81R2985 UM-F

By: Zerwas H.B. No. 4568

A BILL TO BE ENTITLED

AN ACT

relating to investigations of child abuse and neglect, including the placement of children removed from their homes as a result of an investigation.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 262.112(a) and (b), Family Code, are amended to read as follows:

(a) The Department of Family and Protective [and Regulatory] Services and the parent, conservator, or legal guardian of a child are [is] entitled to an expedited hearing under this chapter in any proceeding in which a hearing is required if the department determines that a child should be removed from the child's home because of an immediate danger to the physical health or safety of the child.

(b) In any proceeding in which an expedited hearing is held under Subsection (a), the department, parent, conservator, guardian, or other party to the proceeding is entitled to an expedited appeal on a ruling by a court that the child may or may not be removed from the child's home.

SECTION 2. Section 262.114, Family Code, is amended to read as follows:

Sec. 262.114. EVALUATION OF IDENTIFIED RELATIVES AND OTHER DESIGNATED INDIVIDUALS; PLACEMENT. (a) If a governmental entity determines, after completing an investigation, that a child should be removed from the child's home and placed in the custody of the Department of Family and Protective Services, the department shall, on receiving the child placement resources form as provided under Section 261.307, [Before a full adversary hearing under Subchapter C, the Department of Family and Protective Services must] immediately perform a background and criminal history check of:

(1) the relatives or other designated individuals identified as a potential relative or designated caregiver, as defined by Section 264.751; and

(2) each person over 18 years of age who resides in the designated person's household [, on the proposed child placement resources form provided under Section 261.307].

(a-1) The department shall evaluate each person listed on the form by the standards outlined in Section 262.115 to determine the relative or other designated individual who would be the most appropriate substitute caregiver for the child [and must complete a home study of the most appropriate substitute caregiver, if any, before the full adversary hearing].

(a-2) The right of the parent, conservator, or legal guardian of the child to designate the person with whom the child is placed continues until the date the suit affecting the parent-child relationship is dismissed. The parent, conservator, or legal guardian may change the person designated on the child placement resources form as a relative or designated caregiver. The department shall place the child with the person subsequently designated as a relative or designated caregiver, if the child is removed from the care of a person who was previously designated.

(a-3) If the parent, conservator, or legal guardian fails to designate [Until the department identifies] a relative or other designated individual qualified to be a substitute caregiver, the department must continue to explore substitute caregiver options. The time frames in this subsection do not apply to a relative or other designated individual located more than 100 miles from the child's primary residence [in another state].

(b) [The department may place a child with a relative or other designated individual identified on the proposed child placement resources form if the department determines that the placement is in the best interest of the child.] The department may place the child with the relative or designated individual before conducting the background and criminal history check [or home study] required under Subsection (a). The department shall provide a copy of an informational manual required under Section 261.3071 to the relative or other designated caregiver at the time of the child's placement.

(c) The department shall provide the mother of a child who is breast-feeding with scheduled visitation periods at appropriate intervals to allow the mother to continue breast-feeding the child, unless the court finds after a hearing that the mother is not fit for these visitation periods.

(d) At each hearing conducted in a suit affecting the parent-child relationship filed under this chapter, the court shall inform the child's parent, conservator, or legal guardian orally and in writing of that person's right to designate a relative or designated caregiver with whom the child is placed.

SECTION 3. Subchapter B, Chapter 262, Family Code, is amended by adding Section 262.115 to read as follows:

Sec. 262.115. LIMITATION ON PLACEMENT WITH DESIGNATED PERSON. (a) Except as provided by Subsection (c), the department may not place a child with a person designated by the child's parent, conservator, or legal guardian under Section 262.114 if the department determines that:

(1) the placement would expose the child to immediate danger to the child's physical health or safety; or

(2) the designated person or another person in the designated person's household:

(A) is listed in the department's statewide central registry system with a finding that the department confirmed, had reason to believe, or could not determine that the person abused or neglected a child;

(B) is the subject of a report of child abuse or neglect being investigated by the department;

(C) has been found to have committed family violence and is or has been the subject of a protective order rendered under Title 4;

(D) has been convicted of a felony, is under indictment for or charged with an offense punishable as a felony, or is under investigation by a state or federal law enforcement agency for an offense punishable as a felony; or

(E) has previously voluntarily relinquished parental rights as the result of an allegation of child abuse or neglect.

(b) A law enforcement agency in this state, on request by the department, shall assist in conducting a criminal background check on a designated person or any other person in the designated person's household.

(c) The department may place a child with a person described by Subsection (a) if the department determines that placement of the child with the designated person will not endanger the child.

(d) If the department determines that the designated person under Section 262.114 is not an appropriate placement for the child, the department shall immediately provide the parent, conservator, or legal guardian with written notice stating the specific facts leading to the department's objections to the placement. The parent, conservator, or legal guardian may challenge the department's placement decision by filing a motion for a hearing before the court. The court shall render an order regarding placement of the child after hearing testimony from the parties. The court may approve the placement of the child with the designated person and order any modification the court determines necessary to address the department's written objections.

SECTION 4. Section 264.751(1), Family Code, is amended to read as follows:

(1) "Designated caregiver" means an individual qualified under Section 262.114 [who has a longstanding and significant relationship with a child for whom the department has been appointed managing conservator and] who:

(A) is appointed to provide substitute care for the child, but is not licensed or certified to operate a foster home, foster group home, agency foster home, or agency foster group home under Chapter 42, Human Resources Code; or

(B) is subsequently appointed permanent managing conservator of the child after providing the care described by Paragraph (A).

SECTION 5. Section 264.753, Family Code, is amended to read as follows:

Sec. 264.753. EXPEDITED PLACEMENT. Because there is a rebuttable presumption that placing a child in the care of a person designated by the child's parent, conservator, or legal guardian is in the child's best interest, the [The] department or other authorized entity shall expedite the completion of the background and criminal history check according to Section 262.114[, the home study,] and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after the date the caregiver is identified.

SECTION 6. Section 264.754, Family Code, is amended to read as follows:

Sec. 264.754. INVESTIGATION OF [PROPOSED] PLACEMENT OF CHILD WITH DESIGNATED CAREGIVER. After [Before] placing a child with a proposed relative or other designated caregiver under the standards of Sections 262.114 and 262.115, the department may [must] conduct a comprehensive [an] investigation, including a home study, to determine whether the designated [proposed] placement meets the minimum standards for the health and safety of the child. There is a rebuttable presumption that a placement with a designated caregiver is in the child's best interest.

SECTION 7. The changes in law made by this Act apply only to an investigation of a report of child abuse or neglect that is made, or a suit affecting the parent-child relationship that is commenced, on or after the effective date of this Act. A report that is made or a suit that is commenced before the effective date of this Act is governed by the law in effect on the date the report was made or the suit was commenced, and the former law is continued in effect for that purpose.

SECTION 8. This Act takes effect September 1, 2009.