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House Bill 1087 |
House Author: Hull |
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Effective: 9-1-23 |
Senate Sponsor: Middleton |
House Bill 1087 amends the Family Code to prohibit a court from ordering termination of the parent-child relationship in a suit filed by the Department of Family and Protective Services (DFPS) unless the court finds by clear and convincing evidence that one of the following circumstances exist and describes the applicable finding in the order:
· DFPS made reasonable efforts to return the child to the parent before commencement of a trial on the merits and despite those reasonable efforts, a continuing danger remains in the home that prevents the child's return; or
· reasonable efforts to return the child to the parent have been waived by the court because the parent has subjected the child to aggravated circumstances.
The bill requires certain affidavits and orders in a suit affecting the parent-child relationship in which a child is removed from their home to state the reasonable efforts that were made to prevent or eliminate the need for the removal of the child. The bill also requires a court to document certain findings if, at the conclusion of a full adversary hearing, the court does not return a child to the person from whom the child was removed or does not order possession of the child by another applicable person entitled to possession.