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A BILL TO BE ENTITLED
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AN ACT
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relating to information regarding the relative or designated |
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caregivers for a child in the managing conservatorship of the |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.114, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) At the full adversary hearing under Section 262.201, |
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the department shall, after redacting any social security numbers, |
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file with the court: |
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(1) a copy of each proposed child placement resources |
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form completed by the parent or other person having legal custody of |
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the child; |
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(2) the results of the background and criminal history |
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checks performed on each individual identified as a relative or |
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designated caregiver on the proposed child placement resources |
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form; |
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(3) the results of each completed home study of an |
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individual identified as a relative or designated caregiver on the |
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proposed child placement resources form; and |
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(4) a statement explaining the reasons the department |
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selected the specific substitute caregiver for the child. |
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SECTION 2. Section 262.201(c), Family Code, is amended to |
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read as follows: |
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(c) If the court finds sufficient evidence to satisfy a |
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person of ordinary prudence and caution that there is a continuing |
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danger to the physical health or safety of the child and for the |
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child to remain in the home is contrary to the welfare of the child, |
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the court shall issue an appropriate temporary order under Chapter |
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105. The court shall require each parent, alleged father, or |
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relative of the child before the court to complete [submit] the |
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proposed child placement resources form provided under Section |
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261.307 and file the form with the court, if the form has not been |
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previously filed with the court [provided], and provide the |
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Department of Family and Protective Services with information |
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necessary to locate any other absent parent, alleged father, or |
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relative of the child. The court shall inform each parent, alleged |
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father, or relative of the child before the court that the person's |
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failure to submit the proposed child placement resources form will |
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not delay any court proceedings relating to the child. The court |
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shall inform each parent in open court that parental and custodial |
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rights and duties may be subject to restriction or to termination |
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unless the parent or parents are willing and able to provide the |
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child with a safe environment. If the court finds that the child |
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requires protection from family violence by a member of the child's |
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family or household, the court shall render a protective order |
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under Title 4 for the child. In this subsection, "family violence" |
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has the meaning assigned by Section 71.004. |
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SECTION 3. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.003 to read as follows: |
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Sec. 263.003. INFORMATION RELATING TO PLACEMENT OF CHILD. |
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Not later than the 10th day before the date set for a hearing under |
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this chapter, the department shall file with the court any document |
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described by Section 262.114(a-1) that has not been filed with the |
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court. |
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SECTION 4. Sections 262.114(a-1) and 263.003, Family Code, |
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as added by this Act, apply only to a suit affecting the |
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parent-child relationship filed by the Department of Family and |
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Protective Services on or after the effective date of this Act. A |
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suit filed before the effective date of this Act is governed by the |
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law in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |