HBA-LJP H.B. 1266 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1266
By: Dukes
Juvenile Justice & Family Issues
7/10/2001
Enrolled



BACKGROUND AND PURPOSE 

In a permanency hearing or a status hearing, the court is required to
determine whether sufficient information has been furnished to the
Department of Protective and Regulatory Services (PRS) to locate an absent
parent, but the court was not required to locate other relatives of the
child.  When a child is removed from a parent's home, it is traumatic to
the child.  Placement in a relative's home may help to combat these
feelings of trauma by providing people and surroundings that are familiar.
Because a relative of a child may have been unaware that the child had been
removed from custody of the parent or guardian and that the court often had
trouble locating a relative of the child, the placement of a child in the
home of a relative had sometimes been difficult.  House Bill 1266 requires
the court to determine whether sufficient information has been furnished to
PRS to locate an alleged father or relative of the child in an adversary
hearing, permanency hearing, and a status hearing. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1266 amends the Family Code to provide that the court in an
adversary hearing or status hearing shall require each parent, custodial
parent, alleged father, or relative of the child before the court to
provide the Department of Protective and Regulatory Services (PRS) all
available information necessary to locate another absent parent, alleged
father, or relative of the child.  In a permanency hearing, the bill
requires the court to review the efforts of each parent, custodial parent,
alleged father, or relative of the child in providing information to locate
another absent parent, alleged father, or relative of the child.  The bill
also requires the court to review the efforts of PRS or another agency in
obtaining the assistance of a parent to provide the information. 

The bill requires the swift adoption teams, in performing their duties, to
attempt to place a child for adoption with an appropriate relative of the
child. 

EFFECTIVE DATE

September 1, 2001.