SRC-JJJ S.B. 649 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 649
76R5309 MCK-DBy: Lindsay
Jurisprudence
3/10/1999
As Filed


DIGEST 

Currently, Texas law grants foster parents standing to file an original
suit affecting the parent-child relationship after the child has been
placed in their home for a period of not less than 18 months. Texas
Department of Protective and Regulatory Services limits to 12 months the
amount of time a child may remain in the custody of the state, and to
comply with developed a policy that requires a permanency plan be advanced
well before the end of the 12 month period.  A foster parent that has had a
child in their home for six months or more would not be allowed to file a
suit affecting the parent-child relationship of said child during the 12
month period.  The Adoption and Safe Families Act of 1997 removed the
federal mandate to preserve families and replaced it with a mandate to
protect the best interest of the child and to expedite a permanency plan
for said child  This bill would allow foster parents to file an original
suit affecting the parent-child relationship after the child has been
placed in their home for not less than 6 months.  

PURPOSE

As proposed, S.B. 649 establishes provisions regarding foster parents
standing to file a suit affecting the parent-child relationship. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 102.003, Family Code, to authorize an original
suit to be filed at any time by a person who is a foster parent of a child
placed by the Department of Protective and Regulatory Services in the
person's home for a period of not less than six, rather than 18, months
preceding the date of the filing of the petition. 

SECTION 2.  Emergency clause.
            Effective date: upon passage.