BILL ANALYSIS
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Senate Research Center |
H.B. 694 |
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89R3637 AMF-D |
By: Gervin-Hawkins; Lujan (Cook) |
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Health & Human Services |
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5/12/2025 |
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Engrossed |
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under Section 264.018 of the Family Code, the Department of Family and Protective Services (DFPS) is required to notify specific parties about significant events (e.g., placement change, disciplinary event, change in medical condition) in a child's life within 10 days of awareness. The current 10-day notification window is too long given the severity of these events. For example, if a child takes a firearm to school, current law would allow DFPS to notify the parent up to 10 days later. Additionally, the list of parties requiring notification does not include attorneys of parents, causing legal representatives to miss critical information about their clients' children and cases.
H.B. 694 promotes transparency in DFPS operations and ensures timely communication with parents and stakeholders to protect the best interests of children in DFPS care. The bill shortens the significant event notification timeframe from ten days to 48 hours, adds "change in child's placement" to the existing 24-hour notification requirement required by Section 264.018, expands the list of parties notified to include attorneys of parents, requires DFPS to document all notification attempts in the child's case file, and ensures timely notifications at court hearings, allowing judges to be aware of important developments.
During the hearing in the House on March 25th, the bill received broad support from child advocacy groups, including Texas CASA, Texans Care for Children, Texas Network of Youth Services, Children at Risk, and more. No one registered in opposition to the bill.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 264.018, Family Code, by amending Subsections (d), (e), (f), and (g), and adding Subsections (h-1) and (m), as follows:
(d) Requires the Department of Family and Protective Services (DFPS), not later than 24 hours after an event described by this subsection, to make a reasonable effort to notify a parent of a child in the managing conservatorship of DFPS and the parent's attorney, if represented by an attorney, of certain changes, including a change in the child's placement. Makes nonsubstantive changes.
(e) Requires DFPS, not later than 48 hours before DFPS changes the residential child-care facility of a child in the managing conservatorship of DFPS, to provide notice of the change to certain entities, including the child's parent and the parent's attorney, if represented by an attorney.
(f) Requires DFPS, except as provided by Subsection (d-1) (relating to requiring DFPS to give notice of the placement change of a child in the conservatorship of DFPS to the managed care organization that provides health care services to the child under the STAR Health program), as soon as possible but not later than 48 hours after DFPS becomes aware of a significant event affecting a child in DFPS conservatorship, rather than the 10th day after the date DFPS becomes aware, to provide notice of the significant event to certain entities, including the child's parent and the parent's attorney, if represented by an attorney.
(g) Makes a conforming change to this subsection.
(h-1) Requires DFPS, notwithstanding Subsection (h) (relating to providing that DFPS is not required to provide notice to a parent of a child in the managing conservatorship of DFPS if certain conditions are met), to provide notice under Section 264.018 (Required Notifications) to a parent's attorney if the parent is represented by an attorney if DFPS cannot locate the parent or the child is in the permanent managing conservatorship of DFPS and the parent has not participated in the child's case for at least six months despite DFPS's efforts to involve the parent.
(m) Requires DFPS to document all notifications and attempted notifications made under this section in the child's case record.
SECTION 2. Effective date: September 1, 2025.