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AN ACT
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relating to certain procedures relating to children placed under a |
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parental child safety placement. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.017, Family Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) In addition to the other reports required by this |
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section, the department shall publish a monthly report containing |
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the following information for the preceding month with respect to |
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parental child safety placement agreements: |
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(1) the number of children placed under a parental |
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child safety placement agreement; |
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(2) the average duration of a placement under a |
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parental child safety placement agreement; |
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(3) the average duration of a placement under a |
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parental child safety placement agreement during an investigation; |
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and |
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(4) the percentage of children removed from a |
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placement under a parental child safety placement agreement and |
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placed in the managing conservatorship of the department. |
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SECTION 2. Subchapter C, Chapter 264, Family Code, is |
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amended by adding Section 264.2032 to read as follows: |
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Sec. 264.2032. REPORT ON COURT-ORDERED PARTICIPATION IN |
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SERVICES. The department shall report the number of cases in which |
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a court under Section 264.203 orders the following persons with |
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respect to a child who is placed with a caregiver under a parental |
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child safety placement under Subchapter L to participate in |
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services: |
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(1) the child's parent; |
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(2) the child's managing conservator; |
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(3) the child's guardian; or |
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(4) another member of the child's household. |
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SECTION 3. Section 264.901, Family Code, is amended by |
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amending Subdivision (2) to read as follows: |
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(2) "Parental child safety placement" means any [a] |
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temporary out-of-home placement of a child with a caregiver that is |
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made by a parent or other person with whom the child resides in |
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accordance with a written agreement approved by the department that |
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ensures the safety of the child: |
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(A) during an investigation by the department of |
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alleged abuse or neglect of the child; or |
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(B) while the parent or other person is receiving |
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services from the department. |
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SECTION 4. Section 264.902, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (e), (f), (g), (h), |
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(i), and (j) to read as follows: |
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(a) A parental child safety placement agreement must |
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include terms that clearly state: |
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(1) the respective duties of the person making the |
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placement and the caregiver, including a plan for how the caregiver |
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will access necessary medical treatment for the child and the |
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caregiver's duty to ensure that a school-age child is enrolled in |
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and attending school; |
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(2) conditions under which the person placing the |
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child may have access to the child, including how often the person |
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may visit and the circumstances under which the person's visit may |
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occur; |
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(3) the duties of the department; |
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(4) subject to Subsection (f), the date on which the |
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agreement will terminate unless terminated sooner or extended to a |
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subsequent date as provided under department policy; and |
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(5) any other term the department determines necessary |
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for the safety and welfare of the child. |
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(e) Before a parent or other person making a parental child |
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safety placement and the caregiver enter into a parental child |
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safety placement agreement, the department shall notify each person |
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of the person's right to consult with an attorney and provide the |
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person with a reasonable time in which to do so. |
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(f) An initial parental child safety placement agreement |
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automatically terminates on the earlier of the 30th day after the |
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date: |
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(1) the agreement is signed; or |
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(2) the child is placed with the caregiver. |
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(g) On the expiration of a parental child safety placement |
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agreement, the department may for good cause enter into not more |
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than two additional parental child safety placement agreements for |
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the child. On entering an additional parental child safety |
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placement agreement under this subsection, the department shall: |
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(1) reevaluate the terms and conditions of the |
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original agreement; and |
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(2) notify the parents of their right to: |
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(A) refuse to enter into the agreement; and |
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(B) be represented by an attorney or a |
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court-appointed attorney if: |
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(i) the parent is indigent; and |
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(ii) the department subsequently seeks a |
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court order to require the parents to participate in services. |
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(h) An additional parental child safety placement agreement |
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described by Subsection (g) automatically terminates on the 30th |
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day after the date the agreement is signed. |
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(i) Notwithstanding Subsections (g) and (h), the department |
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may not place a child outside of the child's home under a parental |
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child safety placement for longer than 90 calendar days unless the |
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parental child safety placement agreement is signed by both the |
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parent and the parent's attorney or a court otherwise renders an |
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order regarding the placement under Chapter 262. This subsection |
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may not be construed to affect the duration of an agreement between |
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the department and the parent other than a parental child safety |
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placement agreement. |
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(j) A parental child safety placement agreement must |
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include the following language: "THIS AGREEMENT IS ENTIRELY |
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VOLUNTARY. THE AGREEMENT MAY NOT LAST LONGER THAN 30 DAYS. THE |
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AGREEMENT MAY BE RENEWED NOT MORE THAN TWO TIMES AND FOR NOT MORE |
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THAN 30 DAYS EACH TIME. A CHILD MAY NOT BE PLACED OUTSIDE OF THE |
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CHILD'S HOME FOR LONGER THAN A TOTAL OF 90 CALENDAR DAYS WITHOUT A |
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SIGNED AGREEMENT BY THE CHILD'S PARENT AND THE PARENT'S ATTORNEY OR |
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A COURT ORDER RENDERED UNDER CHAPTER 262." |
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SECTION 5. Subchapter L, Chapter 264, Family Code, is |
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amended by adding Section 264.907 to read as follows: |
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Sec. 264.907. INCLUSIONS IN REPORTS OF PARENTAL CHILD |
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SAFETY PLACEMENTS. The department shall, where appropriate: |
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(1) include children who are placed with a caregiver |
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under a parental child safety placement agreement in any report, |
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including reports submitted to the United States Department of |
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Health and Human Services or another federal agency, in which the |
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department is required to report the number of children in the child |
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protective services system who are removed from the children's |
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homes; and |
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(2) report the information described by Subdivision |
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(1) separately from information regarding the number of children |
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removed under a suit filed under Section 262.101 or 262.105. |
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SECTION 6. Section 264.902, Family Code, as amended by this |
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Act, applies only to a parental child safety placement agreement |
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executed on or after the effective date of this Act. A parental |
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child safety placement agreement executed before the effective date |
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of this Act is governed by the law in effect on the date the |
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agreement was executed, and the former law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 614 passed the Senate on |
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April 6, 2023, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 22, 2023, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 614 passed the House, with |
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amendment, on May 18, 2023, by the following vote: Yeas 145, |
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Nays 1, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |