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A BILL TO BE ENTITLED
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AN ACT
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relating to notice to certain persons that a child is in the |
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managing conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 262, Family Code, is |
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amended by adding Section 262.1095 to read as follows: |
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Sec. 262.1095. NOTICE TO RELATIVES AND CERTAIN INDIVIDUALS; |
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INVESTIGATION. (a) When the Department of Family and Protective |
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Services or another agency takes possession of a child under this |
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chapter, the department shall give written notice as prescribed by |
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this section to each of the following individuals the department is |
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able to identify and locate: |
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(1) each adult who is related or is alleged to be |
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related to the child within the third degree by consanguinity or the |
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second degree by affinity as determined under Chapter 573, |
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Government Code; and |
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(2) each adult who has a long-standing and significant |
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relationship with the child. |
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(b) The written notice must include: |
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(1) a statement that the child has been removed from |
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the child's home and is in the temporary managing conservatorship |
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of the department; |
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(2) an explanation of the options available to the |
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individual to participate in the care and placement of the child and |
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the support of the child's family; and |
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(3) a statement that some options available to the |
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individual may be lost if the individual fails to respond to the |
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notice in a timely manner. |
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(c) The department is not required to provide notice to an |
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individual if the department determines that the individual's |
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history of family violence makes notification inappropriate. |
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(d) The department shall conduct an investigation to |
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identify and locate all individuals entitled to notice under this |
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section. The department shall complete the investigation not later |
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than the 30th day after the date the child is taken into possession. |
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(e) The department shall use due diligence in conducting the |
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investigation under this section, including interviewing: |
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(1) each individual the department identifies and |
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locates; and |
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(2) the child in an age-appropriate manner about |
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adults who may have a long-standing and significant relationship |
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with the child. |
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SECTION 2. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.007 to read as follows: |
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Sec. 263.007. NOTIFICATION OF RELATIVE AFFIDAVIT. Not |
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later than the 10th day before the date set for a hearing under |
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Subchapter C, the department shall file with the court an affidavit |
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stating: |
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(1) the efforts the department made to identify, |
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locate, and notify the individuals described by Section 262.1095; |
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and |
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(2) the name of each individual the department |
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identified, located, or notified. |
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SECTION 3. Section 263.202, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (f) to read as |
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follows: |
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(b) Except as provided by Subsections [Subsection] (e) and |
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(f), a status hearing shall be limited to matters related to the |
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contents and execution of the service plan filed with the |
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court. The court shall review the service plan that the department |
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or other agency filed under this chapter for reasonableness, |
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accuracy, and compliance with requirements of court orders and make |
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findings as to whether: |
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(1) a plan that has the goal of returning the child to |
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the child's parents adequately ensures that reasonable efforts are |
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made to enable the child's parents to provide a safe environment for |
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the child; and |
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(2) the child's parents have reviewed and understand |
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the service plan and have been advised that unless the parents are |
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willing and able to provide the child with a safe environment, even |
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with the assistance of a service plan, within the reasonable period |
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of time specified in the plan, the parents' parental and custodial |
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duties and rights may be subject to restriction or to termination |
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under this code or the child may not be returned to the parents. |
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(f) The court shall review the affidavit filed by the |
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department under Section 263.007 and inquire into the sufficiency |
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of the department's efforts to identify, locate, and notify |
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relatives and alleged relatives of the child and adults who have a |
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long-standing and significant relationship with the child. The |
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court shall order the department to make further efforts to |
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identify, locate, and notify relatives and alleged relatives of the |
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child and adults who have a long-standing and significant |
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relationship with the child if the court determines that the |
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department's efforts have not been sufficient. |
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SECTION 4. The changes in law made by this Act apply only to |
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a child taken into possession by the Department of Family and |
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Protective Services or another agency on or after the effective |
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date of this Act. A child taken into possession before that date is |
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governed by the law in effect on the date the child is taken into |
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possession, and the former law is continued in effect for that |
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purpose. |
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SECTION 5. This Act takes effect September 1, 2011. |