-4    medical payments unless medical payments are also provided for

 23-5    medically needy children who are not eligible for the aid to

 23-6    families with dependent children program of the Texas Department of

 23-7    Human Services and] for children for whom the department has been

 23-8    [is not] named managing conservator[; or]

 23-9                [(2)  the federal government does not fund at least 50

23-10    percent of the cost of the medical payments authorized by this

23-11    subchapter].

23-12          SECTION 27.  Section 25.002(f), Education Code, is amended to

23-13    read as follows:

23-14          (f)  Except as otherwise provided by this subsection, for a

23-15    child to be enrolled in a public school, the child must be enrolled

23-16    by the child's parent or by the child's guardian or other person

23-17    with legal control of the child under a court order.  [If a person

23-18    with legal authority to enroll the child in school cannot be

23-19    identified and located, the school district that receives the

23-20    child's application for enrollment shall notify the Department of

23-21    Protective and Regulatory Services and shall admit the child as

23-22    provided by Section 25.001.  The district shall direct any

23-23    communication that is required with a parent to the Department of

23-24    Protective and Regulatory Services unless that department specifies

23-25    otherwise.  In this subsection, "child" has the meaning assigned by

 24-1    Section 101.003, Family Code.]

 24-2          SECTION 28.  Section 261.312(e), Family Code, is repealed.

 24-3          SECTION 29.  A change in law made by this Act that applies to

 24-4    a case in which the Department of Protective and Regulatory

 24-5    Services has been appointed conservator of a child applies

 24-6    regardless of whether the appointment is made before, on, or after

 24-7    the effective date of this Act.

 24-8          SECTION 30.  The importance of this legislation and the

 24-9    crowded condition of the calendars in both houses create an

24-10    emergency and an imperative public necessity that the

24-11    constitutional rule requiring bills to be read on three several

24-12    days in each house be suspended, and this rule is hereby suspended.