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Amend CSSB 6 by adding the following appropriately numbered
sections to Article 1 of the bill and renumbering the remaining
sections of the article as appropriate:
SECTION ____. Section 261.302, Family Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) Except as provided by this subsection, the department
may transport a child as provided by Subsection (b)(3) only if the
department makes a reasonable documented effort to notify the
parent or other person having custody of the child of the transport
before the child is transported. The department may transport a
child without giving prior notice if the department:
(1) determines and documents, based on the
department's preliminary investigation, that the notification
would place another child at risk of harm;
(2) obtains an emergency order under Section 262.102;
or
(3) takes possession of the child without a court
order under Section 262.104.
SECTION ____. Section 262.105(a), Family Code, is amended to
read as follows:
(a) Except as provided by Section 262.1051, when [When] a
child is taken into possession without a court order, the person
taking the child into possession, without unnecessary delay, shall:
(1) file a suit affecting the parent-child
relationship;
(2) request the court to appoint an attorney ad litem
for the child; and
(3) request an initial hearing to be held by no later
than the first working day after the date the child is taken into
possession.
SECTION ____. Subchapter B, Chapter 262, Family Code, is
amended by adding Sections 262.1051 and 262.1052 to read as
follows:
Sec. 262.1051. RETURN OF CHILD AFTER TAKING POSSESSION
WITHOUT COURT ORDER. If the Department of Family and Protective
Services takes possession of a child under Section 262.104, the
department is not required to file suit under Section 262.105 if:
(1) based on further investigation, the department
determines that the child's safety can be assured without court
intervention;
(2) the child is returned to a parent or placed with
another person determined to be suitable by the department and
agreed to by a parent not later than the first day after the date the
child is taken into possession; and
(3) the department prepares a report describing in
detail:
(A) the facts that warranted taking possession of
the child without a court order;
(B) the results of the department's
investigation; and
(C) the basis for the department's determination
that the child's safety can be assured without court intervention.
Sec. 262.1052. REVIEW OF EMERGENCY REMOVALS BY DEPARTMENT
WITHOUT COURT INTERVENTION. The Department of Family and
Protective Services shall:
(1) file the report required by Section 262.1051 with
the Health and Human Services Commission's office of inspector
general;
(2) compile and maintain separate statistical
information, on both regional and statewide bases, with regard to:
(A) all cases in which a child is transported
without prior notification to a parent or other person having
custody of the child as provided by Section 261.302(b-1); and
(B) all cases in which a child is returned or
placed without court intervention as provided by Section 262.1051;
and
(3) on request by a committee of the legislature,
prepare an analysis of the reports and information required by this
section in the manner specified by the committee.
SECTION ____. Subchapter C, Chapter 40, Human Resources
Code, is amended by adding Section 40.073 to read as follows:
Sec. 40.073. PARENTAL ADVISORY COMMITTEE. (a) The
Parental Advisory Committee shall advise the department on policies
affecting parents and their involvement with the department,
including:
(1) investigations of allegations of abuse or neglect;
(2) designations of alternative placements for
children; and
(3) standards for persons who investigate reports of
abuse or neglect on the state or local level.
(b) The Parental Advisory Committee consists of members
appointed by the governor. The governor shall establish:
(1) the qualifications for committee members;
(2) the terms for committee members; and
(3) the number of committee members.
(c) Chapter 2110, Government Code, does not apply to the
committee.
(d) A committee member may not receive compensation for
serving on the committee but is entitled to reimbursement of travel
expenses incurred by the member while conducting the business of
the committee as provided by the General Appropriations Act.