88R14260 AMF-D
 
  By: Gervin-Hawkins H.B. No. 4157
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the notification of certain persons concerning certain
  events related to children in the managing conservatorship of the
  Department of Family and Protective Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 264.018, Family Code, is amended by
  amending Subsections (d), (e), (f), and (g) and adding Subsections
  (h-1) and (m) to read as follows:
         (d)  Not later than 24 hours after an event described by this
  subsection, the department shall make a reasonable effort to notify
  a parent of a child in the managing conservatorship of the
  department and the parent's attorney, if represented by an attorney
  of:
               (1)  a significant change in medical condition of the
  child;
               (2)  the enrollment or participation of the child in a
  drug research program under Section 266.0041; [and]
               (3)  an initial prescription of a psychotropic
  medication; and
               (4)  a change in the child's placement.
         (e)  Not later than 48 hours before the department changes
  the residential child-care facility of a child in the managing
  conservatorship of the department, the department shall provide
  notice of the change to:
               (1)  the child's parent and the parent's attorney, if
  represented by an attorney;
               (2)  an attorney ad litem appointed for the child under
  Chapter 107;
               (3)  a guardian ad litem appointed for the child under
  Chapter 107;
               (4)  a volunteer advocate appointed for the child under
  Chapter 107; and
               (5)  the licensed administrator of the child-placing
  agency responsible for placing the child or the licensed
  administrator's designee.
         (f)  Except as provided by Subsection (d-1), as soon as
  possible but not later than 48 hours [the 10th day] after [the date]
  the department becomes aware of a significant event affecting a
  child in the conservatorship of the department, the department
  shall provide notice of the significant event to:
               (1)  the child's parent and the parent's attorney, if
  represented by an attorney;
               (2)  an attorney ad litem appointed for the child under
  Chapter 107;
               (3)  a guardian ad litem appointed for the child under
  Chapter 107;
               (4)  a volunteer advocate appointed for the child under
  Chapter 107;
               (5)  the licensed administrator of the child-placing
  agency responsible for placing the child or the licensed
  administrator's designee;
               (6)  a foster parent, prospective adoptive parent,
  relative of the child providing care to the child, or director of
  the group home or general residential operation where the child is
  residing; and
               (7)  any other person determined by a court to have an
  interest in the child's welfare.
         (g)  For purposes of Subsection (f), if a hearing for the
  child is conducted during the 48-hour [10-day] notice period
  described by that subsection, the department shall provide notice
  of the significant event at the hearing.
         (h-1)  Notwithstanding Subsection (h), the department shall
  provide notice under this section to a parent's attorney if the
  parent is represented by an attorney if:
               (1)  the department cannot locate the parent; or
               (2)  the child is in the permanent managing
  conservatorship of the department and the parent has not
  participated in the child's case for at least six months despite the
  department's efforts to involve the parent.
         (m)  The department shall document all notifications and
  attempted notifications made under this section in the child's case
  record. 
         SECTION 2.  This Act takes effect September 1, 2023.