Bill: HB 3041, 87(R) - 2021

Committee

House Human Services

2nd Chamber Committee

Senate Health and Human Services

Vote Recommendation

Vote Recommendation Economic Freedom Property Rights Personal Responsibility Limited Government Individual Liberty
Yes Neutral Neutral Positive Positive Positive

Author(s)

James Frank
Gary Gates
Lacey Hull
Ina Minjarez

Co-Author(s)

Ana-Maria Ramos

Sponsor(s)

Lois Kolkhorst

Bill Caption

Relating to the provision of certain services by the Department of Family and Protective Services as an alternative to removing a child and certain procedures with respect to children in the managing conservatorship of the department. 

Fiscal Notes

Estimated Two-year Net Impact to General Revenue Related Funds for HB 3041, Committee Report 1st House, Substituted: a NEGATIVE impact of ($4,113,756) through the biennium ending August 31, 2023. 

The bill would make no appropriation but could provide the legal basis for an appropriation of funds to implement the provisions of the bill. 

Bill Analysis

HB 3041 would require the Department of Family and Protective Services to establish the Family Preservation Services Pilot Program, the broad strokes of which are outlined below. In addition to the pilot program, HB 3041 would also update and broaden disclosure requirements the department must make to each adult the department identifies and is able to locate who has a long-standing and significant relationship with a child who is removed from the family home.

The pilot program would provide the department with an option to dispose of an investigation by referring the family of a child who is a candidate for foster care to family preservation services instead of entering foster care, or by providing services to a pregnant or parenting foster youth. The program would be implemented in two child protective services regions in the state, one urban and one rural, at least one of which has implemented community-based care. The primary concern behind this program is the child's safety and this program may be modified to accommodate the child's circumstances.

The bill requires certain funding mechanisms to be used for various purposes. A court order would be required to compel a family of a child who is a candidate for foster care to obtain family preservation services and complete the family preservation services plan. Immediately after a suit is filed requesting the court to render an order requiring participation in family preservation services, the court would be required to appoint an attorney ad litem to represent the interests of the child.

The bill details the conditions under which a court shall order participation in family preservation services, conditions under which a court may order that such services not be provided, and requirements for court implementation of a family preservation services plan. 

The bill details the contents of a family prevention services plan and provides that such a plan may be amended at any time. 

By the first anniversary of implementing this pilot program, and every two years thereafter, the department would be required to report on the progress of the pilot program to the appropriate standing committees of the legislature with the appropriate jurisdiction. The bill includes detailed requirements for the report. 

Vote Recommendation Notes

HB 3041 brings transparency and options to the process of intervening in the parent-child relationship. Children who otherwise would be taken from their home and delivered into the state's care would be able to return home and receive appropriate services rather than enter foster care. This creates an intermediate option for state intervention short of completely removing a child from the family home. HB 3041 would support the principles of limited government, personal responsibility, and individual liberty. Texas Action supports HB 3041.


Source URL (retrieved on 03/29/2024 04:03 AM): http://reports.texasaction.com/bill/87r/hb3041?print_view=true