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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation by the Department of Family and |
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Protective Services of an individual to consent on behalf of the |
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department to medical care for a child in foster care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 266.004(c), Family Code, as added by |
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Chapter 268, Acts of the 79th Legislature, Regular Session, 2005, |
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is amended to read as follows: |
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(c) If the person authorized by the court to consent to |
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medical care is the department or an agent of the department, the |
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department shall, not later than the fifth business day after the |
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date the court provides authorization, file with the court and each |
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party the name of the individual who will exercise the duty and |
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responsibility of providing [informed] consent on behalf of the |
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department. The department may designate the child's foster parent |
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or the child's parent, if the parent's rights have not been |
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terminated, to exercise the duty and responsibility of providing |
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consent on behalf of the department under this subsection. If the |
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[that] individual designated under this subsection changes, the |
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department shall file notice of the change with the court and each |
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party not later than the fifth business day after the date of the |
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change. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |