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A BILL TO BE ENTITLED
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AN ACT
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relating to certain arrangements to provide care for a child during |
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an investigation of abuse or neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 264, Family Code, is amended by adding |
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Subchapter L to read as follows: |
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SUBCHAPTER L. PARENTAL CHILD SAFETY PLACEMENTS |
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Sec. 264.901. DEFINITIONS. In this subchapter: |
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(1) "Caregiver" means an individual, other than a |
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child's parent, conservator, or legal guardian, who is related to |
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the child or has a long-standing and significant relationship with |
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the child or the child's family. |
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(2) "Parental child safety placement" means a |
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temporary out-of-home placement of a child with a caregiver that is |
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made by a parent or other person with whom the child resides in |
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accordance with a written agreement approved by the department that |
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ensures the safety of the child: |
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(A) during an investigation by the department of |
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alleged abuse or neglect of the child; or |
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(B) while the parent or other person is receiving |
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services from the department. |
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(3) "Parental child safety placement agreement" means |
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an agreement between a parent or other person making a parental |
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child safety placement and the caregiver that contains the terms of |
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the placement and is approved by the department. |
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Sec. 264.902. PARENTAL CHILD SAFETY PLACEMENT AGREEMENT. |
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(a) A parental child safety placement agreement must include terms |
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that clearly state: |
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(1) the respective duties of the person making the |
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placement and the caregiver, including a plan for how the caregiver |
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will access necessary medical treatment for the child and the |
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caregiver's duty to ensure that a school-age child is enrolled in |
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and attending school; |
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(2) conditions under which the person placing the |
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child may have access to the child, including how often the person |
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may visit and the circumstances under which the person's visit may |
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occur; |
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(3) the duties of the department; |
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(4) the date on which the agreement will terminate |
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unless terminated sooner or extended to a subsequent date as |
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provided under department policy; and |
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(5) any other term the department determines necessary |
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for the safety and welfare of the child. |
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(b) A parental child safety placement agreement must |
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contain the following statement in boldface type and capital |
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letters: "YOUR AGREEMENT TO THE PARENTAL CHILD SAFETY PLACEMENT IS |
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NOT AN ADMISSION OF CHILD ABUSE OR NEGLECT ON YOUR PART AND CANNOT |
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BE USED AGAINST YOU AS AN ADMISSION OF CHILD ABUSE OR NEGLECT." |
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(c) A parental child safety placement agreement must be in |
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writing and signed by the person making the placement and the |
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caregiver. |
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(d) The department must provide a written copy of the |
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parental child safety placement agreement to the person making the |
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placement and the caregiver. |
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Sec. 264.903. CAREGIVER EVALUATION. (a) The department |
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shall develop policies and procedures for evaluating a potential |
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caregiver's qualifications to care for a child under this |
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subchapter, including policies and procedures for evaluating: |
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(1) the criminal history of a caregiver; |
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(2) allegations of abuse or neglect against a |
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caregiver; and |
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(3) a caregiver's home environment and ability to care |
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for the child. |
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(b) A department caseworker who performs an evaluation of a |
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caregiver under this section shall document the results of the |
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evaluation in the department's case records. |
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(c) If, after performing an evaluation of a potential |
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caregiver, the department determines that it is not in the child's |
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best interest to be placed with the caregiver, the department shall |
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notify the person who proposed the caregiver and the proposed |
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caregiver of the reasons for the department's decision, but may not |
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disclose the specifics of any criminal history or allegations of |
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abuse or neglect unless the caregiver agrees to the disclosure. |
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Sec. 264.904. DEPARTMENT PROCEDURES FOR CLOSING CASE. |
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(a) Before closing a case in which the department has approved a |
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parental child safety placement, the department must develop a plan |
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with the person who made the placement and the caregiver for the |
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safe return of the child to the person who placed the child with the |
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caregiver or to another person legally entitled to possession of |
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the child, as appropriate. |
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(b) The department may close a case with a child still |
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living with the caregiver in a parental child safety placement if |
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the department has determined that the child could safely return to |
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the parent or person who made the parental child safety placement |
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but the parent or other person agrees in writing for the child to |
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continue to reside with the caregiver. |
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(c) If the department determines that the child is unable to |
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safely return to the parent or person who made the parental child |
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safety placement, the department shall determine whether the child |
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can remain safely in the home of the caregiver or whether the |
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department must seek legal conservatorship of the child in order to |
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ensure the child's safety. |
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(d) Before the department may close a case with a child |
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still living in a parental child safety placement, the department |
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must: |
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(1) determine and document in the case file that the |
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child can safely remain in the placement without the department's |
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supervision; |
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(2) obtain the written agreement of the parent or |
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person who made the parental child safety placement, if possible; |
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(3) obtain the caregiver's agreement in writing that |
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the child can continue living in the placement after the department |
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closes the case; and |
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(4) develop a written plan for the child's care after |
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the department closes the case. |
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(e) The department is not required to comply with Subsection |
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(d) if the department has filed suit seeking to be named conservator |
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of the child under Chapter 262 and been denied conservatorship of |
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the child. |
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Sec. 264.905. REMOVAL OF CHILD BY DEPARTMENT. This |
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subchapter does not prevent the department from removing a child at |
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any time from a person who makes a parental child safety placement |
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or from a caregiver if removal is determined to be necessary by the |
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department for the safety and welfare of the child as provided by |
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Chapter 262. |
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Sec. 264.906. PLACEMENT PREFERENCE DURING CONSERVATORSHIP. |
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If, while a parental child safety placement agreement is in effect, |
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the department files suit under Chapter 262 seeking to be named |
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managing conservator of the child, the department shall give |
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priority to placing the child with the parental child safety |
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placement caregiver as long as the placement is safe and available. |
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SECTION 2. This Act takes effect September 1, 2011. |
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