reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter F. Child Fatality Review and Investigation › Section 264.515. Investigation

Sec. 264.515.  INVESTIGATION.  (a)  The investigation required by Section 264.514 must include:
(1)  an autopsy, unless an autopsy was conducted as part of the inquest;
(2)  an inquiry into the circumstances of the death, including an investigation of the scene of the death and interviews with the parents of the child, any guardian or caretaker of the child, and the person who reported the child's death;  and
(3)  a review of relevant information regarding the child from an agency, professional, or health care provider.
(b)  The review required by Subsection (a)(3) must include a review of any applicable medical record, child protective services record, record maintained by an emergency medical services provider, and law enforcement report.
(c)  The committee shall develop a protocol relating to investigation of an unexpected death of a child under this section.  In developing the protocol, the committee shall consult with individuals and organizations that have knowledge and experience in the issues of child abuse and child deaths.
Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 878, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.601. Definitions

Sec. 264.601.  DEFINITIONS.  In this subchapter:
(1)  "Abused or neglected child" means a child who is:
(A)  the subject of a suit affecting the parent-child relationship filed by a governmental entity;  and
(B)  under the control or supervision of the department.
(1-a)  "Active volunteer advocate" means an individual who:
(A)  has been trained by a volunteer advocate program in accordance with recognized standards for volunteer advocate programs; and
(B)  is currently serving as a volunteer advocate on at least one child's case.
(1-b)  "Inactive volunteer advocate" means an individual who:
(A)  has been trained by a volunteer advocate program in accordance with recognized standards for volunteer advocate programs; and
(B)  is not currently serving as a volunteer advocate.
(2)  "Volunteer advocate program" means a volunteer-based, nonprofit program that:
(A)  provides advocacy services to abused or neglected children with the goal of obtaining a permanent placement for a child that is in the child's best interest; and
(B)  complies with recognized standards for volunteer advocate programs.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 3, eff. September 1, 2009.
Acts 2023, 88th Leg., R.S., Ch. 119 (H.B. 474), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.602. Contracts With Advocate Programs

Sec. 264.602.  CONTRACTS WITH ADVOCATE PROGRAMS.  (a)  The statewide organization with which the commission contracts under Section 264.603 shall contract for services with eligible volunteer advocate programs to provide advocacy services to abused or neglected children.
(b)  The contract under this section may not result in reducing the financial support a volunteer advocate program receives from another source.
(c)  The commission shall develop a scale of state financial support for volunteer advocate programs that declines over a six-year period beginning on the date each individual contract takes effect.  After the end of the six-year period, the commission may not provide more than 50 percent of the volunteer advocate program's funding.
(d)  The executive commissioner by rule shall adopt standards for a local volunteer advocate program.  The statewide organization shall assist the executive commissioner in developing the standards.
(e)  The department, in cooperation with the statewide organization with which the commission contracts under Section 264.603 and other interested agencies, shall support the expansion of court-appointed volunteer advocate programs into counties in which there is a need for the programs.  In expanding into a county, a program shall work to ensure the independence of the program, to the extent possible, by establishing community support and accessing private funding from the community for the program.
(f)  Expenses incurred by a volunteer advocate program to promote public awareness of the need for volunteer advocates or to explain the work performed by volunteer advocates that are paid with money from the commission volunteer advocate program account under Section 504.611, Transportation Code, are not considered administrative expenses for the purpose of Section 264.603(b).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 118, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1294, Sec. 7, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.61, eff. September 1, 2005.
Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 4, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 4, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.603. Administrative Contracts

Sec. 264.603.  ADMINISTRATIVE CONTRACTS.  (a)  The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is composed of individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs to provide training, technical assistance, and evaluation services for the benefit of local volunteer advocate programs.  The contract shall:
(1)  include measurable goals and objectives relating to the number of:
(A)  active volunteer advocates in the program;
(B)  inactive volunteer advocates in the program; and
(C)  children receiving services from the program; and
(2)  follow practices designed to ensure compliance with standards referenced in the contract.
(b)  The contract under this section shall provide that not more than 12 percent of the annual legislative appropriation to implement this subchapter may be spent for administrative purposes by the statewide organization with which the commission contracts under this section.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 119, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 600, Sec. 20, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 5, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 5, eff. September 1, 2015.
Acts 2021, 87th Leg., R.S., Ch. 98 (S.B. 1156), Sec. 1, eff. May 24, 2021.
Acts 2021, 87th Leg., R.S., Ch. 855 (S.B. 799), Sec. 17, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 119 (H.B. 474), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.604. Eligibility for Contracts

Sec. 264.604.  ELIGIBILITY FOR CONTRACTS.  (a)  A person is eligible for a contract under Section 264.602 only if the person is a public or private nonprofit entity that operates a volunteer advocate program that:
(1)  uses individuals appointed as volunteer advocates or guardians ad litem by the court to provide for the needs of abused or neglected children;
(2)  has provided court-appointed advocacy services for at least six months;
(3)  provides court-appointed advocacy services for at least 10 children each month;
(4)  has demonstrated that the program has local judicial support;
(5)  has adopted a grievance procedure to address complaints regarding negligence or misconduct related to a volunteer advocate's duties under Section 107.002; and
(6)  maintains accurate records regarding active volunteer advocates and inactive volunteer advocates under the program.
(b)  The statewide organization with which the commission contracts under Section 264.603 may not contract with a person that is not eligible under this section.  However, the statewide organization may waive the requirement in Subsection (a)(3) for an established program in a rural area or under other special circumstances.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 120, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1294, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 6, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 6, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 119 (H.B. 474), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.605. Contract Form

Sec. 264.605.  CONTRACT FORM.  A person shall apply for a contract under Section 264.602 on a form provided by the commission.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 7, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.606. Criteria for Award of Contracts

Sec. 264.606.  CRITERIA FOR AWARD OF CONTRACTS.  The statewide organization with which the commission contracts under Section 264.603 shall consider the following in awarding a contract under Section 264.602:
(1)  the volunteer advocate program's eligibility for and use of funds from local, state, or federal governmental sources, philanthropic organizations, and other sources;
(2)  community support for the volunteer advocate program as indicated by financial contributions from civic organizations, individuals, and other community resources;
(3)  whether the volunteer advocate program provides services that encourage the permanent placement of children through reunification with their families or timely placement with an adoptive family; and
(4)  whether the volunteer advocate program has the endorsement and cooperation of the local juvenile court system.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 121, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 8, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.607. Contract Requirements

Sec. 264.607.  CONTRACT REQUIREMENTS.   The commission shall require that a contract under Section 264.602 require the volunteer advocate program to:
(1)  make quarterly and annual financial reports on a form provided by the commission;
(2)  cooperate with inspections and audits that the commission makes to ensure service standards and fiscal responsibility; and
(3)  provide as a minimum:
(A)  independent and factual information in writing to the court and to counsel for the parties involved regarding the child;
(B)  advocacy through the courts for permanent home placement and rehabilitation services for the child;
(C)  monitoring of the child to ensure the safety of the child and to prevent unnecessary movement of the child to multiple temporary placements;
(D)  reports in writing to the presiding judge and to counsel for the parties involved;
(E)  community education relating to child abuse and neglect;
(F)  referral services to existing community services;
(G)  a volunteer recruitment and training program, including adequate screening procedures for volunteers;
(H)  procedures to assure the confidentiality of records or information relating to the child; and
(I)  compliance with the standards adopted under Section 264.602.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 122, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 1294, Sec. 9, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1224 (S.B. 1369), Sec. 7, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 9, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.608. Report to the Legislature

Sec. 264.608.  REPORT TO THE LEGISLATURE.  (a)  Not later than December 1 of each year, the commission shall publish a report that:
(1)  summarizes reports from volunteer advocate programs under contract with the commission;
(2)  analyzes the effectiveness of the contracts made by the commission under this chapter; and
(3)  provides information on:
(A)  the expenditure of funds under this chapter;
(B)  services provided and the number of children for whom the services were provided; and
(C)  any other information relating to the services provided by the volunteer advocate programs under this chapter.
(b)  The commission shall submit copies of the report to the governor, lieutenant governor, speaker of the house of representatives, Legislative Budget Board, and members of the legislature.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1312 (S.B. 59), Sec. 21, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 10, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.609. Rule-Making Authority

Sec. 264.609.  RULE-MAKING AUTHORITY.  The executive commissioner may adopt rules necessary to implement this subchapter.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.610. Confidentiality

Sec. 264.610.  CONFIDENTIALITY.  The commission may not disclose information gained through reports, collected case data, or inspections that would identify a person working at or receiving services from a volunteer advocate program.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 12, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.611. Consultations

Sec. 264.611.  CONSULTATIONS.  In implementing this chapter, the commission shall consult with individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 13, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.612. Funding

Sec. 264.612.  FUNDING.  (a)  The commission may solicit and receive grants or money from either private or public sources, including by appropriation by the legislature from the general revenue fund, to implement this chapter.
(b)  The need for and importance of the implementation of this chapter by the commission requires priority and preferential consideration for appropriation.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 128, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 14, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.613. Use of Information and Records; Confidentiality

Sec. 264.613.  USE OF INFORMATION AND RECORDS;  CONFIDENTIALITY.  (a)  The files, reports, records, communications, and working papers used or developed in providing services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code, and may only be disclosed for purposes consistent with this subchapter.
(b)  Information described by Subsection (a) may be disclosed to:
(1)  the department, department employees, law enforcement agencies, prosecuting attorneys, medical professionals, and other state agencies that provide services to children and families;
(2)  the attorney for the child who is the subject of the information;  and
(3)  eligible children's advocacy centers.
(c)  Information related to the investigation of a report of abuse or neglect of a child under Chapter 261 and services provided as a result of the investigation are confidential as provided by Section 261.201.
Added by Acts 2001, 77th Leg., ch. 142, Sec. 1, eff. May 16, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter G. Court-Appointed Volunteer Advocate Programs › Section 264.614. Internet Application for Case Tracking and Information Management System

Sec. 264.614.  INTERNET APPLICATION FOR CASE TRACKING AND INFORMATION MANAGEMENT SYSTEM.  (a)  Subject to the availability of money as described by Subsection (c), the department shall develop an Internet application that allows a court-appointed volunteer advocate representing a child in the managing conservatorship of the department to access the child's case file through the department's automated case tracking and information management system and to add the volunteer advocate's findings and reports to the child's case file.
(b)  The court-appointed volunteer advocate shall maintain the confidentiality required by this chapter and department rule for the information accessed by the advocate through the system described by Subsection (a).
(c)  The department may use money appropriated to the department and money received as a gift, grant, or donation to pay for the costs of developing and maintaining the Internet application required by Subsection (a).  The department may solicit and accept gifts, grants, and donations of any kind and from any source for purposes of this section.
(d)  The executive commissioner shall adopt rules necessary to implement this section.
Added by Acts 2013, 83rd Leg., R.S., Ch. 205 (H.B. 1227), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.200, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.751. Definitions

Sec. 264.751.  DEFINITIONS.  In this subchapter:
(1)  "Designated caregiver" means an individual who has a longstanding and significant relationship with a child or the family of a child for whom the department has been appointed managing conservator and who:
(A)  is appointed to provide substitute care for the child, but is not verified by a licensed child-placing agency to operate an agency foster home under Chapter 42, Human Resources Code; or
(B)  is subsequently appointed permanent managing conservator of the child after providing the care described by Paragraph (A).
(2)  "Relative" means a person related to a child by consanguinity as determined under Section 573.022, Government Code.
(3)  "Relative caregiver" means a relative who:
(A)  provides substitute care for a child for whom the department has been appointed managing conservator, but who is not verified by a licensed child-placing agency to operate an agency foster home under Chapter 42, Human Resources Code; or
(B)  is subsequently appointed permanent managing conservator of the child after providing the care described by Paragraph (A).
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 7, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(c), eff. September 1, 2009.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 34, eff. September 1, 2017.
Acts 2019, 86th Leg., R.S., Ch. 1294 (H.B. 3390), Sec. 12, eff. June 14, 2019.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.752. Relative and Other Designated Caregiver Placement Program

Sec. 264.752.  RELATIVE AND OTHER DESIGNATED CAREGIVER PLACEMENT PROGRAM.  (a)  The department shall develop and procure a program to:
(1)  promote continuity and stability for children for whom the department is appointed managing conservator by placing those children with relative or other designated caregivers; and
(2)  facilitate relative or other designated caregiver placements by providing assistance and services to those caregivers in accordance with this subchapter and rules adopted by the executive commissioner.
(b)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(38), eff. September 1, 2015.
(c)  The executive commissioner shall adopt rules necessary to implement this subchapter.  The rules must include eligibility criteria for receiving assistance and services under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(38), eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.753. Expedited Placement

Sec. 264.753.  EXPEDITED PLACEMENT.  The department shall expedite the completion of the background and criminal history check, the home study, and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after the date the caregiver is identified.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.201, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.754. Assessment of Proposed Placement

Sec. 264.754.  ASSESSMENT OF PROPOSED PLACEMENT.  (a)  In this section, "low-risk criminal offense" means a nonviolent criminal offense, including a fraud-based offense, the department determines has a low risk of impacting:
(1)  a child's safety or well-being; or
(2)  the stability of a child's placement with a relative or other designated caregiver.
(b)  Before placing a child with a proposed relative or other designated caregiver, the department must conduct an assessment to determine whether the proposed placement is in the child's best interest.
(c)  If the department disqualifies a person from serving as a relative or other designated caregiver for a child on the basis that the person has been convicted of a low-risk criminal offense, the person may appeal the disqualification in accordance with the procedure developed under Subsection (d).
(d)  The department shall develop:
(1)  a list of criminal offenses the department determines are low-risk criminal offenses; and
(2)  a procedure for appropriate regional administration of the department to review a decision to disqualify a person from serving as a relative or other designated caregiver that includes the consideration of:
(A)  when the person's conviction occurred;
(B)  whether the person has multiple convictions for low-risk criminal offenses; and
(C)  the likelihood that the person will commit fraudulent activity in the future.
(e)  The department shall:
(1)  publish the list of low-risk criminal offenses and information regarding the review procedure developed under Subsection (d) on the department's Internet website; and
(2)  provide prospective relative and other designated caregivers information regarding the review procedure developed under Subsection (d).
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 587 (S.B. 879), Sec. 1, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.7541. Caregiver Visit With Child; Information

Sec. 264.7541.  CAREGIVER VISIT WITH CHILD; INFORMATION.  (a)  Except as provided by Subsection (b), before placing a child with a proposed relative or other designated caregiver, the department must:
(1)  arrange a visit between the child and the proposed caregiver; and
(2)  provide the proposed caregiver with a form, which may be the same form the department provides to nonrelative caregivers, containing information, to the extent it is available, about the child that would enhance continuity of care for the child, including:
(A)  the child's school information and educational needs;
(B)  the child's medical, dental, and mental health care information;
(C)  the child's social and family information; and
(D)  any other information about the child the department determines will assist the proposed caregiver in meeting the child's needs.
(b)  The department may waive the requirements of Subsection (a) if the proposed relative or other designated caregiver has a long-standing or significant relationship with the child and has provided care for the child at any time during the 12 months preceding the date of the proposed placement.
(c)  Once a child is placed with a relative or other designated caregiver, the department shall inform the caregiver of:
(1)  the option to become verified by a licensed child-placing agency to operate an agency foster home, if applicable; and
(2)  the permanency care assistance program under Subchapter K.
Added by Acts 2013, 83rd Leg., R.S., Ch. 426 (S.B. 502), Sec. 1, eff. September 1, 2013.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 375 (H.B. 1884), Sec. 6, eff. September 1, 2019.
See note following this section.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.7551. Fraudulent Agreement; Criminal Offense; Civil Penalty

Sec. 264.7551.  FRAUDULENT AGREEMENT; CRIMINAL OFFENSE; CIVIL PENALTY.  (a)  A person commits an offense if, with intent to defraud or deceive the department, the person knowingly makes or causes to be made a false statement or misrepresentation of a material fact that allows a person to enter into a caregiver assistance agreement.
(b)  An offense under this section is:
(1)  a Class C misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received no monetary assistance under the agreement or received monetary assistance under the agreement for less than 7 days;
(2)  a Class B misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 7 days or more but less than 31 days;
(3)  a Class A misdemeanor if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 31 days or more but less than 91 days; or
(4)  a state jail felony if the person entered into a fraudulent caregiver assistance agreement and received monetary assistance under the agreement for 91 days or more.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section, the other law, or both.
(d)  The appropriate county prosecuting attorney shall be responsible for the prosecution of an offense under this section.
(e)  A person who engaged in conduct described by Subsection (a) is liable to the state for a civil penalty of $1,000. The attorney general shall bring an action to recover a civil penalty as authorized by this subsection.
(f)  The commissioner of the department may adopt rules necessary to determine whether fraudulent activity that violates Subsection (a) has occurred.
Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 6, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.  If the legislature does not appropriate money specifically for the purpose of implementing this Act, this Act has no effect.
Added by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.756. Assistance With Permanent Placement

Sec. 264.756.  ASSISTANCE WITH PERMANENT PLACEMENT.  The department shall collaborate with the State Bar of Texas and local community partners to identify legal resources to assist relatives and other designated caregivers in obtaining conservatorship, adoption, or other permanent legal status for the child.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.757. Coordination With Other Agencies

Text of section effective until April 01, 2025
Sec. 264.757.  COORDINATION WITH OTHER AGENCIES.  The department shall coordinate with other health and human services agencies, as defined by Section 531.001, Government Code, to provide assistance and services under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.11, eff. April 1, 2025.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.757. Coordination With Other Agencies

Text of section effective on April 01, 2025
Sec. 264.757.  COORDINATION WITH OTHER AGENCIES.  The department shall coordinate with other health and human services agencies, as defined by Section 521.0001, Government Code, to provide assistance and services under this subchapter.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 2.11, eff. April 1, 2025.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.758. Funds

Sec. 264.758.  FUNDS.  The department and other state agencies shall actively seek and use federal funds available for the purposes of this subchapter.
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.760. Eligibility for Foster Care Payments and Permanency Care Assistance

Sec. 264.760.  ELIGIBILITY FOR FOSTER CARE PAYMENTS AND PERMANENCY CARE ASSISTANCE.  Notwithstanding any other provision of this subchapter, a relative or other designated caregiver who becomes verified by a licensed child-placing agency to operate an agency foster home under Chapter 42, Human Resources Code, may receive foster care payments in lieu of the benefits provided by this subchapter, beginning with the first month in which the relative or other designated caregiver becomes licensed or is verified.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 8, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(d), eff. September 1, 2009.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 35, eff. September 1, 2017.
See note following this section.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter I. Relative and Other Designated Caregiver Placement Program › Section 264.762. Annual Report

Sec. 264.762.  ANNUAL REPORT.  Not later than September 1 of each year, the department shall publish a report on the relative and other designated caregiver placement program created under this subchapter. The report must include data on permanency outcomes for children placed with relative or other designated caregivers, including:
(1)  the number of disruptions in a relative or other designated caregiver placement;
(2)  the reasons for any disruption in a relative or other designated caregiver placement; and
(3)  the length of time before a relative or other designated caregiver who receives monetary assistance from the department under this subchapter obtains permanent managing conservatorship of a child.
Text of section effective on September 1, 2017, but only if a specific appropriation is provided as described by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 6, which states: This Act takes effect only if a specific appropriation for the implementation of the Act is provided in a general appropriations act of the 85th Legislature.  If the legislature does not appropriate money specifically for the purpose of implementing this Act, this Act has no effect.
Added by Acts 2017, 85th Leg., R.S., Ch. 315 (H.B. 4), Sec. 3, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.851. Definitions

Sec. 264.851.  DEFINITIONS.  In this subchapter:
(1)  Repealed by Acts 2015, 84th Leg., R.S., Ch. 944 , Sec. 86(39), eff. September 1, 2015.
(2)  "Kinship provider" means a relative of a foster child, or another adult with a longstanding and significant relationship with a foster child before the child was placed with the person by the department, with whom the child resides for at least six consecutive months after the person becomes licensed by the department or verified by a licensed child-placing agency or the department to provide foster care.
(3)  "Permanency care assistance agreement" means a written agreement between the department and a kinship provider for the payment of permanency care assistance benefits as provided by this subchapter.
(4)  "Permanency care assistance benefits" means monthly payments paid by the department to a kinship provider under a permanency care assistance agreement.
(5)  "Relative" means a person related to a foster child by consanguinity or affinity.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 86(39), eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.852. Permanency Care Assistance Agreements

Sec. 264.852.  PERMANENCY CARE ASSISTANCE AGREEMENTS.  (a)  The department shall enter into a permanency care assistance agreement with a kinship provider who is eligible to receive permanency care assistance benefits.
(b)  The department may enter into a permanency care assistance agreement with a kinship provider who is the prospective managing conservator of a foster child only if the kinship provider meets the eligibility criteria under federal and state law and department rule.
(c)  A court may not order the department to enter into a permanency care assistance agreement with a kinship provider unless the kinship provider meets the eligibility criteria under federal and state law and department rule, including requirements relating to the criminal history background check of a kinship provider.
(d)  A permanency care assistance agreement may provide for reimbursement of the nonrecurring expenses a kinship provider incurs in obtaining permanent managing conservatorship of a foster child, including attorney's fees and court costs.  The reimbursement of the nonrecurring expenses under this subsection may not exceed $2,000.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.8521. Notice to Applicants

Sec. 264.8521.  NOTICE TO APPLICANTS.  At the time a person applies to become verified by a licensed child-placing agency to provide foster care in order to qualify for the permanency care assistance program, the department or the child-placing agency shall:
(1)  notify the applicant that a background check, including a criminal history record check, will be conducted on the individual; and
(2)  inform the applicant about criminal convictions that:
(A)  preclude an individual from becoming a verified agency foster home; and
(B)  may also be considered in evaluating the individual's application.
Added by Acts 2011, 82nd Leg., R.S., Ch. 318 (H.B. 2370), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 36, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.853. Rules

Sec. 264.853.  RULES.  The executive commissioner shall adopt rules necessary to implement the permanency care assistance program.  The rules must:
(1)  establish eligibility requirements to receive permanency care assistance benefits under the program; and
(2)  ensure that the program conforms to the requirements for federal assistance as required by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Pub. L. No. 110-351).
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.854. Maximum Payment Amount

Sec. 264.854.  MAXIMUM PAYMENT AMOUNT.  The executive commissioner shall set the maximum monthly amount of assistance payments under a permanency care assistance agreement in an amount that does not exceed the amount of the monthly foster care maintenance payment the department would pay to a foster care provider caring for the child for whom the kinship provider is caring.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.855. Continued Eligibility for Permanency Care Assistance Benefits After Age 18

Sec. 264.855.  CONTINUED ELIGIBILITY FOR PERMANENCY CARE ASSISTANCE BENEFITS AFTER AGE 18.  If the department first entered into a permanency care assistance agreement with a foster child's kinship provider after the child's 16th birthday, the department may continue to provide permanency care assistance payments until the last day of the month of the child's 21st birthday, provided the child is:
(1)  regularly attending high school or enrolled in a program leading toward a high school diploma or high school equivalency certificate;
(2)  regularly attending an institution of higher education or a postsecondary vocational or technical program;
(3)  participating in a program or activity that promotes, or removes barriers to, employment;
(4)  employed for at least 80 hours a month; or
(5)  incapable of any of the activities described by Subdivisions (1)-(4) due to a documented medical condition.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. October 1, 2010.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter K. Permanency Care Assistance Program › Section 264.856. Appropriation Required

Sec. 264.856.  APPROPRIATION REQUIRED.  The department is not required to provide permanency care assistance benefits under this subchapter unless the department is specifically appropriated money for purposes of this subchapter.
Added by Acts 2009, 81st Leg., R.S., Ch. 1118 (H.B. 1151), Sec. 9, eff. September 1, 2009.
Added by Acts 2009, 81st Leg., R.S., Ch. 1238 (S.B. 2080), Sec. 6(e), eff. September 1, 2009.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle E - Protection of the Child › Chapter 264 - Child Welfare Services › Subchapter L. Parental Child Safety Placements › Section 264.901. Definitions

Sec. 264.901.  DEFINITIONS.  In this subchapter:
(1)  "Caregiver" means an individual, other than a child's parent, conservator, or legal guardian, who is related to the child or has a long-standing and significant relationship with the child or the child's family.
(2)  "Parental child safety placement" means any temporary out-of-home placement of a child with a caregiver that is made by a parent or other person with whom the child resides in accordance with a written agreement approved by the department that ensures the safety of the child:
(A)  during an investigation by the department of alleged abuse or neglect of the child; or
(B)  while the parent or other person is receiving services from the department.
(3)  "Parental child safety placement agreement" means an agreement between a parent or other person making a parental child safety placement and the caregiver that contains the terms of the placement and is approved by the department.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1071 (S.B. 993), Sec. 1, eff. September 1, 2011.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 391 (H.B. 730), Sec. 8, eff. September 1, 2023.
Acts 2023, 88th Leg., R.S., Ch. 1078 (S.B. 614), Sec. 3, eff. September 1, 2023.