HB 5327

relating to placement of a child in the conservatorship of the
Department of Family and Protective Services with an adoptive
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Section 262.114(d), Family Code, is amended to
(d)  In making a placement decision for a child, the
department shall give preference to persons in the following order:
(1)  a person related to the child by blood, marriage,
(2)  a person with whom the child has a long-standing
(3)  an adoptive parent of a sibling of the child;
(5) [(4)]  a general residential operation.
SECTION 2.  Section 263.001(a), Family Code, is amended by
adding Subdivision (5) to read as follows:
(5)  "Adoptive parent of a sibling" means a person who
has adopted a sibling of a child in the conservatorship of the
SECTION 3.  Subchapter A, Chapter 263, Family Code, is
amended by adding Section 263.00202 to read as follows:
Sec. 263.00202.  PLACEMENT CONSIDERATIONS FOR SIBLINGS OF
ADOPTED CHILDREN.  (a)  Before making a placement decision for a
child for whom the department has been appointed managing
conservator, the department shall:
(1)  identify whether the child has any siblings who
(2)  notify an adoptive parent of a sibling who has been
identified under Subdivision (1) of the child's removal and
(3)  consider placing the child with the adoptive
parent of the child's sibling if:
(A)  the adoptive parent expresses interest in
having the child placed with the parent;
(B)  placement with the adoptive parent is in the
best interest of the child; and
(C)  placement with a person having a
long-standing and significant relationship with the child or the
child's family is not available or is not in the child's best
(b)  The department shall document in a child's case file:
(1)  the efforts the department made to identify and
notify an adoptive parent of a sibling of a child under this
(2)  any expression of interest from an adoptive parent
of a sibling in having the child placed with the adoptive parent;
(3)  the reasons for approving or denying the placement
of the child with an adoptive parent of a sibling who has expressed
(1)  supersede the placement preferences established
(2)  create an obligation for the department to place a
child with an adoptive parent of the child's sibling if the
placement is not in the child's best interest; or
(3)  create a cause of action or create an obligation or
duty that provides a basis for a cause of action for an act or
SECTION 4.  Section 264.751(1), Family Code, is amended to
(1)  "Designated caregiver" means an individual:
(i)  has a longstanding and significant
relationship with a child or the family of a child for whom the
department has been appointed managing conservator; or
(ii)  is an adoptive parent of a sibling of
(i) [(A)]  is appointed to provide
substitute care for the child, but is not verified by a licensed
child-placing agency to operate an agency foster home under Chapter
(ii) [(B)]  is subsequently appointed
permanent managing conservator of the child after providing the
care described by Subparagraph (i) [Paragraph (A)].
SECTION 5.  This Act takes effect September 1, 2025.