S.B. No. 614

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