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


Office of House Bill AnalysisH.B. 1266
By: Dukes
Juvenile Justice & Family Issues
3/11/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, 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 (department) to
locate an absent parent, but not 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 to them.  Because a
relative of a child is sometimes unaware that the child has been removed
from custody of the parent or guardian and that the court often has trouble
locating a relative of the child, the placement of a child in the home of a
relative may be difficult.  House Bill 1266 requires the court to determine
whether sufficient information has been furnished to the department 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, alleged
father, or relative of the child before the court to provide the Department
of Protective and Regulatory Services (department) 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, 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 the
department 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 a relative of the child. 

EFFECTIVE DATE

September 1, 2001.