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A BILL TO BE ENTITLED
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AN ACT
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relating to the placement of a child in the possession of the |
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Department of Family and Protective Services with a nonoffending |
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parent or absentee parent of the child. |
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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 262.1141 to read as follows: |
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Sec. 262.1141. ABSENTEE AND NONOFFENDING PARENTS; |
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PLACEMENT. (a) In this section: |
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(1) "Absentee parent" means the parent of a child who: |
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(A) does not have custody of the child; |
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(B) has not contributed to the care or welfare of |
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the child; and |
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(C) has been ruled out as a caregiver for the |
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child by the Department of Family and Protective Services on the |
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basis of a child protective services background and criminal |
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history check or a home study. |
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(2) "Nonoffending parent" means the parent of a child |
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who: |
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(A) does not have custody of the child but has |
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contributed to the care or welfare of the child; and |
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(B) has been determined by the Department of |
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Family and Protective Services to be an appropriate caregiver for |
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the child on the basis of a child protective services background and |
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criminal history check and a home study. |
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(b) When the Department of Family and Protective Services or |
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another agency takes possession of a child under this chapter, the |
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department shall give a nonoffending parent priority as a |
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substitute caregiver for the child. The department may not place a |
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child with an absentee parent without prior court approval. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |