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A BILL TO BE ENTITLED
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AN ACT
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relating to examinations for certain children in the |
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conservatorship of the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.1076, Family Code, is amended by |
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amending Subsections (b), (c), (e), and (i) and adding Subsection |
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(b-1) to read as follows: |
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(b) The department shall ensure that each child described by |
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Subsection (a) receives an initial medical examination, including a |
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comprehensive physical examination, from a physician or other |
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health care provider authorized under state law to conduct medical |
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examinations not later than the end of the third business day after |
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the date the child is removed from the child's home. Not later than |
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the end of the 10th day after the date the child is removed from the |
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child's home, the department shall ensure the child receives [, if |
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the child]: |
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(1) a dental examination, from a person licensed to |
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practice dentistry in this state, if the child is at least six |
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months of age [is removed as the result of sexual abuse, physical |
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abuse, or an obvious physical injury to the child]; [or] |
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(2) a comprehensive eye examination, from a person |
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licensed to practice optometry in this state, if the child is at |
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least six months of age; and |
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(3) a psychological examination from a person licensed |
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to engage in the practice of psychology in this state, if the child |
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is at least four years of age [has a chronic medical condition, a |
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medically complex condition, or a diagnosed mental illness]. |
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(b-1) If a child described by Subsection (a) is missing from |
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the home of the child's substitute care provider for 30 or more |
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consecutive days, the department must ensure that not later than |
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the end of the third business day after the child returns to the |
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care and control of the department, the child receives: |
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(1) a medical examination, including a comprehensive |
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physical examination, from a physician or other health care |
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provider authorized under state law to conduct medical |
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examinations; and |
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(2) a psychological examination, from a person |
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licensed to engage in the practice of psychology in this state, if |
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the child is at least four years of age. |
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(c) Notwithstanding Subsection (b) or (b-1), the department |
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shall ensure that any child who enters the conservatorship of the |
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department receives any necessary emergency medical care as soon as |
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possible. |
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(e) Whenever possible, the department shall schedule the |
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examinations required under this section [medical examination] for |
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a child before the last [business] day of the appropriate time frame |
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provided under Subsection (b) or (b-1). |
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(i) Not later than the 10th day of the month following each |
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calendar quarter [December 31, 2019], the department shall submit a |
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report to the standing committees of the house of representatives |
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and the senate with primary jurisdiction over child protective |
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services and foster care evaluating the statewide implementation of |
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the medical examination required by this section for the preceding |
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calendar quarter. The report must include the level of compliance |
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with the requirements of this section in each region of the state. |
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SECTION 2. Section 264.1076, Family Code, as amended by |
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this Act, applies to a child who enters the conservatorship of the |
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Department of Family and Protective Services or is returned to the |
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care and control of the department after being missing from the home |
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of the child's substitute care provider on or after the effective |
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date of this Act. A child who entered the conservatorship of the |
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department or who was returned to the care and control of the |
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department before the effective date of this Act is governed by the |
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law in effect on the date the child entered the conservatorship of |
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the department or was returned to the care and control of the |
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department, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |