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A BILL TO BE ENTITLED
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AN ACT
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relating to certain placements for children in the conservatorship |
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of the Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.1095(a), Family Code, is amended to |
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read as follows: |
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(a) 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: |
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(1) shall provide information as prescribed by this |
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section to each adult the department is able to identify and locate |
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who is: |
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(A) related to the child within the fourth |
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[third] degree by consanguinity as determined under Chapter 573, |
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Government Code; |
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(B) an adult relative of the alleged father of |
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the child if the department has a reasonable basis to believe the |
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alleged father is the child's biological father; or |
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(C) identified as a potential relative or |
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designated caregiver, as defined by Section 264.751, on the |
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proposed child placement resources form provided under Section |
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261.307; and |
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(2) may provide information as prescribed by this |
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section to each adult the department is able to identify and locate |
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who has a long-standing and significant relationship with the |
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child. |
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SECTION 2. Section 262.114, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In making a placement decision for a child, the |
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department shall give preference to persons in the following order: |
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(1) a person related to the child by blood, marriage, |
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or adoption; |
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(2) a person with whom the child has a long-standing |
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and significant relationship; |
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(3) a foster home; and |
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(4) a general residential operation. |
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SECTION 3. Section 264.752, Family Code, is amended by |
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adding Subsections (b) and (b-1) to read as follows: |
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(b) Except as provided by Subsection (b-1), the department |
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may not place a child with a relative or other designated caregiver |
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under the program, unless the child's parent or other person having |
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legal custody of the child, other than the department, consents to |
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the placement. The parent or other person having legal custody of |
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the child may withdraw consent at any time. |
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(b-1) The department may place a child with a relative or |
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other designated caregiver under the program without the consent of |
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the child's parent or other person having legal custody of the child |
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if a court determines that the child's parent or other person having |
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legal custody of the child is unreasonably withholding consent to |
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the placement. |
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SECTION 4. This Act takes effect September 1, 2021. |