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A BILL TO BE ENTITLED
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AN ACT
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relating to placement of a child in the conservatorship of the |
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Department of Family and Protective Services with an adoptive |
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parent of the child's sibling. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.114(d), Family Code, is amended to |
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read as follows: |
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(d) In making a placement decision for a child, the |
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department shall give preference to persons in the following order: |
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(1) a person related to the child by blood, marriage, |
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or adoption; |
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(2) a person with whom the child has a long-standing |
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and significant relationship; |
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(3) an adoptive parent of a sibling of the child; |
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(4) a foster home; and |
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(5) [(4)] a general residential operation. |
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SECTION 2. Section 263.001(a), Family Code, is amended by |
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adding Subdivision (5) to read as follows: |
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(5) "Adoptive parent of a sibling" means a person who |
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has adopted a sibling of a child in the conservatorship of the |
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department. |
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SECTION 3. Subchapter A, Chapter 263, Family Code, is |
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amended by adding Section 263.00202 to read as follows: |
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Sec. 263.00202. PLACEMENT CONSIDERATIONS FOR SIBLINGS OF |
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ADOPTED CHILDREN. (a) Before making a placement decision for a |
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child for whom the department has been appointed managing |
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conservator, the department shall: |
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(1) identify whether the child has any siblings who |
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have been adopted; |
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(2) notify an adoptive parent of a sibling who has been |
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identified under Subdivision (1) of the child's removal and |
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placement needs; and |
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(3) consider placing the child with the adoptive |
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parent of the child's sibling if: |
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(A) the adoptive parent expresses interest in |
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having the child placed with the parent; |
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(B) placement with the adoptive parent is in the |
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best interest of the child; and |
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(C) placement with a person having a |
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long-standing and significant relationship with the child or the |
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child's family is not available or is not in the child's best |
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interest. |
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(b) The department shall document in a child's case file: |
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(1) the efforts the department made to identify and |
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notify an adoptive parent of a sibling of a child under this |
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section; |
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(2) any expression of interest from an adoptive parent |
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of a sibling in having the child placed with the adoptive parent; |
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and |
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(3) the reasons for approving or denying the placement |
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of the child with an adoptive parent of a sibling who has expressed |
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interest in the placement. |
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(c) This section does not: |
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(1) supersede the placement preferences established |
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by Section 262.114(d); |
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(2) create an obligation for the department to place a |
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child with an adoptive parent of the child's sibling if the |
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placement is not in the child's best interest; or |
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(3) create a cause of action or create an obligation or |
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duty that provides a basis for a cause of action for an act or |
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omission under this section. |
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SECTION 4. Section 264.751(1), Family Code, is amended to |
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read as follows: |
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(1) "Designated caregiver" means an individual: |
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(A) who: |
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(i) has a longstanding and significant |
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relationship with a child or the family of a child for whom the |
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department has been appointed managing conservator; or |
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(ii) is an adoptive parent of a sibling of |
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the child; and |
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(B) who: |
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(i) [(A)] is appointed to provide |
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substitute care for the child, but is not verified by a licensed |
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child-placing agency to operate an agency foster home under Chapter |
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42, Human Resources Code; or |
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(ii) [(B)] is subsequently appointed |
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permanent managing conservator of the child after providing the |
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care described by Subparagraph (i) [Paragraph (A)]. |
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SECTION 5. This Act takes effect September 1, 2025. |