Title FA, Family Code

Sec. 264.409. ADMINISTRATIVE CONTRACTS. (a) The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is co…

Sec. 264.410. CONTRACTS WITH CHILDREN'S ADVOCACY CENTERS. (a) The statewide organization with which the commission contracts under Section 264.409 shall contract with eligible centers to establish, maintain, and enhance the services provided by the centers. (b) The contract under…

Sec. 264.411. ELIGIBILITY FOR CONTRACTS. (a) A public entity that operated as a center under this subchapter before November 1, 1995, or a nonprofit entity is eligible for a contract under Section 264.410 if the entity: (1) has a signed memorandum of understanding as provided by …

Sec. 264.501. DEFINITIONS. In this subchapter: Text of subdivision effective until April 01, 2027 (1) "Autopsy" and "inquest" have the meanings assigned by Article 49.01, Code of Criminal Procedure. Text of subdivision effective on April 01, 2027 (1) "Autopsy" and "inquest" have …

Sec. 264.502. COMMITTEE. (a) The child fatality review team committee is composed of: (1) a person appointed by and representing the state registrar of vital statistics; (2) a person appointed by and representing the commissioner of the department; (3) a person appointed by and r…

Sec. 264.503. PURPOSE AND DUTIES OF COMMITTEE AND SPECIFIED STATE AGENCIES. (a) The purpose of the committee is to: (1) develop an understanding of the causes and incidence of child deaths in this state; (2) identify procedures within the agencies represented on the committee to …

Sec. 264.5031. COLLECTION OF NEAR FATALITY DATA. (a) In this section, "near fatality" means a case where a physician has certified that a child is in critical or serious condition, and a caseworker determines that the child's condition was caused by the abuse or neglect of the ch…

Sec. 264.5032. REPORT ON CHILD FATALITY AND NEAR FATALITY DATA. (a) The department shall produce an aggregated report relating to child fatality and near fatality cases resulting from child abuse or neglect containing the following information: (1) any prior contact the departmen…

Sec. 264.504. MEETINGS OF COMMITTEE. (a) Except as provided by Subsections (b), (c), and (d), meetings of the committee are subject to the open meetings law, Chapter 551, Government Code, as if the committee were a governmental body under that chapter. (b) Any portion of a meetin…

Sec. 264.505. ESTABLISHMENT OF REVIEW TEAM. (a) A multidisciplinary and multiagency child fatality review team may be established for a county to review child deaths in that county. A county may join with an adjacent county or counties to establish a combined review team. (b) Any…

Sec. 264.506. PURPOSE AND DUTIES OF REVIEW TEAM. (a) The purpose of a review team is to decrease the incidence of preventable child deaths by: (1) providing assistance, direction, and coordination to investigations of child deaths; (2) promoting cooperation, communication, and co…

Sec. 264.507. DUTIES OF PRESIDING OFFICER. The presiding officer of a review team shall: (1) send notices to the review team members of a meeting to review a child fatality; (2) provide a list to the review team members of each child fatality to be reviewed at the meeting; (3) su…

Sec. 264.508. REVIEW PROCEDURE. (a) The review team of the county in which the injury, illness, or event that was the cause of the death of the child occurred, as stated on the child's death certificate, shall review the death. (b) On receipt of the list of child fatalities under…

Sec. 264.509. ACCESS TO INFORMATION. (a) A review team may request information and records regarding a deceased child as necessary to carry out the review team's purpose and duties. Records and information that may be requested under this section include: (1) medical, dental, and…

Sec. 264.510. MEETING OF REVIEW TEAM. (a) A meeting of a review team is closed to the public and not subject to the open meetings law, Chapter 551, Government Code. (b) This section does not prohibit a review team from requesting the attendance at a closed meeting of a person who…

Sec. 264.511. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) Information and records acquired by the committee or by a review team in the exercise of its purpose and duties under this subchapter are confidential and exempt from disclosure under the open records law, Chapter…

Sec. 264.512. GOVERNMENTAL UNITS. The committee and a review team are governmental units for purposes of Chapter 101, Civil Practice and Remedies Code. A review team is a unit of local government under that chapter. Added by Acts 1995, 74th Leg., ch. 255, Sec. 2, eff. Sept. 1, 19…

Sec. 264.513. REPORT OF DEATH OF CHILD. (a) A person who knows of the death of a child younger than six years of age shall immediately report the death to the medical examiner of the county in which the death occurs or, if the death occurs in a county that does not have a medical…

Sec. 264.514. PROCEDURE IN THE EVENT OF REPORTABLE DEATH. Text of subsection effective until April 01, 2027 (a) A medical examiner or justice of the peace notified of a death of a child under Section 264.513 shall hold an inquest under Chapter 49, Code of Criminal Procedure, to d…

Sec. 264.515. INVESTIGATION. (a) The investigation required by Section 264.514 must include: (1) an autopsy, unless an autopsy was conducted as part of the inquest; (2) an inquiry into the circumstances of the death, including an investigation of the scene of the death and interv…

Sec. 264.601. DEFINITIONS. In this subchapter: (1) "Abused or neglected child" means a child who is: (A) the subject of a suit affecting the parent-child relationship filed by a governmental entity; and (B) under the control or supervision of the department. (1-a) "Active volunte…

Sec. 264.602. CONTRACTS WITH ADVOCATE PROGRAMS. (a) The statewide organization with which the commission contracts under Section 264.603 shall contract for services with eligible volunteer advocate programs to provide advocacy services to abused or neglected children. (b) The con…

Sec. 264.603. ADMINISTRATIVE CONTRACTS. (a) The commission shall contract with one statewide organization that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code and that is co…

Sec. 264.604. ELIGIBILITY FOR CONTRACTS. (a) A person is eligible for a contract under Section 264.602 only if the person is a public or private nonprofit entity that operates a volunteer advocate program that: (1) uses individuals appointed as volunteer advocates or guardians ad…

Sec. 264.605. CONTRACT FORM. A person shall apply for a contract under Section 264.602 on a form provided by the commission. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 7, eff. September 1, 2…

Sec. 264.606. CRITERIA FOR AWARD OF CONTRACTS. The statewide organization with which the commission contracts under Section 264.603 shall consider the following in awarding a contract under Section 264.602: (1) the volunteer advocate program's eligibility for and use of funds fro…

Sec. 264.607. CONTRACT REQUIREMENTS. The commission shall require that a contract under Section 264.602 require the volunteer advocate program to: (1) make quarterly and annual financial reports on a form provided by the commission; (2) cooperate with inspections and audits that …

Sec. 264.608. REPORT TO THE LEGISLATURE. (a) Not later than December 1 of each year, the commission shall publish a report that: (1) summarizes reports from volunteer advocate programs under contract with the commission; (2) analyzes the effectiveness of the contracts made by the…

Sec. 264.609. RULE-MAKING AUTHORITY. The executive commissioner may adopt rules necessary to implement this subchapter. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 597 (S.B. 354), Sec. 11, eff. September 1, 2015.

Sec. 264.610. CONFIDENTIALITY. The commission may not disclose information gained through reports, collected case data, or inspections that would identify a person working at or receiving services from a volunteer advocate program. Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, e…

Sec. 264.611. CONSULTATIONS. In implementing this chapter, the commission shall consult with individuals or groups of individuals who have expertise in the dynamics of child abuse and neglect and experience in operating volunteer advocate programs. Added by Acts 1995, 74th Leg., …

Sec. 264.612. FUNDING. (a) The commission may solicit and receive grants or money from either private or public sources, including by appropriation by the legislature from the general revenue fund, to implement this chapter. (b) The need for and importance of the implementation o…

Sec. 264.613. USE OF INFORMATION AND RECORDS; CONFIDENTIALITY. (a) The files, reports, records, communications, and working papers used or developed in providing services under this subchapter are confidential and not subject to disclosure under Chapter 552, Government Code, and …

Sec. 264.614. INTERNET APPLICATION FOR CASE TRACKING AND INFORMATION MANAGEMENT SYSTEM. (a) Subject to the availability of money as described by Subsection (c), the department shall develop an Internet application that allows a court-appointed volunteer advocate representing a ch…

Sec. 264.751. DEFINITIONS. In this subchapter: (1) "Designated caregiver" means an individual who has a longstanding and significant relationship with a child or the family of a child for whom the department has been appointed managing conservator and who: (A) is appointed to pro…

Sec. 264.752. RELATIVE AND OTHER DESIGNATED CAREGIVER PLACEMENT PROGRAM. (a) The department shall develop and procure a program to: (1) promote continuity and stability for children for whom the department is appointed managing conservator by placing those children with relative …

Sec. 264.753. EXPEDITED PLACEMENT. The department shall expedite the completion of the background and criminal history check, the home study, and any other administrative procedure to ensure that the child is placed with a qualified relative or caregiver as soon as possible after…

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 o…

Sec. 264.7541. CAREGIVER VISIT WITH CHILD; INFORMATION. (a) Except as provided by Subsection (b), before placing a child with a proposed relative or other designated caregiver, the department must: (1) arrange a visit between the child and the proposed caregiver; and (2) provide …

Sec. 264.755. CAREGIVER ASSISTANCE AGREEMENT. (a) The department shall, subject to the availability of funds, enter into a caregiver assistance agreement with each relative or other designated caregiver to provide monetary assistance and additional support services to the caregiv…

Sec. 264.7551. FRAUDULENT AGREEMENT; CRIMINAL OFFENSE; CIVIL PENALTY. (a) A person commits an offense if, with intent to defraud or deceive the department, the person knowingly makes or causes to be made a false statement or misrepresentation of a material fact that allows a pers…

Sec. 264.756. ASSISTANCE WITH PERMANENT PLACEMENT. The department shall collaborate with the State Bar of Texas and local community partners to identify legal resources to assist relatives and other designated caregivers in obtaining conservatorship, adoption, or other permanent …

Sec. 264.757. COORDINATION WITH OTHER AGENCIES. The department shall coordinate with other health and human services agencies, as defined by Section 521.0001, Government Code, to provide assistance and services under this subchapter. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6…

Sec. 264.758. FUNDS. The department and other state agencies shall actively seek and use federal funds available for the purposes of this subchapter. Added by Acts 2005, 79th Leg., Ch. 268 (S.B. 6), Sec. 1.62((a)), eff. September 1, 2005.

Sec. 264.760. ELIGIBILITY FOR FOSTER CARE PAYMENTS AND PERMANENCY CARE ASSISTANCE. Notwithstanding any other provision of this subchapter, a relative or other designated caregiver who becomes verified by a licensed child-placing agency to operate an agency foster home under Chapt…

Sec. 264.762. ANNUAL REPORT. Not later than September 1 of each year, the department shall publish a report on the relative and other designated caregiver placement program created under this subchapter. The report must include data on permanency outcomes for children placed with…