HBA-CBW H.B. 1566 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1566
By: Morrison
Juvenile Justice & Family Issues
3/5/2001
Introduced


BACKGROUND AND PURPOSE 

Recent federal legislation and policy interpretations have called into
question the wording of provisions relating to "reasonable efforts" to
prevent removal of a child from a home or to permit the return of the child
to the home.  Because of this, technical requirements of federal law are
not being met and the state is losing eligibility for federal foster care
funding.  House Bill 1566 ensures technical requirements of federal law are
met by requiring a court to determine if reasonable efforts were made to
prevent or eliminate the removal of the child. 

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 1566 amends the Family Code to clarify that when taking
emergency possession of a child, an adversary hearing must be a full
adversary hearing and that reasonable efforts must be consistent with the
circumstances and provide for the safety of the child. 

The bill requires that the court return the child unless the court is
satisfied that returning the child to the child's home would be contrary to
the child's welfare and reasonable efforts were made to prevent or
eliminate the need for removal of the child (Secs. 262.107 and 262.201).   

The bill authorizes the court to find that a parent has subjected the child
to aggravated circumstances if the parent has been convicted for murder,
voluntary manslaughter, or aiding or abetting, attempting, conspiring, or
soliciting the murder or voluntary manslaughter of another child of the
parent, or the felony assault of the child or another child of the parent
that resulted in serious bodily injury (Sec. 262.2015). 

The bill sets forth provisions to include a preadoptive parent and relative
of the child providing care as persons entitled to at least 10 days' notice
of a permanency hearing or placement review hearing (Secs. 263.301 and
263.501). At each permanency hearing and placement review hearing the court
is required to determine whether the current placement of a child outside
of the state is in the best interest of the child (Secs. 263.306 and
263.503).   

The bill requires the court to determine whether the Department of
Protective and Regulatory Services (department), or in the case of a
placement hearing review the department or an authorized agency, has made
reasonable efforts to finalize the permanency plan that is in effect for
the child (Secs. 263.306 and 263.503). 

House Bill 1566 repeals the provision relating to the finding that a child
cannot remain in or be returned to home (Sec. 262.111). 

EFFECTIVE DATE

 September 1, 2001.