Relating to restricting the collection and use of DNA samples from children in the managing conservatorship of the Department of Family and Protective Services.

Contracts

• Genetic Testing Labs: Master Service Agreements (MSAs) must be amended to include indemnification clauses requiring the ordering entity (CPA/DFPS) to warrant that Sec. 264.131 consent has been obtained prior to sample submission.
• Foster Parent Agreements: CPAs must update agreements to explicitly inform foster parents of their statutory authority as "primary caregivers" to grant or withhold DNA consent, distinguishing this from biological parent rights.

Hiring/Training

• "Stop and Verify" Protocol: Medical and casework staff must be trained to halt any buccal swab or blood draw intended for genetic analysis until a specific consent form or court order is physically present.
• Role-Based Authority: Staff must be trained to identify the correct signatory. In foster homes, it is the foster parent. In biological placements, it is the parent. Caseworkers generally *cannot* sign this consent.

Reporting & Record-Keeping

• New Consent Form: Deploy a "Section 264.131 DNA Collection Consent Form" immediately. This document must specify the purpose of collection and be signed by the current primary caregiver.
• Chain of Custody: Lab requisitions must include a mandatory field/checkbox confirming legal authorization.
• Case File Uploads: Authorization documents must be uploaded to the child’s permanent record *prior* to the physical collection of the sample.

Fees & Costs

• No Direct Fee Changes: There are no new state fees.
• Liability Exposure: Non-compliance creates high-cost exposure regarding privacy violations and potential license revocation for CPAs/RTCs.