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A BILL TO BE ENTITLED
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AN ACT
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relating to the contents of a petition in certain suits affecting |
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the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.101, Family Code, is amended to read |
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as follows: |
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Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF |
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CHILD. (a) An original suit filed by a governmental entity that |
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requests permission to take possession of a child without prior |
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notice and a hearing must be supported by an affidavit sworn to by a |
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person with personal knowledge and stating facts sufficient to |
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satisfy a person of ordinary prudence and caution that: |
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(1) there is an immediate danger to the physical |
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health or safety of the child or the child has been a victim of |
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neglect or sexual abuse; |
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(2) continuation in the home would be contrary to the |
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child's welfare; |
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(3) there is no time, consistent with the physical |
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health or safety of the child, for a full adversary hearing under |
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Subchapter C; and |
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(4) 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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(b) The affidavit required by Subsection (a) must describe |
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all reasonable efforts, consistent with the circumstances and |
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providing for the safety of the child, that were made to prevent or |
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eliminate the need for the removal of the child. |
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SECTION 2. Section 262.102, Family Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) The temporary order, temporary restraining order, or |
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attachment of a child rendered by the court under Subsection (a) |
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must describe the reasonable efforts, consistent with the |
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circumstances and providing for the safety of the child, that were |
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made to prevent or eliminate the need for the removal of the child |
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as required by Subsection (a)(4). |
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SECTION 3. Section 262.105, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The affidavit required by Subsection (b) must describe |
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all reasonable efforts, consistent with the circumstances and |
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providing for the safety of the child, that were made to prevent or |
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eliminate the need for the removal of the child. |
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SECTION 4. Section 262.107, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) If the court does not order the return of the child at an |
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initial hearing under Subsection (a), the court must describe in |
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writing the reasonable efforts, consistent with the circumstances |
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and providing for the safety of the child, that were made to prevent |
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or eliminate the need for the removal of the child. |
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SECTION 5. Section 262.201, Family Code, is amended by |
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adding Subsection (g-2) to read as follows: |
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(g-2) If, at the conclusion of a full adversary hearing, the |
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court renders an order under Subsection (g) or (g-1), the court must |
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describe in writing: |
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(1) the reasonable efforts that were made to enable |
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the child to return home and the substantial risk of a continuing |
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danger if the child is returned home, as required by Subsection |
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(g)(3); or |
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(2) the reasonable efforts that were made to enable a |
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person's possession of the child and the continuing danger to the |
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physical health or safety of the child as required by Subsection |
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(g-1)(2). |
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SECTION 6. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship filed on or after the |
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effective date of this Act. A suit filed before the effective date |
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of this Act is governed by the law in effect on the date the suit is |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 7. This Act takes effect September 1, 2023. |
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