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.