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A BILL TO BE ENTITLED
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AN ACT
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relating to the notice provided to certain persons concerning |
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children in the managing conservatorship of the Department of |
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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 264.018, Family Code, is amended by |
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amending Subsections (d), (e), (f), and (g) and adding Subsections |
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(h-1) and (m) to read as follows: |
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(d) Not later than 24 hours after an event described by this |
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subsection, the department shall make a reasonable effort to notify |
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a parent of a child in the managing conservatorship of the |
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department and the attorney of a parent who is represented by an |
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attorney of: |
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(1) a significant change in medical condition of the |
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child; |
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(2) the enrollment or participation of the child in a |
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drug research program under Section 266.0041; [and] |
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(3) an initial prescription of a psychotropic |
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medication; and |
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(4) a change in the child's placement. |
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(e) Not later than 48 hours before the department changes |
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the residential child-care facility of a child in the managing |
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conservatorship of the department, the department shall provide |
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notice of the change to: |
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(1) the child's parent and the attorney of a parent who |
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is represented by an attorney; |
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(2) an attorney ad litem appointed for the child under |
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Chapter 107; |
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(3) a guardian ad litem appointed for the child under |
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Chapter 107; |
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(4) a volunteer advocate appointed for the child under |
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Chapter 107; and |
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(5) the licensed administrator of the child-placing |
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agency responsible for placing the child or the licensed |
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administrator's designee. |
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(f) Except as provided by Subsection (d-1), as soon as |
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possible but not later than 48 hours [the 10th day] after [the date] |
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the department becomes aware of a significant event affecting a |
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child in the conservatorship of the department, the department |
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shall provide notice of the significant event to: |
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(1) the child's parent and the attorney of a parent who |
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is represented by an attorney; |
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(2) an attorney ad litem appointed for the child under |
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Chapter 107; |
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(3) a guardian ad litem appointed for the child under |
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Chapter 107; |
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(4) a volunteer advocate appointed for the child under |
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Chapter 107; |
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(5) the licensed administrator of the child-placing |
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agency responsible for placing the child or the licensed |
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administrator's designee; |
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(6) a foster parent, prospective adoptive parent, |
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relative of the child providing care to the child, or director of |
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the group home or general residential operation where the child is |
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residing; and |
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(7) any other person determined by a court to have an |
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interest in the child's welfare. |
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(g) For purposes of Subsection (f), if a hearing for the |
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child is conducted during the 48-hour [10-day] notice period |
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described by that subsection, the department shall provide notice |
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of the significant event at the hearing. |
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(h-1) Notwithstanding Subsection (h), the department shall |
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provide notice under this section to the attorney of a parent who is |
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represented by an attorney if: |
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(1) the department cannot locate the parent; or |
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(2) the child is in the permanent managing |
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conservatorship of the department and the parent has not |
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participated in the child's case for at least six months despite the |
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department's efforts to involve the parent. |
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(m) The department shall document in the child's case record |
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all notifications and attempted notifications made under this |
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section. |
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SECTION 2. This Act takes effect on the 91st day after the |
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last day of the legislative session. |