On the first day of early filing, State Representative Dade Phelan filed his first bill for the 85th Legislative Session. HB 289 will provide an additional option for Child Protective Services (CPS) and judges to cut through the red tape of kinship placement in the state of Texas. When a child is removed from a home for abuse or neglect, they typically enter our maligned foster care system. This can occur despite qualified and willing relatives or guardians available for placement.
HB289 will allow for CPS to petition a judge for immediate placement with a family member or caregiver through a protective order. The order would provide
custodial authority for the guardian while allowing the court the opportunity to provide reformative work plans for the offending parent(s) and visitation rights.
The order can last up to two years and can be rescinded at any time.
This legislation will reduce caseloads for CPS, district courts, child advocacy non-profits and prosecutors while saving millions in taxpayer dollars. The new caregiver will be spared the substantial legal expenses and time associated with removing a loved one from foster care.
“HB289 is another tool in the tool box for CPS and our courts. Not all Texans can be a foster parent but so many are prepared to take care of a family member.” Phelan continued, “This new protective order allows for the placement of a child in a safe, loving and comfortable environment while assuring the caregiver has the necessary authority to care for and protect.”
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