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A BILL TO BE ENTITLED
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AN ACT
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relating to the temporary emergency care of 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 264.107, Family Code, is amended by |
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amending Subsection (g) and adding Subsection (h) to read as |
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follows: |
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(g) If the department or single source continuum contractor |
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is unable to find an appropriate placement for a child, an employee |
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of the department or contractor who has on file with the department |
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or contractor, as applicable, a background and criminal history |
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check may provide temporary emergency care for the child. The |
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employee may not provide emergency care under this subsection in |
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the employee's residence. The department or contractor shall |
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provide notice to the court for a child placed in temporary care |
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under this subsection not later than the next [business] day after |
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the date the child is placed in temporary care. |
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(h) The department may enter into a residential lease |
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contract for the purpose of providing temporary emergency care |
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under Subsection (g). Placement of a child in a residence under |
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this subsection is not a substitute for an appropriate placement |
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and the department or single source continuum contractor shall |
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continue to make best efforts to find an appropriate placement for |
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the child. The department shall maintain a database of leased |
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residences available for the provision of temporary emergency care. |
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SECTION 2. Section 264.1071, Family Code, is amended to |
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read as follows: |
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Sec. 264.1071. OFFICE AND HOTEL STAYS PROHIBITED. (a) In |
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this section, "hotel" means a building in which members of the |
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public obtain temporary lodging for a fee. The term includes a |
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motel. |
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(b) The department may not allow a child under temporary |
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emergency care to stay overnight in a department office or hotel. |
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SECTION 3. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect September 1, 2023. |
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(b) The changes in law made by this Act to Section 264.1071, |
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Family Code, take effect March 1, 2024. |