Tex.
Fam. Code 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).
Source:
Section 264.754 — Assessment of Proposed Placement, https://statutes.capitol.texas.gov/Docs/FA/htm/FA.264.htm#264.754 (accessed Jun. 5, 2024).
