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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures in a suit affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.014, Family Code, is amended to read |
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as follows: |
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Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. The [On the |
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request of the attorney for a parent who is a party in a suit |
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affecting the parent-child relationship filed under this chapter, |
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or the attorney ad litem for the parent's child, the] Department of |
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Family and Protective Services shall, not later than the seventh |
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day before the date of the full adversary hearing, provide to each |
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party: |
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(1) the name of any person, excluding a department |
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employee, whom the department will call as a witness to any of the |
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allegations contained in the petition filed by the department and |
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any witness statement provided by the person; |
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(2) a copy of any offense report relating to the |
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allegations contained in the petition filed by the department that |
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will be used in court to refresh a witness's memory; [and] |
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(3) a copy of any photograph, video, or recording that |
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will be presented as evidence; |
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(4) a copy of any report submitted to the department by |
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a medical provider with the forensic assessment center network |
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regarding a child who is the subject of the suit; |
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(5) all exculpatory, impeachment, or mitigating |
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evidence in the possession, custody, or control of the department |
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or its agent that: |
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(A) is relevant to a parent who is a party in the |
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suit; and |
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(B) tends to negate any claim of abuse or neglect |
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of a child by the parent; and |
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(6) a true and correct copy of the department's |
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investigative file, including the intake report with only the name |
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of the reporting party redacted. |
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SECTION 2. Section 262.105(a), Family Code, is amended to |
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read as follows: |
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(a) When a child is taken into possession without a court |
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order, the person taking the child into possession, without |
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unnecessary delay, shall: |
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(1) file a suit affecting the parent-child |
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relationship; |
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(2) request the court to appoint an attorney ad litem |
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for the child; [and] |
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(3) request an initial hearing to be held by no later |
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than the first business day after the date the child is taken into |
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possession; and |
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(4) provide notice of the initial hearing to the |
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person in possession of the child. |
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SECTION 3. Section 262.106(c), Family Code, is amended to |
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read as follows: |
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(c) If the initial hearing is not held within the time |
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required, the child shall be returned to the parent, managing |
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conservator, possessory conservator, guardian, caretaker, or |
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custodian who is presently entitled to possession of the child and |
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the suit affecting the parent-child relationship shall be |
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dismissed. |
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SECTION 4. Section 262.107(a), Family Code, is amended to |
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read as follows: |
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(a) The court shall order the return of the child at the |
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initial hearing regarding a child taken in possession without a |
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court order by a governmental entity and dismiss the suit affecting |
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the parent-child relationship, unless the court is satisfied that: |
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(1) the evidence shows that one of the following |
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circumstances exists: |
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(A) there is a continuing danger to the physical |
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health or safety of the child if the child is returned to the |
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parent, managing conservator, possessory conservator, guardian, |
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caretaker, or custodian who is presently entitled to possession of |
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the child; |
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(B) the child has been the victim of sexual abuse |
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or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one |
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or more occasions and that there is a substantial risk that the |
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child will be the victim of sexual abuse or of trafficking in the |
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future; |
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(C) the parent or person who has possession of |
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the child is currently using a controlled substance as defined by |
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Chapter 481, Health and Safety Code, and the use constitutes an |
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immediate danger to the physical health or safety of the child; or |
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(D) the parent or person who has possession of |
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the child has permitted the child to remain on premises used for the |
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manufacture of methamphetamine; |
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(2) continuation of the child in the home would be |
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contrary to the child's welfare; and |
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(3) 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 removal of the child. |
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SECTION 5. Section 262.201, Family Code, is amended by |
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amending Subsections (a), (g), and (g-1) and adding Subsections |
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(b), (b-1), and (h-1) to read as follows: |
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(a) In a suit filed under Section 262.101 or 262.105, |
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[unless the child has already been returned to the parent, managing |
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conservator, possessory conservator, guardian, caretaker, or |
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custodian entitled to possession and the temporary order, if any, |
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has been dissolved,] a full adversary hearing shall be held not |
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later than the 14th day after the date the child was taken into |
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possession by the governmental entity, unless: |
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(1) the court grants an extension under Subsection (e) |
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or (e-1); |
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(2) the child has already been returned to the parent, |
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managing conservator, possessory conservator, guardian, caretaker, |
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or custodian entitled to possession and the temporary order, if |
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any, has been dissolved; or |
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(3) the parties to the suit agree to name the |
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Department of Family and Protective Services as temporary managing |
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conservator of the child. |
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(b) A court shall give precedence to a hearing under this |
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section over all other hearings and complete the hearing as soon as |
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practicable. |
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(b-1) If the court has not held a full adversary hearing |
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before the end of the 14th day after the date the child was taken |
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into possession by the governmental entity, the court shall dismiss |
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the case unless the court grants an extension under Subsection (e) |
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or (e-1). |
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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 from whom the child is removed and dismiss the suit |
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affecting the parent-child relationship unless 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 was an immediate [a] danger to the physical |
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health or safety of the child at the time the child was removed, |
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including a danger that the child would be a victim of trafficking |
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under Section 20A.02 or 20A.03, Penal Code, which was caused by an |
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act or failure to act of the person entitled to possession and for |
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the child to remain in the home is contrary to the welfare of the |
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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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(g-1) In a suit filed under Section 262.101 or 262.105, if |
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the court does not order the return of the child under Subsection |
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(g) and finds that another parent, managing conservator, possessory |
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conservator, guardian, caretaker, or custodian entitled to |
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possession did not cause the immediate danger to the physical |
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health or safety of the child or was not the perpetrator of the |
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neglect or abuse alleged in the suit, the court shall name that |
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person temporary sole managing conservator [order possession] of |
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the child [by that person] unless the court finds by a preponderance |
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of the [sufficient] evidence [to satisfy a person of ordinary |
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prudence and caution] that, specific to each person entitled to |
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possession: |
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(1) the person cannot be located after the exercise of |
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due diligence by the Department of Family and Protective Services, |
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or the person is unable or unwilling to take possession of the |
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child; or |
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(2) reasonable efforts have been made to enable the |
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person's possession of the child, but possession by that person |
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presents a continuing danger to the physical health or safety of the |
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child caused by an act or failure to act of the person, including a |
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danger that the child would be a victim of trafficking under Section |
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20A.02 or 20A.03, Penal Code. |
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(h-1) If the court finds that the child has been abused or |
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neglected, the court shall record in the court's order the factual |
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basis for the finding of abuse or neglect, including to the extent |
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possible, each person's acts or omissions that formed the basis of |
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the court's finding of abuse or neglect. |
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SECTION 6. Section 263.002(c), Family Code, is amended to |
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read as follows: |
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(c) At each permanency hearing before the final order, the |
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court shall review the placement of each child in the temporary |
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managing conservatorship of the department who has not been |
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returned to the child's home. At the end of the hearing, the court |
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shall order the department to return the child to the child's parent |
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or parents and dismiss the case unless: |
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(1) the court finds, with respect to each parent, |
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that: |
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(A) [(1)] there is a continuing danger to the |
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physical health or safety of the child; and |
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(B) [(2)] returning the child to the child's |
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parent or parents is contrary to the welfare of the child; or |
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(2) the parties agree that the department should |
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continue as temporary managing conservator of the child. |
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SECTION 7. Section 263.501, Family Code, is amended by |
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adding Subsections (h) and (i) to read as follows: |
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(h) At each permanency hearing, the court shall order the |
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department to provide services to a parent for not more than six |
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months after the date of the permanency hearing, if the court |
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determines that further efforts at reunification with a parent are: |
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(1) in the best interests of the child; and |
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(2) likely to result in the child's safe return to the |
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parent. |
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(i) At each permanency hearing held under this section, the |
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court shall review the parent's progress relating to any services |
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the court has ordered and, if appropriate, on its own motion, modify |
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the final order to return the child to the parent. This subsection |
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does not prohibit the department or the child's attorney ad litem |
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from filing a motion to modify the final order. |
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SECTION 8. Section 263.5031(a), Family Code, is amended to |
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read as follows: |
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(a) At each permanency hearing after the court renders a |
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final order, the court shall: |
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(1) identify all persons and parties present at the |
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hearing; |
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(2) review the efforts of the department or other |
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agency in notifying persons entitled to notice under Section |
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263.0021; |
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(3) for a child placed with a relative of the child or |
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other designated caregiver, review the efforts of the department to |
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inform the caregiver of: |
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(A) the option to become verified by a licensed |
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child-placing agency to operate an agency foster home, if |
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applicable; and |
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(B) the permanency care assistance program under |
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Subchapter K, Chapter 264; and |
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(4) review the permanency progress report to |
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determine: |
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(A) the safety and well-being of the child and |
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whether the child's needs, including any medical or special needs, |
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are being adequately addressed; |
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(B) whether the child has been provided the |
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opportunity, in a developmentally appropriate manner, to identify |
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any adult, particularly an adult residing in the child's community, |
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who could be a relative or designated caregiver for the child; |
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(C) whether the department placed the child with |
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a relative or designated caregiver and the continuing necessity and |
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appropriateness of the placement of the child, including with |
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respect to a child who has been placed outside of this state, |
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whether the placement continues to be in the best interest of the |
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child; |
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(D) if the child is placed in institutional care, |
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whether efforts have been made to ensure that the child is placed in |
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the least restrictive environment consistent with the child's best |
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interest and special needs; |
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(E) the appropriateness of the primary and |
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alternative permanency goals for the child, whether the department |
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has made reasonable efforts to finalize the permanency plan, |
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including the concurrent permanency goals, in effect for the child, |
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and whether: |
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(i) the department has exercised due |
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diligence in attempting to place the child for adoption if parental |
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rights to the child have been terminated and the child is eligible |
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for adoption; or |
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(ii) another permanent placement, |
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including appointing a relative as permanent managing conservator |
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or returning the child to a parent, is appropriate for the child; |
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(F) for a child whose permanency goal is another |
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planned permanent living arrangement: |
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(i) the desired permanency outcome for the |
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child, by asking the child; |
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(ii) whether, as of the date of the hearing, |
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another planned permanent living arrangement is the best permanency |
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plan for the child and, if so, provide compelling reasons why it |
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continues to not be in the best interest of the child to: |
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(a) return home; |
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(b) be placed for adoption; |
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(c) be placed with a legal guardian; |
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or |
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(d) be placed with a fit and willing |
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relative; |
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(iii) whether the department has conducted |
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an independent living skills assessment under Section |
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264.121(a-3); |
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(iv) whether the department has addressed |
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the goals identified in the child's permanency plan, including the |
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child's housing plan, and the results of the independent living |
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skills assessment; |
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(v) if the youth is 16 years of age or |
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older, whether there is evidence that the department has provided |
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the youth with the documents and information listed in Section |
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264.121(e); and |
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(vi) if the youth is 18 years of age or |
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older or has had the disabilities of minority removed, whether |
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there is evidence that the department has provided the youth with |
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the documents and information listed in Section 264.121(e-1); |
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(G) if the child is 14 years of age or older, |
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whether services that are needed to assist the child in |
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transitioning from substitute care to independent living are |
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available in the child's community; |
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(H) whether the child is receiving appropriate |
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medical care and has been provided the opportunity, in a |
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developmentally appropriate manner, to express the child's opinion |
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on any medical care provided; |
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(I) for a child receiving psychotropic |
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medication, whether the child: |
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(i) has been provided appropriate |
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nonpharmacological interventions, therapies, or strategies to meet |
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the child's needs; or |
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(ii) has been seen by the prescribing |
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physician, physician assistant, or advanced practice nurse at least |
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once every 90 days; |
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(J) whether an education decision-maker for the |
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child has been identified, the child's education needs and goals |
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have been identified and addressed, and there are major changes in |
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the child's school performance or there have been serious |
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disciplinary events; and |
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(K) [for a child for whom the department has been |
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named managing conservator in a final order that does not include |
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termination of parental rights, whether to order the department to |
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provide services to a parent for not more than six months after the |
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date of the permanency hearing if: |
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[(i) the child has not been placed with a |
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relative or other individual, including a foster parent, who is |
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seeking permanent managing conservatorship of the child; and |
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[(ii) the court determines that further |
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efforts at reunification with a parent are: |
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[(a) in the best interest of the |
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child; and |
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[(b) likely to result in the child's |
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safe return to the child's parent; and |
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[(L)] whether the department has identified a |
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family or other caring adult who has made a permanent commitment to |
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the child. |
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SECTION 9. Section 264.203(n), Family Code, is amended to |
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read as follows: |
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(n) If the court renders an order granting the petition, the |
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court shall: |
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(1) state its findings in the order; and |
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(2) [make appropriate temporary orders under Chapter |
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105 necessary to ensure the safety of the child; and |
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[(3)] order the participation in specific services |
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narrowly tailored to address the findings made by the court under |
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Subsection (m). |
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SECTION 10. Section 262.106(b), Family Code, is repealed. |
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SECTION 11. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 12. This Act takes effect September 1, 2023. |