bill favoring placement with a sibling’s adoptive parent

The text as introduced · 609 words

89R10943 DNC-F

By: Richardson
H.B. No. 5327

A BILL TO BE ENTITLED

AN ACT

relating to placement of a child in the conservatorship of the

Department of Family and Protective Services with an adoptive

parent of the child's sibling.

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

SECTION 1. Section 262.114(d), Family Code, is amended to

read as follows:

(d) In making a placement decision for a child, the

department shall give preference to persons in the following order:

(1) a person related to the child by blood, marriage,

or adoption;

(2) a person with whom the child has a long-standing

and significant relationship;

(3) an adoptive parent of a sibling of the child;

(4) a foster home; and

(5) [ (4) ] a general residential operation.

SECTION 2. Section 263.001(a), Family Code, is amended by

adding Subdivision (5) to read as follows:

(5) "Adoptive parent of a sibling" means a person who

has adopted a sibling of a child in the conservatorship of the

department.

SECTION 3. Subchapter A, Chapter 263, Family Code, is

amended by adding Section 263.00202 to read as follows:

Sec. 263.00202. PLACEMENT CONSIDERATIONS FOR SIBLINGS OF

ADOPTED CHILDREN. (a) Before making a placement decision for a

child for whom the department has been appointed managing

conservator, the department shall:

(1) identify whether the child has any siblings who

have been adopted;

(2) notify an adoptive parent of a sibling who has been

identified under Subdivision (1) of the child's removal and

placement needs; and

(3) consider placing the child with the adoptive

parent of the child's sibling if:

(A) the adoptive parent expresses interest in

having the child placed with the parent;

(B) placement with the adoptive parent is in the

best interest of the child; and

(C) placement with a person having a

long-standing and significant relationship with the child or the

child's family is not available or is not in the child's best

interest.

(b) The department shall document in a child's case file:

(1) the efforts the department made to identify and

notify an adoptive parent of a sibling of a child under this

section;

(2) any expression of interest from an adoptive parent

of a sibling in having the child placed with the adoptive parent;

and

(3) the reasons for approving or denying the placement

of the child with an adoptive parent of a sibling who has expressed

interest in the placement.

(c) This section does not:

(1) supersede the placement preferences established

by Section 262.114(d);

(2) create an obligation for the department to place a

child with an adoptive parent of the child's sibling if the

placement is not in the child's best interest; or

(3) create a cause of action or create an obligation or

duty that provides a basis for a cause of action for an act or

omission under this section.

SECTION 4. Section 264.751(1), Family Code, is amended to

read as follows:

(1) "Designated caregiver" means an individual :

(A) who :

(i) has a longstanding and significant

relationship with a child or the family of a child for whom the

department has been appointed managing conservator ; or

(ii) is an adoptive parent of a sibling of

the child; and

(B) who:

(i) [ (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

(ii) [ (B) ] is subsequently appointed

permanent managing conservator of the child after providing the

care described by Subparagraph (i) [ Paragraph (A) ].

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