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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures relating to children placed under a |
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parental child safety placement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.902, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (e), (f), (g), (h), |
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(i), and (j) to read as follows: |
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(a) A parental child safety placement agreement must |
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include terms that clearly state: |
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(1) the respective duties of the person making the |
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placement and the caregiver, including a plan for how the caregiver |
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will access necessary medical treatment for the child and the |
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caregiver's duty to ensure that a school-age child is enrolled in |
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and attending school; |
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(2) the conditions under which the person placing the |
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child may have access to and communicate with the child, including: |
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(A) how often the person may visit and |
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communicate with the child; and |
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(B) the circumstances under which and methods by |
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which the person's visit and communication may occur; |
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(3) the duties of the department; |
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(4) subject to Subsection (e), the date on which the |
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agreement will terminate unless terminated sooner or extended to a |
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subsequent date as provided under department policy; and |
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(5) any other term the department determines necessary |
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for the safety and welfare of the child. |
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(e) A parental child safety placement agreement |
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automatically terminates on the earlier of the 30th day after the |
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date: |
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(1) the agreement is signed; or |
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(2) the child is placed with the caregiver. |
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(f) On the expiration of a parental child safety placement |
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agreement, the department may for good cause enter into not more |
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than one additional parental child safety placement agreement for |
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the child. On entering the parental child safety placement |
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agreement, the department shall: |
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(1) reevaluate the terms and conditions of the |
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original agreement; and |
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(2) notify the parents of their right to: |
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(A) refuse to enter into the agreement; and |
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(B) be represented by an attorney or a |
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court-appointed attorney if the parent is indigent if the |
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department subsequently seeks a court order to require the parents |
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to participate in services. |
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(g) The department shall provide existing resources to a |
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caregiver who enters into a parental child safety placement |
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agreement to assist with maintaining the safety and meeting the |
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needs of the child. The department may not withdraw approval for a |
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parental child safety placement agreement based solely on a |
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caregiver's use of department resources as a means to maintain the |
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placement. |
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(h) A caregiver who enters into a parental child safety |
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placement agreement may use a relative or friend of the caregiver to |
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assist with caregiving as a means to maintain the placement if the |
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department has: |
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(1) completed a background check on the person; and |
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(2) approved the person to provide the assistance. |
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(i) A requirement of a parental child safety placement |
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agreement may not impose an unreasonable burden on the child, the |
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child's parent or legal guardian, or a caregiver who is the subject |
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of or a party to the agreement. |
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(j) The department shall consider trauma-informed practices |
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in developing the parental child safety placement agreement. |
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SECTION 2. Subchapter L, Chapter 264, Family Code, is |
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amended by adding Sections 264.907 and 264.908 to read as follows: |
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Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD |
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SAFETY PLACEMENTS. The department shall, where appropriate, |
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include children who are separated from a parent or legal guardian |
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under a parental child safety placement agreement in any report, |
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including reports submitted to the United States Department of |
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Health and Human Services or another federal agency. |
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Sec. 264.908. REPORT ON COURT-ORDERED PARTICIPATION IN |
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SERVICES. The department shall report the number of cases in which |
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a court under Section 264.203 orders the parent, managing |
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conservator, guardian, or other member of the child's household of |
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a child who is placed with a caregiver under a parental child safety |
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placement to participate in services. |
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SECTION 3. This Act takes effect September 1, 2023. |