74R10343 JMM-D
By Brady H.B. No. 2569
Substitute the following for H.B. No. 2569:
By Brady C.S.H.B. No. 2569
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to hearings on the removal of a child from the child's
1-3 home during an investigation of child abuse.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 262, Family Code, is
1-6 amended by adding Section 262.111 to read as follows:
1-7 Sec. 262.111. EXPEDITED HEARING AND APPEAL. (a) The
1-8 Department of Protective and Regulatory Services is entitled to an
1-9 expedited hearing under this chapter in any proceeding in which a
1-10 hearing is required if the department determines that a child
1-11 should be removed from the child's home because of an immediate
1-12 danger to the physical health or safety of the child.
1-13 (b) In any proceeding in which an expedited hearing is held
1-14 under Subsection (a), the department is entitled to an expedited
1-15 appeal on a ruling by a court that the child may not be removed
1-16 from the child's home.
1-17 (c) If a child is returned to the child's home after a
1-18 removal in which the department was entitled to an expedited
1-19 hearing under this section and the child is the subject of a
1-20 subsequent allegation of abuse or neglect, the department or any
1-21 other interested party is entitled to an expedited hearing on the
1-22 removal of the child from the child's home in the manner provided
1-23 by Subsection (a) and to an expedited appeal in the manner provided
1-24 by Subsection (b).
2-1 SECTION 2. This Act takes effect September 1, 1995, and
2-2 applies to a proceeding in which an investigation of the abuse of a
2-3 child is pending on or after that date.
2-4 SECTION 3. The importance of this legislation and the
2-5 crowded condition of the calendars in both houses create an
2-6 emergency and an imperative public necessity that the
2-7 constitutional rule requiring bills to be read on three several
2-8 days in each house be suspended, and this rule is hereby suspended.