87R5948 MM-D
 
  By: Darby H.B. No. 1790
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the notice provided to certain individuals on
  termination of the parent-child relationship and on placement of a
  child in the managing conservatorship of the Department of Family
  and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 161, Family Code, is
  amended by adding Section 161.2081 to read as follows:
         Sec. 161.2081.  NOTICE OF TERMINATION FOR CERTAIN RELATIVES.
  Immediately after a court renders an order terminating the
  parent-child relationship in a suit filed by the Department of
  Family and Protective Services, the department shall notify each
  individual described by Section 102.006(c) who has been identified
  under Section 262.1095 that:
               (1)  the parent-child relationship has been
  terminated; and 
               (2)  the individual has 90 days after the date the order
  is rendered to file an original suit or a suit for modification
  requesting managing conservatorship of the child in accordance with
  Section 102.006(c).
         SECTION 2.  Section 262.1095, Family Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d-1) to
  read as follows:
         (a)  When the Department of Family and Protective Services or
  another agency takes possession of a child under this chapter, the
  department:
               (1)  shall provide information as prescribed by this
  section in writing to each adult the department is able to identify
  and locate who is:
                     (A)  related to the child within the third degree
  by consanguinity as determined under Chapter 573, Government Code;
                     (B)  an adult relative of the alleged father of
  the child if the department has a reasonable basis to believe the
  alleged father is the child's biological father; or
                     (C)  identified as a potential relative or
  designated caregiver, as defined by Section 264.751, on the
  proposed child placement resources form provided under Section
  261.307; and
               (2)  may provide information as prescribed by this
  section to each adult the department is able to identify and locate
  who has a long-standing and significant relationship with the
  child.
         (b)  The information provided under Subsection (a) must:
               (1)  state that the child has been removed from the
  child's home and is in the temporary managing conservatorship of
  the department;
               (2)  explain the options available to the individual to
  participate in the care and placement of the child and the support
  of the child's family, the methods by which the individual may
  exercise those options, and any requirements the individual must
  satisfy to exercise those options, including:
                     (A)  the requirement that the individual be
  evaluated by the Department of Family and Protective Services under
  Section 262.114 before the individual may serve as a substitute
  caregiver; and
                     (B)  the deadlines before which the individual
  must respond to exercise those options;
               (3)  identify the [state that some] options available
  to the individual that may be lost if the individual fails to
  respond in a timely manner; [and]
               (4)  include, if applicable, the date, time, and
  location of the hearing under Subchapter C, Chapter 263; and
               (5)  include information regarding the procedures and
  timeline for a suit affecting the parent-child relationship under
  this chapter.
         (d-1)  Immediately after the Department of Family and
  Protective Services identifies and locates an individual described
  by Subsection (a)(1), the department shall provide the information
  required by this section.
         SECTION 3.  The changes in law made by this Act apply only to
  a suit affecting the parent-child relationship filed on or after
  the effective date of this Act. A suit affecting the parent-child
  relationship filed before the effective date of this Act is
  governed by the law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         SECTION 4.  This Act takes effect September 1, 2021.