Honorable Jane Nelson, Chair, Senate Committee on Health & Human Services
FROM:
John S. O'Brien, Deputy Director, Legislative Budget Board
IN RE:
HB798 by Uresti (Relating to release of a child taken into protective custody by a law enforcement or juvenile probation officer.), As Engrossed
No significant fiscal implication to the State is anticipated.
The bill would add section 262.1041 to the Family Code. The new section would authorize a law enforcement or juvenile probation officer who takes possession of a child under Chapter 262 to release the child to: (l) a child-placing agency licensed by the Department of Family Protective Services (DFPS) under Chapter 42, Human Resources Code, if the agency is authorized by the department to take possession of the child, (2) DFPS, or (3) any other person authorized by law to take possession of the child. The bill would also require that a child-placing agency or other authorized person who takes possession of a child under the section shall immediately notify DFPS that the agency or other authorized person has taken possession of the child; and, with the assistance of the law enforcement or juvenile probation officer who releases the child to the agency or other authorized person, complete a form prescribed by DFPS that contains basic information regarding the child and the circumstances under which possession was taken and promptly submit the completed form to DFPS.
Local Government Impact
Local law enforcement agencies could see some additional overtime expenditures related to the new paperwork requirements, but the costs would depend on 1) the number of times an officer takes possession of a child under Subchapter B, Chapter 262, Family Code; and 2) the nature of the form prescribed by the Department of Family and Protective Services.
Source Agencies:
530 Department of Family and Protective Services, 665 Juvenile Probation Commission