87S30302 MCK-F     By: Hull H.B. No. 107       A BILL TO BE ENTITLED   AN ACT   relating to certain procedures relating to children placed under a   parental child safety placement.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 264.203, Family Code, is amended by   adding Subsections (j-1) and (j-2) to read as follows:          (j-1)  If a child is subject to a parental child safety   placement under Subchapter L, before the court may order a parent,   managing conservator, guardian, or other member of the subject   child's household to participate in services, the court shall   advise any person who is not represented by an attorney of:                (1)  the right to be represented by an attorney; and                (2)  if the person is indigent and opposes the order to   participate in services, the right to a court-appointed attorney.          (j-2)  The court shall appoint an attorney ad litem to   represent the interests of a person described by Subsection (j-1)   if the person claims indigence and requests the appointment of an   attorney. The court shall require the person to complete and file   with the court an affidavit of indigence. The court may hear   evidence to determine whether the person is indigent. If the court   determines the person is indigent, the court shall appoint an   attorney to represent the person. The attorney ad litem for the   parent shall have the powers and duties of an attorney ad litem for   a parent under Section 107.0131.          SECTION 2.  Section 264.902, Family Code, is amended by   amending Subsection (a) and adding Subsections (e) and (f) to read   as follows:          (a)  A parental child safety placement agreement must   include terms that clearly state:                (1)  the respective duties of the person making the   placement and the caregiver, including a plan for how the caregiver   will access necessary medical treatment for the child and the   caregiver's duty to ensure that a school-age child is enrolled in   and attending school;                (2)  conditions under which the person placing the   child may have access to the child, including how often the person   may visit and the circumstances under which the person's visit may   occur;                (3)  the duties of the department;                (4)  subject to Subsection (e), the date on which the   agreement will terminate unless terminated sooner or extended to a   subsequent date as provided under department policy; and                (5)  any other term the department determines necessary   for the safety and welfare of the child.          (e)  A parental child safety placement agreement   automatically terminates on the earlier of the 30th day after the   date:                (1)  the agreement is signed; or                (2)  the child is placed with the caregiver.          (f)  On the expiration of a parental child safety placement   agreement, the department may for good cause enter into not more   than one additional parental child safety placement agreement for   the child. On entering the parental child safety placement   agreement, the department shall:                (1)  reevaluate the terms and conditions of the   original agreement; and                (2)  notify the parent or other person with whom the   child resides of their right to:                      (A)  refuse to enter into the agreement; and                      (B)  be represented by an attorney or a   court-appointed attorney for a person who is indigent if the   department subsequently seeks a court order to require the person   to participate in services.          SECTION 3.  Subchapter L, Chapter 264, Family Code, is   amended by adding Sections 264.907 and 264.908 to read as follows:          Sec. 264.907.  INCLUSIONS IN REPORTS OF PARENTAL CHILD   SAFETY PLACEMENTS. The department shall include children who are   placed with a caregiver under a parental child safety placement   agreement in any report, including reports submitted to the United   States Department of Health and Human Services or another federal   agency, in which the department is required to report the number of   children in the child protective services system who are removed   from the children's homes.          Sec. 264.908.  REPORT ON COURT-ORDERED PARTICIPATION IN   SERVICES. The department shall report the number of cases in which   a court under Section 264.203 orders the parent, managing   conservator, guardian, or other member of the child's household of   a child who is placed with a caregiver under a parental child safety   placement to participate in services.          SECTION 4.  This Act takes effect on the 91st day after the   last day of the legislative session.