HBA-MPA H.B. 43 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 43
By: Pitts
Juvenile Justice & Family Issues
2/9/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, grandparents and great-grandparents are not guaranteed a right
to custody of a child in an abusive parental relationship.  H.B. 43
requires a child  who is in a harmful or abusive situation to be placed
with grandparents or great-grandparents if they are qualified. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Subchapter B, Chapter 262, Family Code, by adding Section
262.1085, as follows: 

Sec. 262.1085. PLACEMENT OF A CHILD WITH A SUBSTITUTE CARE PROVIDER.
Requires a governmental entity, when taking possession of a child under
this chapter, to place that child with a grandparent or great-grandparent
if that person qualifies as a substitute caregiver.  Authorizes the
governmental entity to place the child with another relative or substitute
caregiver if the grandparent or great-grandparent does not qualify as a
substitute caregiver. 

SECTION 2. Effective date:  September 1, 1999.  
           Makes application of this Act prospective.

SECTION 3.  Emergency clause.