Bill Text: TX HB3175 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to notice to certain persons that a child is in the managing conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-03-18 - Referred to Human Services [HB3175 Detail]
Download: Texas-2011-HB3175-Introduced.html
82R9857 TJB-F | ||
By: Parker | H.B. No. 3175 |
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relating to notice to certain persons that a child is 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. Subchapter B, Chapter 262, Family Code, is | ||
amended by adding Section 262.1095 to read as follows: | ||
Sec. 262.1095. NOTICE TO RELATIVES AND CERTAIN INDIVIDUALS; | ||
INVESTIGATION. (a) When the Department of Family and Protective | ||
Services or another agency takes possession of a child under this | ||
chapter, the department shall give written notice as prescribed by | ||
this section to each of the following individuals the department is | ||
able to identify and locate: | ||
(1) each adult who is related or is alleged to be | ||
related to the child within the third degree by consanguinity or the | ||
second degree by affinity as determined under Chapter 573, | ||
Government Code; and | ||
(2) each adult who has a long-standing and significant | ||
relationship with the child. | ||
(b) The written notice must include: | ||
(1) a statement that the child has been removed from | ||
the child's home and is in the temporary managing conservatorship | ||
of the department; | ||
(2) an explanation of the options available to the | ||
individual to participate in the care and placement of the child and | ||
the support of the child's family; and | ||
(3) a statement that some options available to the | ||
individual may be lost if the individual fails to respond to the | ||
notice in a timely manner. | ||
(c) The department is not required to provide notice to an | ||
individual if the department determines that the individual's | ||
history of family violence makes notification inappropriate. | ||
(d) The department shall conduct an investigation to | ||
identify and locate all individuals entitled to notice under this | ||
section. The department shall complete the investigation not later | ||
than the 30th day after the date the child is taken into possession. | ||
(e) The department shall use due diligence in conducting the | ||
investigation under this section, including interviewing: | ||
(1) each individual the department identifies and | ||
locates; and | ||
(2) the child in an age-appropriate manner about | ||
adults who may have a long-standing and significant relationship | ||
with the child. | ||
SECTION 2. Subchapter A, Chapter 263, Family Code, is | ||
amended by adding Section 263.007 to read as follows: | ||
Sec. 263.007. NOTIFICATION OF RELATIVE AFFIDAVIT. Not | ||
later than the 10th day before the date set for a hearing under | ||
Subchapter C, the department shall file with the court an affidavit | ||
stating: | ||
(1) the efforts the department made to identify, | ||
locate, and notify the individuals described by Section 262.1095; | ||
and | ||
(2) the name of each individual the department | ||
identified, located, or notified. | ||
SECTION 3. Section 263.202, Family Code, is amended by | ||
amending Subsection (b) and adding Subsection (f) to read as | ||
follows: | ||
(b) Except as provided by Subsections [ |
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(f), a status hearing shall be limited to matters related to the | ||
contents and execution of the service plan filed with the | ||
court. The court shall review the service plan that the department | ||
or other agency filed under this chapter for reasonableness, | ||
accuracy, and compliance with requirements of court orders and make | ||
findings as to whether: | ||
(1) a plan that has the goal of returning the child to | ||
the child's parents adequately ensures that reasonable efforts are | ||
made to enable the child's parents to provide a safe environment for | ||
the child; and | ||
(2) the child's parents have reviewed and understand | ||
the service plan and have been advised that unless the parents are | ||
willing and able to provide the child with a safe environment, even | ||
with the assistance of a service plan, within the reasonable period | ||
of time specified in the plan, the parents' parental and custodial | ||
duties and rights may be subject to restriction or to termination | ||
under this code or the child may not be returned to the parents. | ||
(f) The court shall review the affidavit filed by the | ||
department under Section 263.007 and inquire into the sufficiency | ||
of the department's efforts to identify, locate, and notify | ||
relatives and alleged relatives of the child and adults who have a | ||
long-standing and significant relationship with the child. The | ||
court shall order the department to make further efforts to | ||
identify, locate, and notify relatives and alleged relatives of the | ||
child and adults who have a long-standing and significant | ||
relationship with the child if the court determines that the | ||
department's efforts have not been sufficient. | ||
SECTION 4. The changes in law made by this Act apply only to | ||
a child taken into possession by the Department of Family and | ||
Protective Services or another agency on or after the effective | ||
date of this Act. A child taken into possession before that date is | ||
governed by the law in effect on the date the child is taken into | ||
possession, and the former law is continued in effect for that | ||
purpose. | ||
SECTION 5. This Act takes effect September 1, 2011. |