1-1 By: Dukes (Senate Sponsor - Ellis) H.B. No. 1266
1-2 (In the Senate - Received from the House April 11, 2001;
1-3 April 17, 2001, read first time and referred to Committee on
1-4 Jurisprudence; May 1, 2001, reported favorably by the following
1-5 vote: Yeas 6, Nays 0; May 1, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the identification and location of absent parents and
1-9 relatives for children removed from their parents' care.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Section 262.201(c), Family Code, is 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 of Protective and Regulatory Services with information necessary to
1-21 locate any other absent parent, alleged father, or relative of the
1-22 child. The court shall [and] inform each parent in open court that
1-23 parental and custodial rights and duties may be subject to
1-24 restriction or to termination unless the parent or parents are
1-25 willing and able to provide the child with a safe environment. If
1-26 the court finds that the child requires protection from family
1-27 violence by a member of the child's family or household, the court
1-28 shall render a protective order under Title 4 for the child. In
1-29 this subsection, "family violence" has the meaning assigned by
1-30 Section 71.004.
1-31 SECTION 2. Section 263.202(a), Family Code, is amended to
1-32 read as follows:
1-33 (a) If all parties entitled to citation and notice under
1-34 this chapter were not served, the court shall make findings as to
1-35 whether:
1-36 (1) the department or other agency has exercised due
1-37 diligence to locate all necessary persons; and
1-38 (2) each custodial [if only one parent is before the
1-39 court, that] parent, alleged father, or relative of the child
1-40 before the court has furnished to the department all available
1-41 information necessary to locate another [an] absent parent, alleged
1-42 father, or relative of the child through exercise of due diligence
1-43 [the parental locator service].
1-44 SECTION 3. Section 263.306(a), Family Code, is amended to
1-45 read as follows:
1-46 (a) At each permanency hearing the court shall:
1-47 (1) identify all persons or parties present at the
1-48 hearing or those given notice but failing to appear;
1-49 (2) review the efforts of the department or another
1-50 agency in:
1-51 (A) attempting to locate all necessary persons;
1-52 (B) requesting service of citation; and
1-53 (C) obtaining the assistance of a parent in
1-54 providing information necessary to locate an absent parent, alleged
1-55 father, or relative of the child;
1-56 (3) review the efforts of each custodial parent,
1-57 alleged father, or relative of the child before the court in
1-58 providing information necessary to locate another absent parent,
1-59 alleged father, or relative of the child;
1-60 (4) return the child to the parent or parents if the
1-61 child's parent or parents are willing and able to provide the child
1-62 with a safe environment and the return of the child is in the
1-63 child's best interest;
1-64 (5) [(4)] place the child with a person or entity,
2-1 other than a parent, entitled to service under Chapter 102 if the
2-2 person or entity is willing and able to provide the child with a
2-3 safe environment and the placement of the child is in the child's
2-4 best interest;
2-5 (6) [(5)] evaluate the department's efforts to
2-6 identify relatives who could provide the child with a safe
2-7 environment, if the child is not returned to a parent or another
2-8 person or entity entitled to service under Chapter 102;
2-9 (7) [(6)] evaluate the parties' compliance with
2-10 temporary orders and the service plan;
2-11 (8) [(7)] determine whether:
2-12 (A) the child continues to need substitute care;
2-13 (B) the child's current placement is appropriate
2-14 for meeting the child's needs; and
2-15 (C) other plans or services are needed to meet
2-16 the child's special needs or circumstances;
2-17 (9) [(8)] if the child is placed in institutional
2-18 care, determine whether efforts have been made to ensure placement
2-19 of the child in the least restrictive environment consistent with
2-20 the best interest and special needs of the child;
2-21 (10) [(9)] if the child is 16 years of age or older,
2-22 order services that are needed to assist the child in making the
2-23 transition from substitute care to independent living if the
2-24 services are available in the community;
2-25 (11) [(10)] determine plans, services, and further
2-26 temporary orders necessary to ensure that a final order is rendered
2-27 before the date for dismissal of the suit under this chapter; and
2-28 (12) [(11)] determine the date for dismissal of the
2-29 suit under this chapter and give notice in open court to all
2-30 parties of:
2-31 (A) the dismissal date;
2-32 (B) the date of the next permanency hearing; and
2-33 (C) the date the suit is set for trial.
2-34 SECTION 4. Section 264.205(a), Family Code, is amended to
2-35 read as follows:
2-36 (a) The department shall develop swift adoption teams to
2-37 expedite the process of placing a child under the jurisdiction of
2-38 the department for adoption. Swift adoption teams developed under
2-39 this section shall, in performing their duties, attempt to place a
2-40 child for adoption with an appropriate relative of the child.
2-41 SECTION 5. This Act takes effect September 1, 2001, and
2-42 applies only to a child placed in the custody of the Department of
2-43 Protective and Regulatory Services on or after that date. A child
2-44 placed in the custody of the department before the effective date
2-45 of this Act is governed by the law in effect on the date the child
2-46 was placed in the department's custody, and the former law is
2-47 continued in effect for that purpose.
2-48 * * * * *