HB5327 - 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.

  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.