LEGISLATIVE BUDGET BOARD
                                   Austin, Texas
         
                                   FISCAL NOTE
                               75th Regular Session
         
                                  March 3, 1997
         
         
      TO: Honorable Rodney Ellis, Chair            IN RE:  Senate Bill No. 181
          Committee on Jurisprudence                              By: Shapiro
          Senate
          Austin, Texas
         
         
         
         
         FROM:  John Keel, Director    
         
In response to your request for a Fiscal Note on SB181 ( Relating 
to expediting certain suits to terminate parental rights and 
the conservatorship of a child by the Department of Protective 
and Regulatory Services.) this office has detemined the following:
         
         Biennial Net Impact to General Revenue Funds by SB181-As Introduced
         

Implementing the provisions of the bill would result in a 
net positive impact of $15,910,060 to General Revenue Related 
Funds through the biennium ending August 31, 1999.
         
The bill would amend various provisions of the Family Code relating 
to termination of the parent-child relationship due to child 
abuse or neglect.

         
 
Fiscal Analysis
 
The bill would amend Chapter 161 of the Family Code to require 
the court to expedite and give precedence  to parental rights 
termination suits over all other civil suits when there is an 
allegation that a child's health or welfare has been affected 
by severe abuse, neglect, alcohol abuse, or drug abuse.  The 
proposed amendment would apply to all termination cases pending 
in the courts on or after September 1, 1997.  It is assumed 
that implementation of this provision would have no significant 
fiscal impact because current law already requires the court 
to give precedence to parental rights termination suits over 
other civil cases when termination would make a child eligible 
for adoption, and because the Department of Protective and Regulatory 
Services already considers severe abuse, neglect, and substance 
abuse when determining whether a child has been abused or neglected.

The 
bill would also amend Section 263.303 of the Family Code to 
require the Department of Protective and Regulatory Services 
to recommend to the court one of two alternatives after a child 
has been in the department's managing conservatorship for one 
year.  These include returning the child to the child's parents 
and dismissing the suit, or terminating parental rights and 
retaining conservatorship.  This provision would apply to all 
cases in which the Department of Protective and Regulatory Services 
has been appointed conservator of a child before or after September 
1, 1997.  The bill would also require the court to select between 
the two alternatives when issuing an order on a parental rights 
termination case on or after September 1, 1998.  It is assumed 
that implementation of these provisions would significantly 
increase the workload of the department's child protective services 
program and legal staff.  The workload increase would be heaviest 
in fiscal year 1998, when the department would begin moving 
a backlog of foster children who have been in conservatorship 
for 12 or more months through the court system with a recommendation 
to return the child to the child's family and dismiss the suit, 
or to terminate parental rights and retain conservatorship

It 
is also assumed that the cost of the additional workload would 
be more than offset by a savings in foster care payments because 
the bill would cause children to leave the system more quickly, 
due to reunification with their family or termination of parental 
rights and eventual adoption by another family.  The foster 
care savings has been adjusted for an increase in the cost of 
adoption subsidy payments for children who are adopted.
 
Methodolgy
 
The department reports that a backlog of 3,553 foster children 
in the department's managing conservatorship at the end of fiscal 
year 1997 would be encompassed by the bill's provision that 
requires the department to recommend reunification or termination 
at the next status hearing.  The department also projects that 
an average of 160 additional foster children would be covered 
by the provisions of the bill in each of the following fiscal 
years.  About one-third of these children would become eligible 
for adoption due to termination of parental rights.

The department 
estimates that implementation of the bill's provisions would 
require additional staff to handle the additional workload of 
the child protective services program and legal staff.  This 
cost would be more than offset by a savings in foster care payments 
because children would leave the system more quickly.  
The probable fiscal implications of implementing the provisions 
of the bill during each of the first  five years following passage 
is estimated as follows:
 
Five Year Impact:
 
Fiscal Year Probable           Probable           Probable           Probable           Change in Number   
            Savings/(Cost)     Savings/(Cost)     Savings/(Cost)     Savings/(Cost)     of State          
            from General       from General       from Federal Funds from Federal Funds Employees from    
            Revenue Fund       Revenue Fund                                             FY 1997           
            0001               0001               0555               0555                                  
       1998      ($6,211,718)        $6,530,554      ($4,516,418)        $3,401,701             239.0
       1998       (2,387,597)        17,978,821       (1,775,716)         8,780,261              95.0
       2000       (2,487,846)        19,980,030       (1,836,145)         9,751,589              97.0
       2001       (2,695,629)        22,337,790       (1,994,441)        10,895,036             103.0
       2002       (2,789,963)        24,825,998       (2,070,914)        12,101,915             105.0
 
 
         Net Impact on General Revenue Related Funds:
 
The probable fiscal implication to General Revenue related funds 
during each of the first five years is estimated as follows:
 
              Fiscal Year      Probable Net Postive/(Negative)
                               General Revenue Related Funds
                                             Funds
               1998             $318,836
               1999           15,591,224
               2000           17,492,184
               2001           19,642,161
               2002           22,036,035
 

Similar annual fiscal implications would continue as long 
as the provisions of the bill are in effect.
          

Implementation of the bill's provisions would result in a 
significant additional cost for local government because many 
counties provide legal representation in parental rights termination 
cases.  The department estimates that the additional workload 
would require local governments to hire 148 attorneys at a cost 
of $7 million statewide.  This cost would occur in fiscal year 
1998, when most of the work to reduce the backlog of foster 
children would be undertaken.  
          
   Source:            Agencies:   530   Department of Protective and Regulatory Services
                                         
                      LBB Staff:   JK ,BB ,NM