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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 Subsections (a-1) and (a-2) 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) a copy of any completed home study performed under |
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Subsection (a); and |
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(3) the name of the relative or other designated |
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caregiver, if any, with whom the child has been placed. |
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(a-2) If the child has not been placed with a relative or |
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other designated caregiver by the time of the full adversary |
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hearing under Section 262.201, the department shall file with the |
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court a statement that explains: |
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(1) the reasons why the department has not placed the |
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child with a relative or other designated caregiver listed on the |
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proposed child placement resources form; and |
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(2) the actions the department is taking, if any, to |
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place the child with a relative or other designated caregiver. |
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SECTION 2. Subsection (c), Section 262.201, Family Code, is |
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amended to 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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(a) Except as provided by Subsection (b), not later than the 10th |
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day before the date set for a hearing under this chapter, the |
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department shall file with the court any document described by |
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Sections 262.114(a-1) and (a-2) that has not been filed with the |
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court. |
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(b) The department is not required to file the documents |
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required by Subsection (a) if the child is in an adoptive placement |
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or another placement that is intended to be permanent. |
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SECTION 4. Subsections (a-1) and (a-2), Section 262.114, |
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and Section 263.003, Family Code, as added by this Act, apply only |
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to a suit affecting the parent-child relationship filed by the |
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Department of Family and Protective Services on or after the |
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effective date of this Act. A suit filed before the effective date |
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of this Act is governed by the law in effect on the date the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2009. |