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A BILL TO BE ENTITLED
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AN ACT
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relating to the appointment of the Department of Family and |
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Protective Services and a child's parent or legal guardian as joint |
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managing conservators for the child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.352, Family Code, is amended by |
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adding Subsection (b) to read as follows: |
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(b) A court shall enter an order appointing the department |
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and the child's parent or legal guardian as joint managing |
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conservators of the child if the court finds sufficient evidence to |
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satisfy a person of ordinary prudence and caution that the child's |
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parent or legal guardian has: |
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(1) exhausted all reasonable means available to the |
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parent or legal guardian to obtain mental health services to meet |
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the child's needs; and |
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(2) agreed to actively participate in the child's |
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service plan in preparation for the child's return to the parent or |
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legal guardian. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |