82R3706 MAW-F

By: Zerwas H.B. No. 794

A BILL TO BE ENTITLED

AN ACT

relating to investigations of child abuse or 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, legal guardian, or other party to the proceeding is entitled to an expedited appeal on a ruling by a court regarding the removal of [that] the child [may not be removed] from the child's home.

SECTION 2. Sections 262.114(a) and (b), Family Code, are amended to read as follows:

(a) Before a full adversary hearing under Subchapter C, the Department of Family and Protective Services must perform a background and criminal history check of the relatives or other designated individuals identified as a potential relative or designated caregiver, as defined by Section 264.751, on the proposed child placement resources form provided under Section 261.307. The department shall evaluate each person listed on the form to determine the relative or other designated individual who would be the most appropriate substitute caregiver for the child and may [must] complete a home study of the most appropriate substitute caregiver, if any, before the full adversary hearing. 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 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 unless [if] the department determines that the placement is not 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.

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 of Family and Protective Services may not place a child with a person designated by the parent or other person having legal custody of the child 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 central registry maintained under Section 261.002 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 of 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 or other person having legal custody of the child with written notice stating the specific facts leading to the department's objections to the placement. The parent or other person having legal custody of the child 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. 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 5. This Act takes effect September 1, 2011.