Legislative Blog

J.B. Williams, J.D.


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A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

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Blog Summary

SB 135 - Home Study with DFPS

SB 578 - Confidentiality of personal information in protective orders

SB 614 - Children placed under a parental child safety placement

SB 718 - Additional periods of possession/access to compensate for denial of court-ordered possession/access

SB 780 - Emergency possession of abandoned children by designated emergency infant care providers

SB 1379 - Pilot program to increase financial independence of foster youth



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6 more bills that modify the Family Code

Published: 2025-05-06

SB 135

Home Study with DFPS

A required home study regarding a potential caregiver or relative must be maintained in electronic form by the Department of Family and Protective Services.

SB 578

Confidentiality of personal information in protective orders

Now a court may protect, not only a mailing address, but a county of residence of the applicant in the protective order. The address and telephone number of the applicant's place of employment may also be protected.

This does bring up the question of the Respondent not being allowed within a set distance of where the applicant lives or works. Since the Respondent is not being provided that information. It does not negate that if they are at a location and see the applicant, they must leave the area. Just as if an applicant goes somewhere and they see the Respondent is already present, the applicant must leave the area.

SB 614

Children placed under a parental child safety placement

The Department of Family and Protective Services must provide a monthly report showing the number of children placed under a parental child safety placement agreement; the average duration of the placements; average duration during an investigation; and the percentage of children removed from placement and placed in the managing conservatorship of the department. The report must include if a court orders a child's parent; a child's managing conservator; a child's guardian; or a member of the child's household to participate in services.

An initial parent child safety placement agreement automatically terminates 30 days after signed or when the child is placed with a caregiver, whichever is earlier. The department may enter into no more than 2 additional child safety placement agreements for the child. Additional child safety placement agreements automatically terminate 30 days after being signed. A child may not be placed outside the home for more than 90 days unless the parent and their attorney sign or a court orders such.

Each plan requires the department to reevaluate the terms and conditions of the plan; and notify the parents of their right to refuse to enter the agreement and be represented by an attorney. They must also be advised that if they qualify as indigent, they qualify for a court-appointed attorney.

There is specific language that must be included.

SB 718

Additional periods of possession/access to compensate for denial of court-ordered possession/access

Additional periods of possession must be ordered if a party was denied access to the child(ren) because of a Department of Family and Protective Services investigation that did not result in finding of abuse or neglect.

SB 780

Emergency possession of abandoned children by designated emergency infant care providers

Added to the list of designated emergency infant care providers are fire departments. These are local government departments organized to prevent or suppress fires and are staffed 24 hours a day by employees of the local government. This would rule out some rural fire departments if they are all volunteer organizations.

The designated emergency infant care provider must take possession of a child under 60 days old if the parent leaves the child with an employee, or placed them in a newborn safety device located inside the provider's facility. The parent must not express the intent to return.

If a newborn safety device is placed, it must be physically located inside a facility that is staffed 24 hours a day by employees, in an area that is conspicuous and visible to employees, and be equipped with an alarm system to audibly notify an employee that a child has been placed there.

SB 1379

Pilot program to increase financial independence of foster youth

DFPS must establish a pilot program to assist foster youth in becoming financially secure and independent. DFPS must enter agreements with one or more banks to establish savings and checking accounts for youth who are at least 14 but under age 21, and are participating in the pilot program. The bank must agree that the youth is the sole owner of the account(s) and they do not need a co-signor. The department and bank must encourage the youth to continue the account(s) once they are no longer eligible for the program. There needs to be procedures to ensure participants maintain ownership in the account(s). The banks must agree that there will be no maintenance fees, no overdraft fees, no nonsufficient funds fees, no inactivity fees, or other penalty fees. And the department can make financial coaching or mentoring available to those in the pilot program.

There needs to be a survey of participants to assess any changes in attitudes, perceptions, and knowledge of financial matters between their entry in the program and there exit from the program. The department must complete an evaluation of the program and submit the report to the governor and legislature no later than December 31, 2027.

This section expires January 1, 2028.

Without financial coaching or mentoring regarding finances, I don't see how putting funds into a bank account will assist the youth in becoming financially independent. I fear the unfortunate of they didn't have enough money to be financially independent rather than they lacked information to be financially independent. We need to do better, and throwing money at it won't fix everything. I sincerely hope I'm wrong.

I recently watched a video where parents were ask to trust a child to do something without their assistance. They were ask to give a child funds and have them make a purchase in a store without the parent being in the store. I watched as parents drove their children somewhere, gave them the funds and sent them in to make a transaction. In my personal opinion, those given actual cash learned even more without it being a big deal. And I loved the children being so happy to be able to buy the donuts, the lunch, etc on their own. Perhaps if the foster youth have funds at 14, they could be directed to do something similar to begin understanding finances.

 


J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.


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