By Wise                                         H.B. No. 1336

      75R5841 JMM-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the emergency protection of children.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 262.101, Family Code, is amended to read

 1-5     as follows:

 1-6           Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF

 1-7     CHILD.  A petition or affidavit filed by a governmental entity

 1-8     requesting permission to take possession of a child in an emergency

 1-9     shall be sworn to by a person with personal knowledge and shall

1-10     state facts sufficient to satisfy a person of ordinary prudence and

1-11     caution that:

1-12                 (1)  there is an immediate danger to the physical

1-13     health or safety of the child or the child has been a victim of

1-14     sexual abuse or neglect and that continuation in the home would be

1-15     contrary to the child's welfare; and

1-16                 (2)  there is no time, consistent with the physical or

1-17     mental health or safety of the child, for an adversary hearing or

1-18     to make reasonable efforts to prevent or eliminate the need for the

1-19     removal of the child.

1-20           SECTION 2.  Subchapter B, Chapter 262, Family Code, is

1-21     amended by adding Section 262.1014 to read as follows:

1-22           Sec. 262.1014.  ENTITLEMENT TO PROTECTIVE ORDER.  If the

1-23     department determines after an investigation that child abuse or

1-24     neglect has occurred and that the child requires protection from

 2-1     injury, intimidation, or harassment by a member of the child's

 2-2     family or household, the department shall file for a protective

 2-3     order  for the child under Chapter 71.

 2-4           SECTION 3.  Section 262.104, Family Code, is amended to read

 2-5     as follows:

 2-6           Sec. 262.104.  TAKING POSSESSION OF A CHILD IN EMERGENCY

 2-7     WITHOUT A COURT ORDER.  If there is no time to obtain a temporary

 2-8     restraining order or attachment before taking possession of a child

 2-9     consistent with the health and safety of that child, an authorized

2-10     representative of the Department of Protective and Regulatory

2-11     Services, a law enforcement officer, or a juvenile probation

2-12     officer may take possession without a court order of a child in

2-13     imminent danger from the child's environment [without a court

2-14     order] under the following conditions, only:

2-15                 (1)  on personal knowledge of facts that would lead a

2-16     person of ordinary prudence and caution to believe that there is an

2-17     immediate danger to the physical health or safety of the child;

2-18                 (2)  on information furnished by another that has been

2-19     corroborated by personal knowledge of facts and all of which taken

2-20     together would lead a person of ordinary prudence and caution to

2-21     believe that there is an immediate danger to the physical health or

2-22     safety of the child;

2-23                 (3)  on personal knowledge of facts that would lead a

2-24     person of ordinary prudence and caution to believe that the child

2-25     has been the victim of sexual abuse;  or

2-26                 (4)  on information furnished by another that has been

2-27     corroborated by personal knowledge of facts and all of which taken

 3-1     together would lead a person of ordinary prudence and caution to

 3-2     believe that the child has been the victim of sexual abuse.

 3-3           SECTION 4.  The importance of this legislation and the

 3-4     crowded condition of the calendars in both houses create an

 3-5     emergency and an imperative public necessity that the

 3-6     constitutional rule requiring bills to be read on three several

 3-7     days in each house be suspended, and this rule is hereby suspended,

 3-8     and that this Act take effect and be in force from and after its

 3-9     passage, and it is so enacted.