TITLE: Relating to the placement of a child in the possession of the Department of Family and Protective Services with a nonoffending parent or absentee parent of the child.

SUMMARY: Relating to the placement of a child in the possession of the Department of Family and Protective Services with a nonoffending parent or absentee parent of the child.

FULL TEXT:
AN ACT relating to the placement of a child in the possession of the Department of Family and Protective Services with a nonoffending parent or absentee parent of the child. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 262, Family Code, is amended by adding Section 262.1141 to read as follows: Sec. 262.1141. ABSENTEE AND NONOFFENDING PARENTS; PLACEMENT. (a) In this section: (1) "Absentee parent" means the parent of a child who: (A) does not have custody of the child; (B) has not contributed to the care or welfare of the child; and (C) has been ruled out as a caregiver for the child by the Department of Family and Protective Services on the basis of a child protective services background and criminal history check or a home study. (2) "Nonoffending parent" means the parent of a child who: (A) does not have custody of the child but has contributed to the care or welfare of the child; and (B) has been determined by the Department of Family and Protective Services to be an appropriate caregiver for the child on the basis of a child protective services background and criminal history check and a home study. (b) When the Department of Family and Protective Services or another agency takes possession of a child under this chapter, the department shall give a nonoffending parent priority as a substitute caregiver for the child. The department may not place a child with an absentee parent without prior court approval. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.