Sec. 264.754. ASSESSMENT OF PROPOSED PLACEMENT. (a) In this section, "low-risk criminal offense" means a nonviolent criminal offense, including a fraud-based offense, the department determines has a low risk of impacting:
(1) a child's safety or well-being; or
(2) the stability of a child's placement with a relative or other designated caregiver.
(b) Before placing a child with a proposed relative or other designated caregiver, the department must conduct an assessment to determine whether the proposed placement is in the child's best interest.
(c) If the department disqualifies a person from serving as a relative or other designated caregiver for a child on the basis that the person has been convicted of a low-risk criminal offense, the person may appeal the disqualification in accordance with the procedure developed under Subsection (d).
(d) The department shall develop:
(1) a list of criminal offenses the department determines are low-risk criminal offenses; and
(2) a procedure for appropriate regional administration of the department to review a decision to disqualify a person from serving as a relative or other designated caregiver that includes the consideration of:
(A) when the person's conviction occurred;
(B) whether the person has multiple convictions for low-risk criminal offenses; and
(C) the likelihood that the person will commit fraudulent activity in the future.
(e) The department shall:
(1) publish the list of low-risk criminal offenses and information regarding the review procedure developed under Subsection (d) on the department's Internet website; and
(2) provide prospective relative and other designated caregivers information regarding the review procedure developed under Subsection (d).
Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 587 (S.B. 879), Sec. 1, eff. September 1, 2017.
Structure Texas Statutes
Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship
Subtitle E - Protection of the Child
Chapter 264 - Child Welfare Services
Subchapter I. Relative and Other Designated Caregiver Placement Program
Section 264.752. Relative and Other Designated Caregiver Placement Program
Section 264.753. Expedited Placement
Section 264.754. Assessment of Proposed Placement
Section 264.7541. Caregiver Visit With Child; Information
Section 264.755. Caregiver Assistance Agreement
Section 264.7551. Fraudulent Agreement; Criminal Offense; Civil Penalty
Section 264.756. Assistance With Permanent Placement
Section 264.757. Coordination With Other Agencies
Section 264.760. Eligibility for Foster Care Payments and Permanency Care Assistance