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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures for taking possession of a child in a |
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suit affecting the parent-child relationship involving the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 262.201(g), (h), and (j), Family Code, |
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are amended to read as follows: |
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(g) In a suit filed under Section 262.101 or 262.105, at the |
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conclusion of the full adversary hearing, the court shall order the |
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return of the child to the parent, managing conservator, possessory |
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conservator, guardian, caretaker, or custodian entitled to |
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possession unless the court finds by a preponderance of the |
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[sufficient] evidence [to satisfy a person of ordinary prudence and |
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caution] that: |
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(1) there was a danger to the physical health or safety |
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of the child, including a danger that the child would be a victim of |
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trafficking under Section 20A.02 or 20A.03, Penal Code, which was |
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caused by an act or failure to act of the person entitled to |
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possession and for the child to remain in the home is contrary to |
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the welfare of the child; |
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(2) the urgent need for protection required the |
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immediate removal of the child and reasonable efforts, consistent |
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with the circumstances and providing for the safety of the child, |
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were made to eliminate or prevent the child's removal; and |
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(3) reasonable efforts have been made to enable the |
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child to return home, but there is a substantial risk of a |
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continuing danger if the child is returned home. |
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(h) In a suit filed under Section 262.101 or 262.105, if the |
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court finds by a preponderance of the [sufficient] evidence [to |
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satisfy a person of ordinary prudence and caution] that there is a |
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continuing danger to the physical health or safety of the child and |
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for the child to remain in the home is contrary to the welfare of the |
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child, the court shall issue an appropriate temporary order under |
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Chapter 105. |
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(j) In a suit filed under Section 262.113, at the conclusion |
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of the full adversary hearing, the court shall issue an appropriate |
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temporary order under Chapter 105 if the court finds by a |
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preponderance of the [sufficient] evidence [to satisfy a person of |
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ordinary prudence and caution] that: |
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(1) there is a continuing danger to the physical |
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health or safety of the child caused by an act or failure to act of |
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the person entitled to possession of the child and continuation of |
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the child in the home would be contrary to the child's welfare; and |
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(2) reasonable efforts, consistent with the |
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circumstances and providing for the safety of the child, were made |
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to prevent or eliminate the need for the removal of the child. |
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SECTION 2. Section 262.201, Family Code, as amended by this |
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Act, applies only to a suit filed by the Department of Family and |
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Protective Services on or after the effective date of this Act. A |
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suit filed by the department before that date is governed by the law |
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in effect on the date the suit was filed, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2021. |