Gervin-Hawkins Bill Puts Private Detectives On A 72-Hour Relative Search

The text as introduced · 901 words

89R3641 RAL-D

By: Gervin-Hawkins
H.B. No. 1460

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a task force to locate relatives

and certain individuals and to the procedures for providing notice

to certain individuals on placement of a child in the managing

conservatorship of the Department of Family and Protective

Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 262, Family Code, is

amended by adding Section 262.1091 to read as follows:

Sec. 262.1091. TASK FORCE TO IDENTIFY AND LOCATE RELATIVES

AND CERTAIN INDIVIDUALS. (a) In this section:

(1) "Department" means the Department of Family and

Protective Services.

(2) "Task force" means the task force created under

this section.

(b) The department shall establish a task force for the

purpose of identifying and locating:

(1) relatives of each child who the department or

another governmental entity takes possession of under this chapter;

and

(2) any individual who has a long-standing and

significant relationship with a child described by Subdivision (1).

(c) The task force is composed of 15 members as follows:

(1) one member from the Department of Public Safety,

appointed by the director of the Department of Public Safety;

(2) one member of the criminal investigations division

of the office of the attorney general, appointed by the attorney

general;

(3) one member from the municipal police department of

each of the six most populous municipalities in this state,

appointed by the police chief of the municipal police department;

and

(4) seven members appointed by the commissioner of the

department who must be:

(A) active, non-active, or retired police

detectives who have been employed as a detective for at least 10

years and have experience working with special victims; or

(B) private investigators who:

(i) are licensed in this state;

(ii) are in good standing with the

licensing entity;

(iii) have at least 10 years of

investigative experience; and

(iv) have experience working with special

victims.

(d) Each appointing authority may confer with the office of

the governor when considering candidates for the task force.

(e) The task force shall:

(1) begin locating and identifying each individual

described by Section 262.1095(a) not later than 24 hours after the

department or another governmental entity takes possession of a

child under this chapter;

(2) use due diligence to identify and locate all

individuals described by Section 262.1095(a) not later than 72

hours after the department files a suit affecting the parent-child

relationship;

(3) in order to identify and locate the individuals

described by Section 262.1095(a), seek information from:

(A) each parent, relative, and alleged father of

the child; and

(B) the child in an age-appropriate manner; and

(4) immediately notify the department when an

individual described by Section 262.1095(a) is identified and

located.

(f) The failure of a parent or alleged father of the child to

complete the proposed child placement resources form does not

relieve the task force of its duty to seek information from each

person described by Subsection (e)(3) to identify individuals

described by Section 262.1095(a).

(g) The commissioner of the department and the internal

audit division of the department shall supervise and provide

administrative support to the task force.

SECTION 2. Section 262.1095, Family Code, is amended by

adding Subsection (f) to read as follows:

(f) Not later than 120 hours after the department files a

suit affecting the parent-child relationship, the department shall

report to the child's state representative, the child's state

senator, and the governor:

(1) whether the department:

(A) identified all of the individuals related to

the child within the fourth degree by consanguinity as determined

under Chapter 573, Government Code; and

(B) contacted each individual and provided the

information required by Subsection (a); and

(2) the reason the department failed to contact an

individual described by Subdivision (1)(A).

SECTION 3. Subchapter B, Chapter 262, Family Code, is

amended by adding Section 262.117 to read as follows:

Sec. 262.117. REPORTING INFORMATION ON RELATIVE

PLACEMENTS. Not later than February 1 of each year, the department

shall report to the governor, the lieutenant governor, the speaker

of the house of representatives, and each member of the legislature

the following information with respect to cases in which the

department was named managing conservator of a child during the

preceding fiscal year:

(1) the total percentage of individuals identified as

being related to the child within the fourth degree by

consanguinity as determined under Chapter 573, Government Code, the

department was unable to contact as required by Section 262.1095

and the reason the department was unable to contact each

individual;

(2) the percentage of children in the conservatorship

of the department who were placed with a relative or other

designated caregiver;

(3) the percentage of children in the conservatorship

of the department who were placed in foster care;

(4) the total number of children in the

conservatorship of the department who were placed with a relative

or other designated caregiver;

(5) the total number of children in the

conservatorship of the department who were placed in foster care

and, for each child, the reasons the department did not place the

child with a relative or other designated caregiver; and

(6) any legislative or other recommendations to ensure

the department contacts all of a child's relatives identified under

Section 262.1095.

SECTION 4. Sections 262.1095(d) and (e), Family Code, are

repealed.

SECTION 5. This Act takes effect September 1, 2025.