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AN ACT
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relating to a review of a person's disqualification to serve as a |
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relative or other designated caregiver for a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.754, Family Code, is amended to read |
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as follows: |
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Sec. 264.754. ASSESSMENT [INVESTIGATION] OF PROPOSED |
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PLACEMENT. (a) In this section, "low-risk criminal offense" means |
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a nonviolent criminal offense, including a fraud-based offense, the |
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department determines has a low risk of impacting: |
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(1) a child's safety or well-being; or |
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(2) the stability of a child's placement with a |
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relative or other designated caregiver. |
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(b) Before placing a child with a proposed relative or other |
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designated caregiver, the department must conduct an assessment |
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[investigation] to determine whether the proposed placement is in |
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the child's best interest. |
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(c) If the department disqualifies a person from serving as |
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a relative or other designated caregiver for a child on the basis |
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that the person has been convicted of a low-risk criminal offense, |
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the person may appeal the disqualification in accordance with the |
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procedure developed under Subsection (d). |
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(d) The department shall develop: |
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(1) a list of criminal offenses the department |
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determines are low-risk criminal offenses; and |
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(2) a procedure for appropriate regional |
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administration of the department to review a decision to disqualify |
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a person from serving as a relative or other designated caregiver |
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that includes the consideration of: |
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(A) when the person's conviction occurred; |
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(B) whether the person has multiple convictions |
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for low-risk criminal offenses; and |
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(C) the likelihood that the person will commit |
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fraudulent activity in the future. |
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(e) The department shall: |
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(1) publish the list of low-risk criminal offenses and |
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information regarding the review procedure developed under |
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Subsection (d) on the department's Internet website; and |
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(2) provide prospective relative and other designated |
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caregivers information regarding the review procedure developed |
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under Subsection (d). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |
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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. 879 passed the Senate on |
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May 3, 2017, by the following vote: Yeas 27, Nays 4. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 879 passed the House on |
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May 21, 2017, by the following vote: Yeas 75, Nays 66, one |
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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 |