S.B. No. 2385
 
 
 
 
AN ACT
  relating to information regarding the relative or designated
  caregivers for a child in the managing conservatorship of the
  state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 262.114, Family Code, is amended by
  adding Subsections (a-1) and (a-2) to read as follows:
         (a-1)  At the full adversary hearing under Section 262.201,
  the department shall, after redacting any social security numbers,
  file with the court:
               (1)  a copy of each proposed child placement resources
  form completed by the parent or other person having legal custody of
  the child;
               (2)  a copy of any completed home study performed under
  Subsection (a); and
               (3)  the name of the relative or other designated
  caregiver, if any, with whom the child has been placed.
         (a-2)  If the child has not been placed with a relative or
  other designated caregiver by the time of the full adversary
  hearing under Section 262.201, the department shall file with the
  court a statement that explains:
               (1)  the reasons why the department has not placed the
  child with a relative or other designated caregiver listed on the
  proposed child placement resources form; and
               (2)  the actions the department is taking, if any, to
  place the child with a relative or other designated caregiver.
         SECTION 2.  Subsection (c), Section 262.201, Family Code, is
  amended to read as follows:
         (c)  If the court finds sufficient evidence to satisfy a
  person of ordinary prudence and caution that there is a continuing
  danger to the physical health or safety of the child and for the
  child to remain in the home is contrary to the welfare of the child,
  the court shall issue an appropriate temporary order under Chapter
  105.  The court shall require each parent, alleged father, or
  relative of the child before the court to complete [submit] the
  proposed child placement resources form provided under Section
  261.307 and file the form with the court, if the form has not been
  previously filed with the court [provided], and provide the
  Department of Family and Protective Services with information
  necessary to locate any other absent parent, alleged father, or
  relative of the child.  The court shall inform each parent, alleged
  father, or relative of the child before the court that the person's
  failure to submit the proposed child placement resources form will
  not delay any court proceedings relating to the child.  The court
  shall inform each parent in open court that parental and custodial
  rights and duties may be subject to restriction or to termination
  unless the parent or parents are willing and able to provide the
  child with a safe environment.  If the court finds that the child
  requires protection from family violence by a member of the child's
  family or household, the court shall render a protective order
  under Title 4 for the child.  In this subsection, "family violence"
  has the meaning assigned by Section 71.004.
         SECTION 3.  Subchapter A, Chapter 263, Family Code, is
  amended by adding Section 263.003 to read as follows:
         Sec. 263.003.  INFORMATION RELATING TO PLACEMENT OF CHILD.
  (a)  Except as provided by Subsection (b), not later than the 10th
  day before the date set for a hearing under this chapter, the
  department shall file with the court any document described by
  Sections 262.114(a-1) and (a-2) that has not been filed with the
  court.
         (b)  The department is not required to file the documents
  required by Subsection (a) if the child is in an adoptive placement
  or another placement that is intended to be permanent.
         SECTION 4.  Subsections (a-1) and (a-2), Section 262.114,
  and Section 263.003, Family Code, as added by this Act, apply only
  to a suit affecting the parent-child relationship filed by the
  Department of Family and Protective Services on or after the
  effective date of this Act.  A suit filed before the effective date
  of this Act is governed by the law in effect on the date the suit was
  filed, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect September 1, 2009.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 2385 passed the Senate on
  April 30, 2009, by the following vote:  Yeas 31, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 2385 passed the House on
  May 27, 2009, by the following vote:  Yeas 148, Nays 0, one
  present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor