79R2072 KKA-D

By:  Naishtat                                                     H.B. No. 228



A BILL TO BE ENTITLED

AN ACT

relating to use of a proposed child placement resources form in 
cases involving the Department of Family and Protective Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 262.109(c), Family Code, is amended to 
read as follows:  
	(c)  The written notice must include:                                          
		(1)  the reasons why the department or agency is taking 
possession of the child and the facts that led the department to 
believe that the child should be taken into custody;
		(2)  the name of the person at the department or agency 
that the parent, conservator, or other custodian may contact for 
information relating to the child or a legal proceeding relating to 
the child;
		(3)  a summary of legal rights of a parent, 
conservator, guardian, or other custodian under this chapter and an 
explanation of the probable legal procedures relating to the child; 
[and]
		(4)  a statement that the parent, conservator, or other 
custodian has the right to hire an attorney; and
		(5)  a proposed child placement resources form that 
instructs the parent, conservator, or other custodian to complete 
and submit the form to the court with the identification of any 
relative of the child or other individual with whom the child could 
be placed.
	SECTION 2.  Section 262.201(c), Family Code, is amended to 
read as follows:  
	(c)  If the court finds sufficient evidence to satisfy a 
person of ordinary prudence and caution that there is a continuing 
danger to the physical health or safety of the child and for the 
child to remain in the home is contrary to the welfare of the child, 
the court shall issue an appropriate temporary order under Chapter 
105.  The court shall require each parent, alleged father, or 
relative of the child before the court to submit the proposed child 
placement resources form provided under Section 262.109, if the 
form has not been previously provided to the court, and provide the 
Department of Family and Protective [and Regulatory] Services with 
information necessary to locate any other absent parent, alleged 
father, or relative of the child.  The court shall inform each 
parent in open court that parental and custodial rights and duties 
may be subject to restriction or to termination unless the parent or 
parents are willing and able to provide the child with a safe 
environment.  If the court finds that the child requires protection 
from family violence by a member of the child's family or household, 
the court shall render a protective order under Title 4 for the 
child.  In this subsection, "family violence" has the meaning 
assigned by Section 71.004.
	SECTION 3.  Section 263.201, Family Code, is amended by 
adding Subsection (c) to read as follows:
	(c)  The court shall require each parent, alleged father, or 
relative of the child before the court to submit the proposed child 
placement resources form provided under Section 262.109 at the 
status hearing, if the form has not previously been submitted.
	SECTION 4.  The Department of Family and Protective Services 
shall develop the proposed child placement resources form required 
to be provided under Section 262.109, Family Code, as amended by 
this Act, not later than November 1, 2005.
	SECTION 5.  (a)  The change in law made by this Act to Section 
262.109(c), Family Code, applies only in cases in which the 
Department of Family and Protective Services or another agency 
takes possession of a child under Chapter 262, Family Code, on or 
after November 1, 2005.  The notice required to be provided in cases 
in which the department or agency takes possession of a child before 
that date is governed by the law as it existed before amendment by 
this Act, and the former law is continued in effect for that 
purpose.
	(b)  The change in law made by this Act to Section 
262.201(c), Family Code, applies only to a full adversary hearing 
that occurs on or after November 1, 2005.  A full adversary hearing 
that occurs before that date is governed by the law as it existed 
before amendment by this Act, and the former law is continued in 
effect for that purpose.
	(c)  The change in law made by this Act to Section 263.201, 
Family Code, applies only to a status hearing that occurs on or 
after November 1, 2005.  A status hearing that occurs before that 
date is governed by the law as it existed before amendment by this 
Act, and the former law is continued in effect for that purpose.
	SECTION 6.  This Act takes effect September 1, 2005.