By Dukes H.B. No. 2294
76R6444 CMR-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the identification and location of absent parents and
1-3 relatives for children removed from their parents' care.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 262.201(c), Family Code, as amended by
1-6 Section 5, Chapter 600, Acts of the 75th Legislature, Regular
1-7 Session, 1997; Section 1, Chapter 603, Acts of the 75th
1-8 Legislature, Regular Session, 1997; Section 77, Chapter 1022, Acts
1-9 of the 75th Legislature, Regular Session, 1997; and Section 3,
1-10 Chapter 752, Acts of the 75th Legislature, Regular Session, 1997,
1-11 is reenacted, amended to correct cross-references, and amended to
1-12 read as follows:
1-13 (c) If the court finds sufficient evidence to satisfy a
1-14 person of ordinary prudence and caution that there is a continuing
1-15 danger to the physical health or safety of the child and for the
1-16 child to remain in the home is contrary to the welfare of the
1-17 child, the court shall issue an appropriate temporary order under
1-18 Chapter 105. The court shall require each parent, alleged father,
1-19 or relative of the child before the court to provide the department
1-20 with information necessary to locate any other absent parent,
1-21 alleged father, or relative of the child. The court shall [and]
1-22 inform each parent in open court that parental and custodial rights
1-23 and duties may be subject to restriction or to termination unless
1-24 the parent or parents are willing and able to provide the child
2-1 with a safe environment. If the court finds that the child requires
2-2 protection from family violence by a member of the child's family
2-3 or household, the court shall render a protective order under Title
2-4 4 [Chapter 71] for the child. In this subsection, "family
2-5 violence" has the meaning assigned by Section 71.004 [71.01].
2-6 SECTION 2. Section 263.202(a), Family Code, is amended to
2-7 read as follows:
2-8 (a) If all parties entitled to citation and notice under
2-9 this chapter were not served, the court shall make findings as to
2-10 whether:
2-11 (1) the department or other agency has exercised due
2-12 diligence to locate all necessary persons; and
2-13 (2) each [if only one parent is before the court,
2-14 that] parent, alleged father, or relative of the child before the
2-15 court has furnished to the department all available information
2-16 necessary to locate another [an] absent parent, alleged father, or
2-17 relative of the child through exercise of due diligence [the
2-18 parental locator service].
2-19 SECTION 3. Section 263.306, Family Code, is amended to read
2-20 as follows:
2-21 Sec. 263.306. PERMANENCY HEARINGS: PROCEDURE. At each
2-22 permanency hearing the court shall:
2-23 (1) identify all persons or parties present at the
2-24 hearing or those given notice but failing to appear;
2-25 (2) review the efforts of the department or another
2-26 agency in:
2-27 (A) attempting to locate all necessary persons;
3-1 (B) requesting service of citation; and
3-2 (C) obtaining the assistance of a parent in
3-3 providing information necessary to locate an absent parent, alleged
3-4 father, or relative of the child;
3-5 (3) review the efforts of each parent, alleged father,
3-6 or relative of the child before the court in providing information
3-7 necessary to locate another absent parent, alleged father, or
3-8 relative of the child;
3-9 (4) return the child to the parent or parents if the
3-10 child's parent or parents are willing and able to provide the child
3-11 with a safe environment and the return of the child is in the
3-12 child's best interest;
3-13 (5) [(4)] place the child with a person or entity,
3-14 other than a parent, entitled to service under Chapter 102 if the
3-15 person or entity is willing and able to provide the child with a
3-16 safe environment and the return of the child is in the child's best
3-17 interest;
3-18 (6) [(5)] evaluate the department's efforts to
3-19 identify relatives who could provide the child with a safe
3-20 environment, if the child is not returned to a parent or another
3-21 person or entity entitled to service under Chapter 102;
3-22 (7) [(6)] evaluate the parties' compliance with
3-23 temporary orders and the service plan;
3-24 (8) [(7)] determine whether:
3-25 (A) the child continues to need substitute care;
3-26 (B) the child's current placement is appropriate
3-27 for meeting the child's needs; and
4-1 (C) other plans or services are needed to meet
4-2 the child's special needs or circumstances;
4-3 (9) [(8)] if the child is placed in institutional
4-4 care, determine whether efforts have been made to ensure placement
4-5 of the child in the least restrictive environment consistent with
4-6 the best interest and special needs of the child;
4-7 (10) [(9)] if the child is 16 years of age or older,
4-8 order services that are needed to assist the child in making the
4-9 transition from substitute care to independent living if the
4-10 services are available in the community;
4-11 (11) [(10)] determine plans, services, and further
4-12 temporary orders necessary to ensure that a final order is rendered
4-13 before the date for dismissal of the suit under this chapter; and
4-14 (12) [(11)] determine the date for dismissal of the
4-15 suit under this chapter and give notice in open court to all
4-16 parties of:
4-17 (A) the dismissal date;
4-18 (B) the date of the next permanency hearing; and
4-19 (C) the date the suit is set for trial.
4-20 SECTION 4. Section 264.205, Family Code, is amended by
4-21 adding Subsection (d) to read as follows:
4-22 (d) In addition to the other requirements of this section,
4-23 the department shall develop swift adoption teams to expedite the
4-24 process of placing a child for adoption with a relative of the
4-25 child.
4-26 SECTION 5. Section 5, Chapter 600, Acts of the 75th
4-27 Legislature, Regular Session, 1997; Section 1, Chapter 603, Acts of
5-1 the 75th Legislature, Regular Session, 1997; Section 77, Chapter
5-2 1022, Acts of the 75th Legislature, Regular Session, 1997; and
5-3 Section 3, Chapter 752, Acts of the 75th Legislature, Regular
5-4 Session, 1997, are repealed.
5-5 SECTION 6. This Act takes effect September 1, 1999, and
5-6 applies only to a child placed in the custody of the Department of
5-7 Protective and Regulatory Services on or after that date. A child
5-8 placed in the custody of the department before the effective date
5-9 of this Act is governed by the law in effect on the date the child
5-10 was placed in custody, and the former law is continued in effect
5-11 for that purpose.
5-12 SECTION 7. The importance of this legislation and the
5-13 crowded condition of the calendars in both houses create an
5-14 emergency and an imperative public necessity that the
5-15 constitutional rule requiring bills to be read on three several
5-16 days in each house be suspended, and this rule is hereby suspended.