SEB H.B. 797 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 797 By: Thompson Juvenile Justice and Family Issues 2/18/1999 Introduced BACKGROUND AND PURPOSE Approximately thirty years ago, the United States Congress passed the Uniform Child Custody Jurisdiction Act (UCCJA), which all 50 states, the District of Columbia, and the Virgin Islands in turn adopted. Because some provisions of the UCCJA proved unclear or produced inconsistent results through litigation, Congress approved the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) in 1997. H.B. 797 presents the UCCJEA to the 76th Texas Legislature for adoption. The UCCJEA combines child custody jurisdiction and enforcement and incorporates some standards from the federal Parental Kidnaping Prevention Act (PKPA). Regarding the jurisdictional provisions of the UCCJEA, this Act revises the child custody jurisdiction law to prioritize home state jurisdiction, as does the PKPA, clarifies emergency jurisdiction, and addresses a state's exclusive continuing jurisdiction in a child custody case. From the enforcement aspect, the UCCJEA implements a procedure for registering a child custody determination in another state, remedies habeas corpus issues, provides a warrant to take physical possession of the child if a court believes that a custodial parent may flee or harm the child, and establishes a role for public authorities in the enforcement process. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 152, Family Code, as follows: CHAPTER 152. New Title: UNIFORM CHILD CUSTODY AND ENFORCEMENT ACT SUBCHAPTER A. APPLICATION AND CONSTRUCTION Sec. 152.001. APPLICATION AND CONSTRUCTION. Requires that this chapter be applied and construed to promote the uniformity of the law among the states that enact it. SUBCHAPTER B. GENERAL PROVISIONS Sec. 152.101. SHORT TITLE. Authorizes this chapter to be cited as the Uniform Child Custody Jurisdiction and Enforcement Act. Sec. 152.102. DEFINITIONS. Defines "abandoned," "child," "child custody determination," "child custody proceeding," "commencement," "court," "home state," "initial determination," "issuing court," "issuing state," "modification," "person acting as a parent," "physical custody," "tribe," and "warrant." Sec. 152.103. PROCEEDINGS GOVERNED BY OTHER LAW. Establishes that this chapter does not govern an adoption proceeding or a proceeding pertaining to the authorization of emergency medical care for a child. Sec. 152.104. APPLICATION TO INDIAN TRIBES. Provides that a child custody proceeding that pertains to an Indian child as defined by the Indian Child Welfare Act (25 U.S.C. Section 1901 et seq.) is not subject to this chapter to the extent that it is governed by that Act. Requires a court of this state to treat a tribe as if it were a state of the United States for the purposes of applying this subchapter and Subchapter C. Establishes that a child custody determination made by a tribe under factual circumstances in substantial conformity with the jurisdictional standards of this chapter be recognized and enforced under Subchapter D. Sec. 152.105. INTERNATIONAL APPLICATION OF CHAPTER. Requires a court of this state to treat a foreign country as if it were a state of the United States for purposes of applying this subchapter and Subchapter C. Establishes that a child custody determination made in a foreign country under factual circumstances in substantial conformity with the jurisdictional standards of this chapter be recognized and enforced under Subchapter D, except if the child custody law of a foreign country violates fundamental principles of human rights. Sec. 152.106. EFFECT OF CHILD CUSTODY DETERMINATION. Provides that a child custody determination made by a court of this state that had jurisdiction under this chapter binds all persons who have been served in accordance with the laws of this state or notified in accordance with Section 152.108 or who have submitted to the jurisdiction of the court and who have been given an opportunity to be heard. Establishes that the determination is conclusive as to all decided issues of law and fact except to the extent the determination is modified. Sec. 152.107. PRIORITY. Provides that a question of existence or exercise of jurisdiction under this chapter raised in a child custody proceeding be given priority on the calendar and handled expeditiously upon request of a party. Sec. 152.108. NOTICE TO PERSONS OUTSIDE STATE. Authorizes notice required for the exercise of jurisdiction to be given in a manner prescribed by the law of this state for service of process or by the law of the state in which the service is made. Provides that notice be given in a manner reasonably calculated to give actual notice, but authorizes notice to be given by publication if other means are not effective. Authorizes proof of service to be made in the manner prescribed by either the law of this state or the law of the state where the service is made. Establishes that notice is not required for the exercise of jurisdiction with respect to a person who submits to the jurisdiction of the court. Sec. 152.109. APPEARANCE AND LIMITED IMMUNITY. (a) Provides that being physically present for the purpose of participating in a child custody proceeding, including a modification proceeding, or being a petitioner respondent in a proceeding to enforce or register a child custody determination does not establish personal jurisdiction in this state. (b) Establishes that a person subject to personal jurisdiction in this state on a basis other than physical presence is not immune from service of process in this state, nor is a party present in this state immune from service of process allowed under the laws of another state if the person is subject to the jurisdiction of that state. (c) Provides that the immunity granted by Subsection (a) does not extend to civil litigation based on acts committed by an individual while present in this state and unrelated to the participation in a proceeding under this chapter. Sec. 152.110. COMMUNICATION BETWEEN COURTS. Defines "record." Authorizes a court of this state to communicate with a court of another state concerning a proceeding arising under this chapter. Authorizes the court to allow the parties to participate in the communication or, if the parties are unable to participate, to be given the opportunity to present facts and legal arguments before a decision on jurisdiction is made. Authorizes communications between courts on schedules, calendars, court records, and similar matters to occur without informing the parties and without making a record of the communications. Provides that, aside from the previous exceptions, a record must be made of a communication under this section and the parties given notice of and access to the record of the communication. Sec. 152.111. TAKING TESTIMONY IN ANOTHER STATE. Authorizes a party to a child custody proceeding to offer the testimony of witnesses located in another state, including testimony of the parties and the child, by deposition or other means allowed in this state for testimony taken in another state. Authorizes the court to order that the testimony be taken in another state and to prescribe the methods for taking the testimony. Authorizes a court of this state to permit a person residing in another state to be deposed or to testify by telephone, audiovisual means, or other electronic means before a designated court or at another location in that state. Requires a court of this state to cooperate with courts of other states in designating locations for the deposition or testimony. Prohibits documentary evidence transmitted technologically from a court of another state to a court of this state from being excluded from evidence on an objection based on the means of transmission. Sec. 152.112. COOPERATION BETWEEN COURTS; PRESERVATION OF RECORDS. (a) Authorizes a court of this state to request the appropriate court of another state to hold an evidentiary hearing; to order a person to produce or give evidence pursuant to procedures of that state; to order an evaluation to be made for a pending child custody proceeding; to forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and to order a party to a child custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child. (b) Authorizes a court of this state to hold a hearing or to enter an order described in Subsection (a) upon request of a court of another state. (c) Authorizes travel and other necessary and reasonable expenses incurred under Subsections (a) and (b) to be assessed against the parties according to the law of this state. (d) Requires a court of this state to preserve the pertinent records with respect to a child custody proceeding until the child reaches age 18. Requires the court to forward a certified copy of those records upon appropriate request by a court or law enforcement official of another state. SUBCHAPTER C. JURISDICTION Sec. 152.201. INITIAL CHILD CUSTODY JURISDICTION. (a) Establishes that, except as otherwise provided by Section 152.204, a court of this state has jurisdiction to make an initial child custody determination only if this state is the child's home state or was the child's home state within six months prior to the commencement of the proceeding and a parent or person acting as a parent continues to live in this state; a court of another state does not have home state jurisdiction or has declined to exercise jurisdiction because this state would be a more appropriate forum for the proceeding under Section 152.207 or 152.208, the child and at least one parent or person acting as a parent have a significant connection with this state other than mere physical presence, and substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; all courts having aforementioned jurisdiction have declined to exercise jurisdiction because this state is the more appropriate forum to determine the child's custody under Section 152.207 or 152.208; or no court of any other state would have jurisdiction under the criteria specified in this subsection. (b) Provides that Subsection (a) is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (c) Establishes that physical presence of or personal jurisdiction over a child is not necessary or sufficient to make a child custody determination. Sec. 152.202. EXCLUSIVE CONTINUING JURISDICTION. Establishes that, except as otherwise provided by Section 152.204, a court of this state that made a child custody determination consistent with Section 152.201 or 152.203 has exclusive continuing jurisdiction over the determination until a court of this state determines that the child, the child's parents, and any person acting as a parent no longer have a significant connection with this state and that substantial evidence concerning the child's care, protection, training, and personal relationships is not available, or until a court of this or another state determines that the child, the child's parents, and any person acting as a parent no longer reside in this state. Authorizes a court of this state to modify a child custody determination if the court does not have exclusive continuing jurisdiction under this section and if it has jurisdiction to make an initial child custody determination under Section 152.201. Sec. 152.203. JURISDICTION TO MODIFY DETERMINATION. Prohibits a court of this state from modifying a child custody determination made by a court of another state, except as otherwise provided by Section 152.204, unless a court of this state has jurisdiction to make an initial determination under Section 152.201(a)(1) or (2), and the court of the other state determines it no longer has exclusive continuing jurisdiction under Section 152.202, or that a court of this state would be a more convenient forum under Section 152.207, or a court of this or another state determines that the child, the child's parents, or any person acting as a parent do not presumably reside in the other state. Sec. 152.204. TEMPORARY EMERGENCY JURISDICTION. (a) Establishes that a court of this state has temporary emergency jurisdiction if the child is present in this state and has been abandoned or needs protection because the child, a sibling, or a parent of the child is subjected to or threatened with mistreatment or abuse. (b) Provides that a child custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under Sections 152.201 through 152.203, if a proceeding has not commenced in another state having jurisdiction under those sections and no previous child custody determination is entitled to be enforced under this chapter. Establishes that, if a child custody proceeding has not commenced in a state having jurisdiction under Sections 152.201 through 152.203, a child custody determination made under this section becomes final, if it so provides and if this state becomes the home of the child. (c) Establishes that any order issued in a child custody proceeding by a court of this state under this section must specify a period that the court considers adequate to allow a person seeking an order in a court of another state with jurisdiction under Sections 152.201 through 152.203 to obtain that order if the proceeding has commenced in the other court or there is a previous child custody determination that is entitled to be enforced under this chapter. Specifies that the order issued in this state remains in effect until an order is obtained from the other state within the period specified or until the period expires. (d) Requires a court of this state which has been asked to make a child custody determination under this section to immediately communicate with a court of another state having jurisdiction under Sections 152.201 through 152.203 upon being informed that the other court has commenced a child custody proceeding or has made a determination. Requires a court of this state exercising jurisdiction under Sections 152.201 through 152.203 to immediately communicate with a court of another state upon being informed that the other court has commenced a proceeding or has made a determination under a statute similar to this section. The purpose of the communication is to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order. Sec. 152.205. NOTICE; OPPORTUNITY TO BE HEARD; JOINDER. Provides that notice and an opportunity to be heard in accordance with Section 152.108 be given to all persons entitled to notice under the law of this state for child custody proceedings before a determination is made under this chapter. Specifies that this chapter does not govern the enforceability of a child custody determination made without notice or an opportunity to be heard. Establishes that the law of this state governs the obligation to join a party and the right to intervene as a party in a child custody proceeding under this chapter as in child custody proceedings between residents of this state. Sec. 152.206. SIMULTANEOUS PROCEEDINGS. Prohibits a court of this state from exercising its jurisdiction under this subchapter if, at the commencement of the child custody proceeding, a court of another state having jurisdiction substantially in conformity with this chapter has commenced a proceeding, unless the other court has terminated or stayed the proceeding because a court of this state is a more convenient forum under Section 152.207, except as otherwise provided by Section 152.204. Requires a court of this state, except as otherwise provided by Section 152.204, to examine the court documents and other information supplied by the parties pursuant to Section 152.209, before hearing a child custody proceeding. Requires a court of this state to stay its proceeding and to communicate with the court of another state having jurisdiction substantially in accordance with this chapter if the court determines that the other court has commenced a proceeding. Requires the court of this state to dismiss the proceeding if the other court does not determine that the court of this state is a more appropriate forum. Requires a court of this state, in a child custody determination modification proceeding, to determine whether a proceeding has commenced in another state. Authorizes the court, if the proceeding has commenced, to stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement; to enjoin the parties from continuing with the proceeding for enforcement; or to proceed with the modifications under conditions it considers appropriate. Sec. 152.207. INCONVENIENT FORUM. (a) Authorizes a court of this state with jurisdiction to make a child custody determination under this chapter to decline to exercise that jurisdiction if it determines that it is an inconvenient forum and a court of another state is a more appropriate forum. Authorizes the issue of inconvenient forum to be raised upon motion of a party or the court or at the request of another court. (b) Requires a court of this state to consider whether it is appropriate for a court of another state to exercise jurisdiction before determining if the court is an inconvenient forum. Requires the court to allow the parties to submit information and to consider all relevant factors, including the likelihood of domestic violence and which state could best protect the child and the parties, the length of time the child has resided outside this state, the distance between the court in this state and the court in the state that would assume jurisdiction, the relative financial circumstances of the parties, any agreement of the parties as to which state should assume jurisdiction, the nature and location of the evidence to resolve the pending litigation such as the child's testimony, the ability of each court to decide the issue expeditiously and the procedures necessary to present the evidence, and the familiarity of each court with the facts and issues in the pending litigation. (c) Requires a court of this state that has determined that a court of another state is a more appropriate forum to stay the proceeding upon condition that a proceeding promptly commence in another designated state. Authorizes the court of this state to impose any other condition the court considers just and proper. (d) Authorizes a court of this state to decline to exercise its jurisdiction under this chapter if a child custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. Sec. 152.208. JURISDICTION DECLINED BY REASON OF CONDUCT. (a) Requires a court of this state, except as otherwise provided by Section 152.204, to decline to exercise its jurisdiction if the court has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct unless the parents and all persons acting as parents have acquiesced in the exercise of jurisdiction, a court of the state otherwise having jurisdiction under Sections 152.201 through 152.203 determines that this state is the more appropriate forum under Section 152.207, or no court of any other state would have jurisdiction under Sections 152.201 through 152.203. (b) Authorizes a court of this state which has declined to exercise its jurisdiction under this section to fashion an appropriate remedy to ensure the child's safety and to prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child custody proceeding is commenced in a court having jurisdiction. (c) Requires a court which has dismissed a petition or stayed a proceeding because it has declined to exercise its jurisdiction under this section to assess necessary and reasonable expenses against the party seeking to invoke its jurisdiction, unless the party establishes that the assessment would be inappropriate. Prohibits the court from assessing expenses against this state unless authorized by a law other than this chapter. Sec. 152.209. INFORMATION TO BE SUBMITTED TO COURT. (a) Requires each party to a child custody proceeding to give information under oath in its first pleading or in an attached affidavit regarding the child's whereabouts, the places where the child has lived for the past five years, and the names and present addresses of the persons with whom the child has lived during that period, subject to local law providing for the confidentiality of identifying information. Provides that the pleading or affidavit state whether the party has participated in any capacity in any other proceeding concerning the custody of or visitation with the child and if so, the identifying information of the case; whether the party knows of any proceeding that could affect the current proceeding and if so, the identifying information of the case; and whether the party knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims visitation or custody rights and if so, the names and addresses of those persons. (b) Authorizes the court to stay the proceeding upon motion of a party or its own motion until each party furnishes the information required by Subsection (a). (c) Requires the declarant of any affirmative information described in Subsection (a) to give additional information under oath as required by the court. Authorizes the court to examine the parties under oath for details of the information and other matters pertinent to the court's jurisdiction and disposition of the case. (d) Provides that each party has a continuing duty to inform the court of any proceeding in this or another state that could affect the current proceeding. (e) Establishes that identifying information be sealed if a party alleges that the health, safety, or liberty of a party or child would be jeopardized upon disclosure of identifying information. Prohibits the information from being disclosed to the other party or to the public unless the court orders the disclosure to be made after a hearing in which a court determines that the disclosure is in the interest of justice. Sec. 152.210. APPEARANCE OF PARTIES AND CHILD. Authorizes a court in a child custody proceeding in this state to order a party who is in this state to appear before the court with or without the child. Authorizes the court to order any person who is in this state and who has physical custody or control of the child to appear in person with the child. Authorizes the court to order that notice given under Section 152.108 include a statement directing the party in another state to appear in person with or without the child, and that failure to appear may result in a decision adverse to the party. Authorizes the court to enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section. Authorizes the court to require another party to pay reasonable and necessary travel and other expenses of a party and of the child in another state if the party wishes to or is directed to appear personally before the court. SUBCHAPTER D. ENFORCEMENT Sec. 152.301. DEFINITIONS. Defines "petitioner" and "respondent." Sec. 152.302. ENFORCEMENT UNDER HAGUE CONVENTION. Authorizes a court of this state under this subchapter to enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of the International Child Abduction as if it were a child custody determination. Sec. 152.303. DUTY TO ENFORCE. Requires a court of this state to recognize and enforce a child custody determination of a court of another state if the other court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter. Authorizes a court of this state to use any remedy available under other law of this state to enforce a determination made by a court of another state. Establishes that the remedies provided in this subchapter are cumulative and do not affect the availability of other remedies to enforce a determination. Sec. 152.304. TEMPORARY VISITATION. Authorizes a court of this state which does not have jurisdiction to modify a child custody determination to issue a temporary order enforcing a visitation schedule made by a court of another state or the visitation provisions of a child custody determination of another state that does not provide for a specific visitation schedule. Requires the court, in the temporary order enforcing the visitation provisions, to specify a time period that the court considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under Subchapter C. Provides that the order remains in effect until an order is obtained from the other court or the period expires. Sec. 152.305. REGISTRATION OF CHILD CUSTODY DETERMINATION. (a) Authorizes a child custody determination issued by a court of another state to be registered in this state, with or without a simultaneous request for enforcement, by sending to the appropriate court in this state a letter or other document requesting registration, one certified copy out of two copies of the determination sought to be registered, a statement that the order has not been modified, and the name and address of the person seeking registration and any parent or person acting as a parent who has been awarded custody or visitation in the determination that is sought to be registered, except as otherwise provided in Section 152.209. (b) Requires the registering court to cause the determination to be filed as a foreign judgment with one copy of any accompanying information and to serve notice upon the person seeking registration and parent or any person acting as a parent who has been awarded custody or visitation and to provide them with an opportunity to contest the registration in accordance with this section. (c) Provides that the notice required by Subsection (b) state that a registered determination is enforceable as of the date of registration in the same manner as a determination issued by a court of this state, a hearing to contest the validity of the registered determination must be requested within 20 days after service of notice, and failure to contest the registration will result in confirmation of the determination and preclude further contest of that determination with respect to any matter that could have been asserted. (d) Establishes that a person request a hearing to contest the validity of a registered order within 20 days after service of the notice. Requires the court to confirm the registered order at the hearing unless the person contesting registration establishes that the issuing court did not have jurisdiction under Subchapter C; the determination has been vacated, stayed, or modified by a court having jurisdiction under Subchapter C; or the person contesting the registration was not given the notice to which the person was entitled in accordance with the standards of Section 152.108, in the proceedings before the court that issued the order for which registration is sought. (e) Provides that if a timely request for a hearing to contest the validity of a registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation. (f) Specifies that confirmation of a registered order precludes further contest of the order with respect to any matter that could have been asserted at the time of registration. Sec. 152.306. ENFORCEMENT OF REGISTERED DETERMINATION. Authorizes a court of this state to grant any relief normally available under the law of this state to enforce a child custody determination made by a court of another state. Requires a court of this state to recognize and enforce a registered child custody determination of a court of another state. Prohibits a court of this state from modifying such a determination except in accordance with Subchapter C. Sec. 152.307. SIMULTANEOUS PROCEEDINGS. Requires a court of this state conducting a proceeding for enforcement under this subchapter to immediately communicate with the court of another state in which a proceeding for modifying the determination under Subchapter C is pending. Provides that the proceeding for enforcement continues unless the enforcing court stays or dismisses the proceeding after consulting with the modifying court. Sec. 152.308. EXPEDITED ENFORCEMENT OF CHILD CUSTODY DETERMINATION. (a) Provides that certified copies or copies of certified copies of all orders sought to be enforced and of any order confirming registration be attached to a verified petition under this subchapter. (b) Specifies that a petition for enforcement of a child custody determination state whether the court that issued the determination identified the jurisdictional basis upon which it relied and if so, what the basis was; whether the determination for which enforcement is sought has been vacated, stayed, or modified by a court whose decision must be enforced under this chapter and if so, the identifying information about the case; whether any proceeding has commenced that could affect the current proceeding and if so, the identifying information about the case; the present physical address of the child and the respondent, if known; whether relief in addition to the immediate physical custody of the child and attorney's fees is sought and if so, the relief sought; and the date and place of registration if the child custody determination has been registered and confirmed under Section 152.305. (c) Requires the court, upon the filing of a petition, to issue an order directing the respondent to appear in person with or without the child at a hearing, and authorizes the court to enter an order necessary to ensure the safety of the parties and the child. Provides that the hearing be held on the next judicial day after service of the order. Requires the court to hold the hearing on the first judicial day possible if the previous date is impossible. Authorizes the court to extend the date of hearing at the request of the petitioner. (d) Establishes that an order issued under Subsection (c) state the time and place of the hearing and advise the respondent that the court will award the petitioner immediate physical custody of the child, order the payment of expenses under Section 152.312, and may schedule a hearing to determine whether further relief is appropriate unless the respondent appears and establishes specific information about the child custody determination for which enforcement is sought. Sec. 152.309. SERVICE OF PETITION AND ORDER. Establishes that the petition and order be served upon the respondent and any person who has physical custody of the child by any method authorized by the law of this state, except as provided by Section 152.311. Sec. 152.310. HEARING AND ORDER. Requires the court to order the petitioner to take immediate physical custody of the child, unless the court issues a temporary emergency order or unless the respondent establishes specific information about the child custody determination for which enforcement is sought. Requires the court to award the expenses authorized under Section 152.312. Authorizes the court to grant additional relief, including a request for the assistance of law enforcement officials, and to set a further hearing to determine whether additional relief is appropriate. Authorizes the court to draw an adverse inference if a party called to testify refuses to answer because the testimony may be selfincriminating. Prohibits a privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child from being invoked under this subchapter. Sec. 152.311. WARRANT TO TAKE PHYSICAL CUSTODY OF CHILD. (a) Authorizes a petitioner, upon filing a petition seeking enforcement of a child custody determination, to file a verified application for the issuance of a warrant to take physical custody of the child if the child is imminently likely to suffer serious physical harm or be removed from this state. (b) Authorizes the court to issue a warrant to take physical custody of the child if the court finds that, based on the testimony of the petitioner or other witnesses, the child is imminently likely to suffer serious physical harm or be removed from this state. Requires the court to hold a hearing to hear the petition on the first judicial day possible if the judicial day after the execution of the warrant is impossible. Provides that the application for the warrant must include the statements required by Section 152.308(b). (c) Specifies that the warrant recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based, direct law enforcement officers to immediately take physical custody of the child, and provide for the placement of the child pending final relief. (d) Establishes that the respondent be served with the petition, warrant, and order immediately after the child is taken into physical custody. (e) Establishes that a warrant to take physical custody of a child is enforceable throughout this state. Authorizes the court to authorize law enforcement officers to enter private property to take physical custody of the child if the court finds that a less intrusive remedy is not effective. Authorizes the court to authorize law enforcement officers to make a forcible entry at any hour if required by exigent circumstances of the case. (f) Authorizes the court to impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian. Sec. 152.312. COSTS, FEES, AND EXPENSES. Requires the court to award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party unless the party from whom the fees are sought establishes that the award would be clearly inappropriate. Prohibits the court from assessing fees, costs, or expenses against a state unless authorized by law other than this chapter. Sec. 152.313. RECOGNITION AND ENFORCEMENT. Requires a court of this state to accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child custody determination by a court of another state, unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Subchapter C. Sec. 152.314. APPEALS. Authorizes an appeal to be taken from a final order in a proceeding under this subchapter in accordance with expedited appellate procedures in other civil cases. Prohibits the enforcing court from staying an order enforcing a child custody determination pending appeal, unless the court enters a temporary emergency order under Section 152.204. Sec. 152.315. ROLE OF PROSECUTOR OR PUBLIC OFFICIAL. Authorizes the prosecutor or other appropriate public official, in a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, to take lawful action, including resorting to a proceeding under this subchapter or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child custody determination in specific circumstances. Prohibits a prosecutor or appropriate public official from representing any party if the official is acting under this section. Sec. 152.316. ROLE OF LAW ENFORCEMENT. Authorizes a law enforcement officer to take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under Section 152.315 at the official's request. Sec. 152.317. COSTS AND EXPENSES. Authorizes the court to assess all direct expenses incurred by the appropriate public officials under Section 152.315 or 152.316 against the respondent if the respondent is not the prevailing party. Deletes existing Sections 152.001 through 152.025. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.