SRC-BWC H.B. 1266 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1266
By: Dukes (Ellis)
Jurisprudence
4/23/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, in a permanency hearing or a status hearing, the court
is required to determine whether sufficient information has been furnished
to the Department of Protective and Regulatory Services (department) to
locate an absent parent, but not to locate other relatives of the child.
When a child is removed from a parent's home, it is traumatic to the child.
Placement in a relative's home may help to combat these feelings of trauma
by providing people and surroundings that are familiar to them. Because a
relative of a child is sometimes unaware that the child has been removed
from custody of the parent or guardian and that the court often has trouble
locating a relative of the child, the placement of a child in the home of a
relative may be difficult.  H.B. 1266 requires the court to determine
whether sufficient information has been furnished to the department to
locate an absent parent, alleged father, or relative of the child in an
adversary hearing, permanency hearing, or status hearing.  

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 262.201(c), Family Code, to require a court to
require each parent, alleged father, or relative of a child, whose physical
health or safety is in question, before the court to provide the Department
of Protective and Regulatory Services (department) with information
necessary to locate any other absent parent, alleged father, or relative of
the child. 

SECTION 2.  Amends Section 263.202(a), Family Code, to requires the court,
if all parties entitled to citation and notice under this chapter were not
served, to make findings as to whether each custodial parent, alleged
father, or relative of the child before the court has furnished to the
department all available information necessary to locate another absent
parent, alleged father, or relative of the child through exercise of due
diligence, rather than the parental locator service. 

SECTION 3.  Amends Section 263.306(a), Family Code, to require the court at
each permanency hearing to review the efforts of each custodial parent,
alleged father, or relative of the child before the court in providing
information necessary to locate another absent parent, alleged father, or
relative of the child. 

SECTION 4.  Amends Section 264.205(a), Family Code, to require swift
adoption teams developed by the department, in performing their duties, to
attempt to place a child for adoption with an appropriate relative of the
child. 

SECTION 5.  Effective date: September 1, 2001.
            Makes application of this Act prospective.