88R8949 AMF-F
 
  By: Campos H.B. No. 2150
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to examinations for certain children in the
  conservatorship of the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 264.1076, Family Code, is amended by
  amending Subsections (b), (c), (e), and (i) and adding Subsection
  (b-1) to read as follows:
         (b)  The department shall ensure that each child described by
  Subsection (a) receives an initial medical examination, including a
  comprehensive physical examination, from a physician or other
  health care provider authorized under state law to conduct medical
  examinations not later than the end of the third business day after
  the date the child is removed from the child's home. Not later than
  the end of the 10th day after the date the child is removed from the
  child's home, the department shall ensure the child receives [, if
  the child]:
               (1)  a dental examination, from a person licensed to
  practice dentistry in this state, if the child is at least six
  months of age [is removed as the result of sexual abuse, physical
  abuse, or an obvious physical injury to the child]; [or]
               (2)  a comprehensive eye examination, from a person
  licensed to practice optometry in this state, if the child is at
  least six months of age; and
               (3)  a psychological examination from a person licensed
  to engage in the practice of psychology in this state, if the child
  is at least four years of age [has a chronic medical condition, a
  medically complex condition, or a diagnosed mental illness].
         (b-1)  If a child described by Subsection (a) is missing from
  the home of the child's substitute care provider for 30 or more
  consecutive days, the department must ensure that not later than
  the end of the third business day after the child returns to the
  care and control of the department, the child receives:
               (1)  a medical examination, including a comprehensive
  physical examination, from a physician or other health care
  provider authorized under state law to conduct medical
  examinations; and
               (2)  a psychological examination, from a person
  licensed to engage in the practice of psychology in this state, if
  the child is at least four years of age.
         (c)  Notwithstanding Subsection (b) or (b-1), the department
  shall ensure that any child who enters the conservatorship of the
  department receives any necessary emergency medical care as soon as
  possible.
         (e)  Whenever possible, the department shall schedule the
  examinations required under this section [medical examination] for
  a child before the last [business] day of the appropriate time frame
  provided under Subsection (b) or (b-1).
         (i)  Not later than the 10th day of the month following each
  calendar quarter [December 31, 2019], the department shall submit a
  report to the standing committees of the house of representatives
  and the senate with primary jurisdiction over child protective
  services and foster care evaluating the statewide implementation of
  the medical examination required by this section for the preceding
  calendar quarter. The report must include the level of compliance
  with the requirements of this section in each region of the state.
         SECTION 2.  Section 264.1076, Family Code, as amended by
  this Act, applies to a child who enters the conservatorship of the
  Department of Family and Protective Services or is returned to the
  care and control of the department after being missing from the home
  of the child's substitute care provider on or after the effective
  date of this Act. A child who entered the conservatorship of the
  department or who was returned to the care and control of the
  department before the effective date of this Act is governed by the
  law in effect on the date the child entered the conservatorship of
  the department or was returned to the care and control of the
  department, and the former law is continued in effect for that
  purpose.
         SECTION 3.  This Act takes effect September 1, 2023.