Bill Text: TX HB30 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the notice provided to certain persons concerning children in the managing conservatorship of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-06 - Filed [HB30 Detail]
Download: Texas-2023-HB30-Introduced.html
| 88S30022 AMF-D | ||
| By: Gervin-Hawkins | H.B. No. 30 | |
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| relating to the notice provided to certain persons concerning | ||
| children 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. Section 264.018, Family Code, is amended by | ||
| amending Subsections (d), (e), (f), and (g) and adding Subsections | ||
| (h-1) and (m) to read as follows: | ||
| (d) Not later than 24 hours after an event described by this | ||
| subsection, the department shall make a reasonable effort to notify | ||
| a parent of a child in the managing conservatorship of the | ||
| department and the attorney of a parent who is represented by an | ||
| attorney of: | ||
| (1) a significant change in medical condition of the | ||
| child; | ||
| (2) the enrollment or participation of the child in a | ||
| drug research program under Section 266.0041; [ |
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| (3) an initial prescription of a psychotropic | ||
| medication; and | ||
| (4) a change in the child's placement. | ||
| (e) Not later than 48 hours before the department changes | ||
| the residential child-care facility of a child in the managing | ||
| conservatorship of the department, the department shall provide | ||
| notice of the change to: | ||
| (1) the child's parent and the attorney of a parent who | ||
| is represented by an attorney; | ||
| (2) an attorney ad litem appointed for the child under | ||
| Chapter 107; | ||
| (3) a guardian ad litem appointed for the child under | ||
| Chapter 107; | ||
| (4) a volunteer advocate appointed for the child under | ||
| Chapter 107; and | ||
| (5) the licensed administrator of the child-placing | ||
| agency responsible for placing the child or the licensed | ||
| administrator's designee. | ||
| (f) Except as provided by Subsection (d-1), as soon as | ||
| possible but not later than 48 hours [ |
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| the department becomes aware of a significant event affecting a | ||
| child in the conservatorship of the department, the department | ||
| shall provide notice of the significant event to: | ||
| (1) the child's parent and the attorney of a parent who | ||
| is represented by an attorney; | ||
| (2) an attorney ad litem appointed for the child under | ||
| Chapter 107; | ||
| (3) a guardian ad litem appointed for the child under | ||
| Chapter 107; | ||
| (4) a volunteer advocate appointed for the child under | ||
| Chapter 107; | ||
| (5) the licensed administrator of the child-placing | ||
| agency responsible for placing the child or the licensed | ||
| administrator's designee; | ||
| (6) a foster parent, prospective adoptive parent, | ||
| relative of the child providing care to the child, or director of | ||
| the group home or general residential operation where the child is | ||
| residing; and | ||
| (7) any other person determined by a court to have an | ||
| interest in the child's welfare. | ||
| (g) For purposes of Subsection (f), if a hearing for the | ||
| child is conducted during the 48-hour [ |
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| described by that subsection, the department shall provide notice | ||
| of the significant event at the hearing. | ||
| (h-1) Notwithstanding Subsection (h), the department shall | ||
| provide notice under this section to the attorney of a parent who is | ||
| represented by an attorney if: | ||
| (1) the department cannot locate the parent; or | ||
| (2) the child is in the permanent managing | ||
| conservatorship of the department and the parent has not | ||
| participated in the child's case for at least six months despite the | ||
| department's efforts to involve the parent. | ||
| (m) The department shall document in the child's case record | ||
| all notifications and attempted notifications made under this | ||
| section. | ||
| SECTION 2. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
