Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.
Section 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).Amended by Acts 2017, Texas Acts of the 85th Leg. - Regular Session, ch. 587,Sec. 1, eff. 9/1/2017.Added by Acts 2005, 79th Leg., Ch. 268, Sec. 1.62 ((a)), eff. 9/1/2005.