76R14132 E
By West H.B. No. 228
Substitute the following for H.B. No. 228:
By Isett C.S.H.B. No. 228
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to an abused child's removal from and return to certain
1-3 households; providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 262, Family Code, is amended by adding
1-6 Subchapter D to read as follows:
1-7 SUBCHAPTER D. PROTECTION OF CHILD FROM ABUSER
1-8 Sec. 262.301. PROHIBITION ON RETURN OF CHILD. Except as
1-9 provided by this subchapter, a court may not return a child to the
1-10 child's parent, managing conservator, possessory conservator,
1-11 guardian, caretaker, or custodian entitled to possession if the
1-12 court finds sufficient evidence to satisfy a person of ordinary
1-13 prudence and caution that a person residing or frequently visiting
1-14 the child's home has abused the child.
1-15 Sec. 262.302. RETURN OF CHILD TO RESIDENCE. A court may
1-16 return a child to the child's parent, managing conservator,
1-17 possessory conservator, guardian, caretaker, or custodian entitled
1-18 to possession if the court finds that:
1-19 (1) the child is not in danger of abuse from a parent
1-20 or other adult who resides in or frequently visits the child's
1-21 residence; or
1-22 (2) the child may be protected from further abuse by:
1-23 (A) prohibiting the person that has abused a
1-24 child from residing in or visiting the child's residence; or
2-1 (B) providing child and family services under
2-2 Subchapter C, Chapter 264.
2-3 Sec. 262.303. INFORMATION THE COURT MAY CONSIDER. In
2-4 deciding whether to return a child under this subchapter, the court
2-5 may consider information prepared by the department, including:
2-6 (1) a risk assessment that reports on the nature of
2-7 the alleged abuse and risk factors for the recurrence of abuse;
2-8 (2) information obtained in an investigation under
2-9 Chapter 261; and
2-10 (3) reports of physical or mental examinations.
2-11 Sec. 262.304. COURT ORDER TO PROTECT CHILD. (a) The court
2-12 may render an order that:
2-13 (1) provides for child and family services under
2-14 Subchapter C, Chapter 264, and monitoring by the department;
2-15 (2) prohibits a person that has physically or sexually
2-16 abused a child from residing in or visiting the child's residence;
2-17 or
2-18 (3) requires any other action to reduce the risk of
2-19 abuse or neglect after the child is returned home.
2-20 (b) An order for time-limited family support services and
2-21 monitoring by the department under this section is effective for a
2-22 period stated in the order, not to exceed 12 months.
2-23 Sec. 262.305. SERVICE OF ORDER. If a court order prohibits
2-24 a person who has abused a child from residing in or visiting the
2-25 child's home, a copy of the order shall be served on or delivered
2-26 in open court to:
2-27 (1) the person with whom the child will continue to
3-1 reside; and
3-2 (2) the person prohibited from residing in or visiting
3-3 the home.
3-4 Sec. 262.306. CRIMINAL PENALTY. (a) A person commits an
3-5 offense if, in violation of an order issued under Section 262.304,
3-6 the person attempts to reside in or visit the child's residence.
3-7 An offense under this subsection is a Class A misdemeanor unless it
3-8 is shown on the trial of the offense that the defendant has
3-9 previously been convicted under this subsection in which event the
3-10 offense is a felony of the third degree.
3-11 (b) A person commits an offense if the person fails to
3-12 report to the department and an appropriate law enforcement agency
3-13 an attempt by another person to reside in or visit the child's
3-14 residence in violation of an order issued under Section 262.304.
3-15 An offense under this subsection is a Class A misdemeanor unless it
3-16 is shown on the trial of the offense that the defendant has
3-17 previously been convicted under this subsection in which event the
3-18 offense is a felony of the third degree.
3-19 Sec. 262.307. REVIEW OF CHILD PLACEMENT. (a) The court
3-20 shall conduct a review of the circumstances of the child returned
3-21 under this subchapter at least once every six months to assess the
3-22 safety of the child, the risk of further abuse, the extent of
3-23 compliance with any order, and the continuing need for child and
3-24 family services.
3-25 (b) At each review under this section, the court shall
3-26 inform each parent that parental and custodial rights and duties
3-27 may be subject to restriction or termination unless the parent is
4-1 willing and able to provide a safe environment for the child.
4-2 (c) The court may dismiss the suit or render a final order
4-3 at any time on finding that the child's health and safety will be
4-4 adequately protected.
4-5 Sec. 262.308. REMOVAL OF CHILD AFTER RETURN HOME. (a)
4-6 Prior to the expiration of an order rendered under Section 262.304,
4-7 the department may again remove a child upon filing with the court
4-8 an affidavit sworn to by a person with personal knowledge and
4-9 stating facts sufficient to satisfy a person of ordinary prudence
4-10 and caution that:
4-11 (1) reasonable efforts have been made to prevent or
4-12 eliminate the need to remove the child from the child's home; and
4-13 (2) allowing the child to remain in the home would be
4-14 contrary to the child's welfare.
4-15 (b) Notice of removal shall be given to the parent or
4-16 caretaker as provided by Section 262.109.
4-17 (c) The court shall review the removal as provided by
4-18 Section 262.201.
4-19 SECTION 2. This Act takes effect September 1, 1999, and
4-20 applies to a child in the custody of the Department of Protective
4-21 and Regulatory Services on or after that date.
4-22 SECTION 3. The importance of this legislation and the
4-23 crowded condition of the calendars in both houses create an
4-24 emergency and an imperative public necessity that the
4-25 constitutional rule requiring bills to be read on three several
4-26 days in each house be suspended, and this rule is hereby suspended.