Bill Caption

Fiscal Notes

Bill Analysis

HB 567 is designed to place a higher burden on the Department of Family and Protective Services (DFPS) for taking children away from their families. This bill would limit DFPS's ability to take kids erroneously while also protecting parents’ rights. HB 567 places value on keeping children with their families while focusing on the individuals who are either committing the abuse or enabling it. It would allow more parents or family members to be considered as a suitable place to keep the child if the parents are deemed unfit. In addition, parent/guardian/family rights to appeal a court decision when they were not involved in the original process is enumerated in cases of emergency possession and before taking possession.  HB 567 also places time limits on the courts to keep them from unnecessarily dragging out the process. Access to lawyers is provided for all parents who are required to  participate, immediately after the filing, and before the hearing. These lawyers will be ad-litem (court-appointed) for indigent parents and all other parents would have to reimburse their attorneys’ fees. 

HB 567 was amended on the floor of the House and minor amendments were adopted which do not change our analysis or vote recommendation

Vote Recommendation Notes

HB 567 benefits individual liberty, personal responsibility, and limited government. This bill protects the family unit by introducing the "free-range" concept and protects against the erroneous taking of children from a parent who uses marijuana that does not affect the child. This creates a standard across the state so certain cities can not take children from their homes for the use of a substance that is legal or de-criminalized elsewhere.

HB 567 also ensures that parents who are court-ordered to participate with DFPS are provided with an attorney so they understand their legal rights. All of these actions are benefits to the principles of limited government, individual liberty, and personal responsibility. Texas Action supports HB 567 as a good regulation on government agents.