By:  Dutton, Edwards                                              H.B. No. 384



A BILL TO BE ENTITLED

AN ACT

relating to placement of a child with a noncustodial parent or 
relative to further the best interest of the child.
	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:                   
			(A)  instructs the parent, conservator, or other 
custodian to complete and submit the form to the department with the 
identification of any relative of the child or other individual who 
has a significant, long-standing relationship with the child or the 
child's family with whom the child could be placed; and
			(B)  informs the parent, conservator, or other 
custodian of a location that is available to the person to submit 
the information in the form 24 hours a day either in person or by 
facsimile machine or by e-mail.
	SECTION 2.  Section 262.201(e), Family Code, is amended to 
read as follows:  
	(e)  The court shall place a child removed from the child's 
custodial parent with the child's noncustodial parent or with a 
relative of the child if placement with the noncustodial parent is 
inappropriate, unless the department overcomes the presumption 
that placement with the noncustodial parent or a relative is [not] 
in the best interest of the child.
	SECTION 3.  Section 262.205(e), Family Code, is amended to 
read as follows:  
	(e)  Unless the department overcomes the presumption that 
the placement [it] is [not] in the best interest of the child, the 
court shall place a child who has been removed under this section 
with:
		(1)  the child's noncustodial parent;  or                                     
		(2)  another relative of the child if placement with 
the noncustodial parent is inappropriate.
	SECTION 4.  Section 263.404(a), Family Code, is amended to 
read as follows:  
	(a)  The court may render a final order appointing the 
department as managing conservator of the child without terminating 
the rights of the parent of the child if the court finds that:
		(1)  appointment of a parent as managing conservator 
would not be in the best interest of the child because the 
appointment would significantly impair the child's physical health 
or emotional development; and
		(2)  the department has overcome the presumption that
it would [not] be in the best interest of the child to appoint a 
relative of the child or another person as managing conservator.
	SECTION 5.  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 6.  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.
	SECTION 7.  The change in law made by this Act to Sections 
262.201, 262.205, and 263.404, Family Code, applies only to a suit 
affecting the parent-child relationship filed on or after the 
effective date of this Act.  A suit affecting the parent-child 
relationship filed before the effective date of this Act is 
governed by the law in effect on the date suit was filed, and the 
former law is continued in effect for that purpose.
	SECTION 8.  This Act takes effect September 1, 2005.