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A BILL TO BE ENTITLED
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AN ACT
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relating to the eligibility of a person to serve as a relative or |
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other designated caregiver for a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 264.754(a), (b), and (c), Family Code, |
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are amended to read as follows: |
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(a) [In this section, "low-risk criminal offense" means a |
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nonviolent criminal offense, including a fraud-based offense, the |
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department determines has a low risk of impacting: |
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[(1) a child's safety or well-being; or |
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[(2) the stability of a child's placement with a |
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relative or other designated caregiver. |
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[(b)] Before placing a child with a proposed relative or |
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other designated caregiver, the department must conduct an |
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assessment to determine whether the proposed placement is in the |
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child's best interest. |
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(b) The [(c) If the] department may not disqualify |
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[disqualifies] a person from serving as a relative or other |
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designated caregiver for a child on the basis that the person has |
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been convicted of a [low-risk] criminal offense, other than an |
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offense that requires the person to register as a sex offender under |
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Chapter 62, Code of Criminal Procedure, if the department |
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determines that placing the child with the person is in the child's |
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best interest [the person may appeal the disqualification in |
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accordance with the procedure developed under Subsection (d)]. |
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SECTION 2. Sections 264.754(d) and (e), Family Code, are |
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repealed. |
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SECTION 3. This Act takes effect September 1, 2021. |