83R13355 MCK-D
 
  By: Cortez H.B. No. 1180
 
  Substitute the following for H.B. No. 1180:
 
  By:  Raymond C.S.H.B. No. 1180
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to foster care placement decisions made by the Department
  of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 264.107, Family Code, is amended by
  amending Subsection (e) and adding Subsection (e-1) to read as
  follows:
         (e)  In making placement decisions, the department shall:
               (1)  consult with:
                     (A)  the child's caseworker; and
                     (B)  except when making an emergency placement
  that does not allow time for the required consultations, the
  child's attorney ad litem and [,] guardian ad litem and with any[,
  or] court-appointed volunteer advocate for the child [when
  possible]; and
               (2)  use clinical protocols to match a child to the most
  appropriate placement resource.
         (e-1)  If the department is not able to consult with an
  individual listed in Subsection (e)(1)(B) before the department
  makes an emergency placement decision, the department, not later
  than the end of the next business day after the placement is made,
  shall notify and consult with that individual regarding the
  placement.
         SECTION 2.  Section 264.107, Family Code, as amended by this
  Act, applies only to a foster care placement decision made by the
  Department of Family and Protective Services on or after the
  effective date of this Act.
         SECTION 3.  This Act takes effect September 1, 2013.