By Dukes H.B. No. 1266
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, is amended to
1-6 read as follows:
1-7 (c) If the court finds sufficient evidence to satisfy a
1-8 person of ordinary prudence and caution that there is a continuing
1-9 danger to the physical health or safety of the child and for the
1-10 child to remain in the home is contrary to the welfare of the
1-11 child, the court shall issue an appropriate temporary order under
1-12 Chapter 105. The court shall require each parent, alleged father,
1-13 or relative of the child before the court to provide the Department
1-14 of Protective and Regulatory Services with information necessary to
1-15 locate any other absent parent, alleged father, or relative of the
1-16 child. The court shall [and] inform each parent in open court that
1-17 parental and custodial rights and duties may be subject to
1-18 restriction or to termination unless the parent or parents are
1-19 willing and able to provide the child with a safe environment. If
1-20 the court finds that the child requires protection from family
1-21 violence by a member of the child's family or household, the court
1-22 shall render a protective order under Title 4 for the child. In
1-23 this subsection, "family violence" has the meaning assigned by
1-24 Section 71.004.
2-1 SECTION 2. Section 263.202(a), Family Code, is amended to
2-2 read as follows:
2-3 (a) If all parties entitled to citation and notice under
2-4 this chapter were not served, the court shall make findings as to
2-5 whether:
2-6 (1) the department or other agency has exercised due
2-7 diligence to locate all necessary persons; and
2-8 (2) each custodial [if only one parent is before the
2-9 court, that] parent, alleged father, or relative of the child
2-10 before the court has furnished to the department all available
2-11 information necessary to locate another [an] absent parent, alleged
2-12 father, or relative of the child through exercise of due diligence
2-13 [the parental locator service].
2-14 SECTION 3. Section 263.306(a), Family Code, is amended to
2-15 read as follows:
2-16 (a) At each permanency hearing the court shall:
2-17 (1) identify all persons or parties present at the
2-18 hearing or those given notice but failing to appear;
2-19 (2) review the efforts of the department or another
2-20 agency in:
2-21 (A) attempting to locate all necessary persons;
2-22 (B) requesting service of citation; and
2-23 (C) obtaining the assistance of a parent in
2-24 providing information necessary to locate an absent parent, alleged
2-25 father, or relative of the child;
2-26 (3) review the efforts of each custodial parent,
2-27 alleged father, or relative of the child before the court in
3-1 providing information necessary to locate another absent parent,
3-2 alleged father, or relative of the child;
3-3 (4) return the child to the parent or parents if the
3-4 child's parent or parents are willing and able to provide the child
3-5 with a safe environment and the return of the child is in the
3-6 child's best interest;
3-7 (5) [(4)] place the child with a person or entity,
3-8 other than a parent, entitled to service under Chapter 102 if the
3-9 person or entity is willing and able to provide the child with a
3-10 safe environment and the placement of the child is in the child's
3-11 best interest;
3-12 (6) [(5)] evaluate the department's efforts to
3-13 identify relatives who could provide the child with a safe
3-14 environment, if the child is not returned to a parent or another
3-15 person or entity entitled to service under Chapter 102;
3-16 (7) [(6)] evaluate the parties' compliance with
3-17 temporary orders and the service plan;
3-18 (8) [(7)] determine whether:
3-19 (A) the child continues to need substitute care;
3-20 (B) the child's current placement is appropriate
3-21 for meeting the child's needs; and
3-22 (C) other plans or services are needed to meet
3-23 the child's special needs or circumstances;
3-24 (9) [(8)] if the child is placed in institutional
3-25 care, determine whether efforts have been made to ensure placement
3-26 of the child in the least restrictive environment consistent with
3-27 the best interest and special needs of the child;
4-1 (10) [(9)] if the child is 16 years of age or older,
4-2 order services that are needed to assist the child in making the
4-3 transition from substitute care to independent living if the
4-4 services are available in the community;
4-5 (11) [(10)] determine plans, services, and further
4-6 temporary orders necessary to ensure that a final order is rendered
4-7 before the date for dismissal of the suit under this chapter; and
4-8 (12) [(11)] determine the date for dismissal of the
4-9 suit under this chapter and give notice in open court to all
4-10 parties of:
4-11 (A) the dismissal date;
4-12 (B) the date of the next permanency hearing; and
4-13 (C) the date the suit is set for trial.
4-14 SECTION 4. Section 264.205(a), Family Code, is amended to
4-15 read as follows:
4-16 (a) The department shall develop swift adoption teams to
4-17 expedite the process of placing a child under the jurisdiction of
4-18 the department for adoption. Swift adoption teams developed under
4-19 this section shall, in performing their duties, attempt to place a
4-20 child for adoption with an appropriate relative of the child.
4-21 SECTION 5. This Act takes effect September 1, 2001, and
4-22 applies only to a child placed in the custody of the Department of
4-23 Protective and Regulatory Services on or after that date. A child
4-24 placed in the custody of the department before the effective date
4-25 of this Act is governed by the law in effect on the date the child
4-26 was placed in the department's custody, and the former law is
4-27 continued in effect for that purpose.