rejected service plan certification triggers a 48-hour notice

The text as introduced · 366 words

89R3636 MM-D

By: Gervin-Hawkins
H.B. No. 681

A BILL TO BE ENTITLED

AN ACT

relating to policies and procedures of the Department of Family and

Protective Services, including regarding service plans and

post-removal assessments.

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

SECTION 1. Section 263.1021, Family Code, is amended by

adding Subsection (c-1) to read as follows:

(c-1) If the department does not accept the certification

from a service provider under Subsection (c), not later than the

48th hour after the department issues the denial, the department

shall notify the parent's state representative, the parent's state

senator, and the department's office of internal affairs about the

department's denial of the certification and the reason for the

denial.

SECTION 2. Section 264.1076, Family Code, is amended by

adding Subsection (b-1) to read as follows:

(b-1) In addition to the medical examination required by

Subsection (b), the department shall ensure that not later than the

end of the 15th day after the date a child described by Subsection

(a) is removed from the child's home, the child receives:

(1) a child and adolescent needs and strengths

assessment; and

(2) a medical checkup conducted in accordance with the

Texas Health Steps program.

SECTION 3. Section 264.1076(b-1), Family Code, as added by

this Act, applies only to a child who enters the conservatorship of

the Department of Family and Protective Services on or after the

effective date of this Act. A child who enters the conservatorship

of the Department of Family and Protective Services before the

effective date of this Act is governed by the law in effect on the

date the child entered the conservatorship of the department, and

the former law is continued in effect for that purpose.

SECTION 4. The changes in law made by this Act apply only to

a suit filed by the Department of Family and Protective Services on

or after the effective date of this Act. A suit filed by the

department before that date is governed by the law in effect on the

date the suit was filed, and the former law is continued in effect

for that purpose.

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