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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of neglect of a child and suits affecting |
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the parent-child relationship in which the Department of Family and |
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Protective Services central is appointed joint managing |
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conservator with the parent. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001(4)(B)(i), Family Code, is |
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amended to read as follows: |
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(i) the refusal by a person responsible for a child's |
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care, custody, or welfare to permit the child to remain in or return |
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to the child's home resulting in the placement of the child in the |
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joint managing conservatorship of the department pursuant to |
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section 262.352 if: |
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(a) the child has a severe emotional |
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disturbance; |
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(b) the person's refusal is based solely on |
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the person's inability to obtain mental health services necessary |
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to protect the safety and well-being of the child; and |
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(c) the person has exhausted all reasonable |
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means available to the person to obtain the mental health services |
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described by Sub-subparagraph (b. |
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SECTION 2. Section 262.352, Family Code, is amended to read |
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as follows: |
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(b) Expired. Before a court may enter an order appointing the |
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department as the child's joint managing conservator with the |
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parent or legal guardian, the court must find sufficient evidence |
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to satisfy a person of ordinary prudence and caution that: |
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(1) the parent or legal guardian has exhausted all |
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reasonable means available to the parent or legal guardian to |
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obtain mental health services to meet the child's needs; |
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(2) the department is able to provide the services |
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necessary to meet the child's mental health needs; |
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(3) the department has identified an available |
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licensed placement for the child that can meet the child's mental |
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health needs; |
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(4) the parent or legal guardian has agreed to |
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actively participate in the child's service plan in preparation for |
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the child's return home; and |
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(5) the orders appointing the parent and the |
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department as the child's joint managing conservators is in the |
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child's best interest. |
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(c) Expired. Unless the court finds that the parent is |
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indigent, the court shall order child support and medical support |
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to be paid to the department in the amount equal to the cost of care |
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to offset the cost of the child's placement and medical care. |
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(d) A child in the joint managing conservatorship of the |
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parent or legal guardian and the department shall not receive |
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temporary emergency care under Section 264.107(g) in a hotel or |
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other unlicensed setting. |
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(e) If the department has not identified an available |
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licensed placement for the child that can meet the child's mental |
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health needs, the court shall either: |
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(i) Order that the child be placed with the |
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parent or legal guardian until another available licensed setting |
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is identified by the department, or |
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(ii) Discharge the department as the child's |
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joint managing conservator and dismiss the suit affecting the |
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parent-child relationship. |
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SECTION 2. This Act takes effect September 1, 2023. |