Tex. Family Code § 264.754
This is the official text of Tex. Family Code § 264.754, part of Texas’s Family Code — governs marriage, divorce, child custody and support, and adoption.
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§ 264.754. ASSESSMENT OF PROPOSED PLACEMENT.
Official statutory text
(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).
(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).
Status: in_force · Read it on the official government site
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