LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 88TH LEGISLATIVE REGULAR SESSION

April 17, 2023

TO:	Honorable Lois W. Kolkhorst, Chair, Senate Committee on Health & Human Services
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB2591 by West (Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.), As Introduced

The fiscal implications of the bill cannot be determined due to the unknown number of children that would be affected by prohibiting the use of temporary emergency care. 

The bill would allow a court to enter an order appointing the department and the child's parent or legal guardian as joint managing conservators of the child in certain circumstances. The bill would also prohibit a child and the child's parent or legal guardian in a joint managing conservatorship from receiving temporary emergency care. 

According to the Department of Family and Protective Services (DFPS), the agency utilizes temporary emergency placements when there is no safe and appropriate placement available. The agency is unable to determine how many children would be affected by prohibiting the use of temporary emergency placements. DFPS also indicated that they are unsure who would attend to the child's needs if the child cannot safely remain in their home and another placement cannot be located. 

It is assumed any costs to the Office of Court Administration could be absorbed within exiting resources. 

Local Government Impact

No fiscal implication to units of local government is anticipated.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 530 Family and Protective Services, Department of

LBB Staff:

JMc, NPe, ER, AN, NV