By Woolley                                      H.B. No. 3039

      75R4840 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to review of placement of children who are alleged to be

 1-3     victims of extreme conduct under the care of the Department of

 1-4     Protective and Regulatory Services.

 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-6           SECTION 1.  Subchapter A, Chapter 262, Family Code, is

 1-7     amended by adding Section 262.0005 to read as follows:

 1-8           Sec. 262.0005.  DEFINITION.  In this chapter, "extreme

 1-9     conduct" means violent or dangerous child abuse  that includes:

1-10                 (1)  an offense under Section 22.04, Penal Code,

1-11     involving injury to a child (injury to a child, elderly individual,

1-12     or disabled individual);

1-13                 (2)  an offense under Section 22.041, Penal Code

1-14     (abandoning or endangering child);

1-15                 (3)  an offense under Section 22.011, Penal Code

1-16     (sexual assault);

1-17                 (4)  an offense under Section 22.021, Penal Code

1-18     (aggravated sexual assault);

1-19                 (5)  abuse or neglect resulting in serious bodily

1-20     injury, serious mental deficiency, impairment, or injury to a

1-21     child; and

1-22                 (6)  any conduct that the court determines would

1-23     support the rendering of an order terminating the parent-child

1-24     relationship.

 2-1           SECTION 2.  Section 262.201, Family Code, is amended by

 2-2     adding Subsections (e), (f), and (g) to read as follows:

 2-3           (e)  If a child is alleged to be the victim of extreme

 2-4     conduct, the court shall make findings concerning:

 2-5                 (1)  whether there is evidence regarding extreme

 2-6     conduct;

 2-7                 (2)  the principal legal issues and requirements

 2-8     relating to necessary parties, service of citation, and appointment

 2-9     of attorneys and guardians ad litem;

2-10                 (3)  the services to be provided by the department or

2-11     other agency; and

2-12                 (4)  whether grounds exist to file suit for termination

2-13     of the parent-child relationship.

2-14           (f)  If a suit for termination of the parent-child

2-15     relationship is filed and a child is alleged to be the victim of

2-16     extreme conduct, the court:

2-17                 (1)  shall set deadlines for the completion of

2-18     requirements of Chapter 263;

2-19                 (2)  shall set deadlines for filing pleadings and

2-20     discovery; and

2-21                 (3)  shall set the trial date not later than the 180th

2-22     day after the date of the filing of the suit and may permit only

2-23     one continuance of the trial, but may not continue the trial date

2-24     later than the 270th day after the date of the filing of the suit.

2-25           (g)  If a child is alleged to be the victim of extreme

2-26     conduct, the court may not continue a trial under this chapter for

2-27     noncompliance with any placement agreement, service plan, or other

 3-1     agreement of services.

 3-2           SECTION 3.  This Act takes effect September 1, 1997, and

 3-3     applies only to an adversary hearing held under Section 262.201,

 3-4     Family Code, or a suit for termination of the parent-child

 3-5     relationship filed on or after that date.

 3-6           SECTION 4.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended.