1-1 AN ACT
1-2 relating to the parent-child relationship and to suits affecting
1-3 the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 45.002(b), Family Code, is amended to
1-6 read as follows:
1-7 (b) If the child is 10 [12] years of age or older, the
1-8 child's written consent to the change of name must be attached to
1-9 the petition.
1-10 SECTION 2. Section 102.003, Family Code, is amended to read
1-11 as follows:
1-12 Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An
1-13 original suit may be filed at any time by:
1-14 (1) a parent of the child;
1-15 (2) the child through a representative authorized by
1-16 the court;
1-17 (3) a custodian or person having the right of
1-18 visitation with or access to the child appointed by an order of a
1-19 court of another state or country;
1-20 (4) a guardian of the person or of the estate of the
1-21 child;
1-22 (5) a governmental entity;
1-23 (6) an authorized agency;
1-24 (7) a licensed child placing agency;
2-1 (8) a man alleging himself to be the biological father
2-2 of a child filing in accordance with Chapter 160, subject to the
2-3 limitations of Section 160.101, but not otherwise;
2-4 (9) a person, other than a foster parent, who has had
2-5 actual care, control, and possession of the child for at least [not
2-6 less than] six months ending not more than 90 days preceding the
2-7 date of the filing of the petition;
2-8 (10) a person designated as the managing conservator
2-9 in a revoked or unrevoked affidavit of relinquishment under Chapter
2-10 161 or to whom consent to adoption has been given in writing under
2-11 Chapter 162;
2-12 (11) a person with whom the child and the child's
2-13 guardian, managing conservator, or parent have resided for at least
2-14 [not less than] six months ending not more than 90 days preceding
2-15 the date of the filing of the petition if the child's guardian,
2-16 managing conservator, or parent is deceased at the time of the
2-17 filing of the petition; or
2-18 (12) a person who is the foster parent of a child
2-19 placed by the Department of Protective and Regulatory Services in
2-20 the person's home for at least 12 [a period of not less than 18]
2-21 months ending not more than 90 days preceding the date of the
2-22 filing of the petition.
2-23 (b) In computing the time necessary for standing under
2-24 Subsections (a)(9), (11), and (12), the court may not require that
2-25 the time be continuous and uninterrupted but shall consider the
2-26 child's principal residence during the relevant time preceding the
2-27 date of commencement of the suit.
3-1 SECTION 3. Sections 105.001(b) and (d), Family Code, are
3-2 amended to read as follows:
3-3 (b) Except as provided by Subsection (c), temporary
3-4 restraining orders and temporary injunctions under this section
3-5 shall be granted without the necessity of an affidavit or verified
3-6 pleading stating specific facts showing that immediate and
3-7 irreparable injury, loss, or damage will result before notice can
3-8 be served and a hearing can be held. Except as provided by
3-9 Subsection (h), an order may not be rendered under Subsection
3-10 (a)(1), (2), or (5) except after notice and a hearing. A temporary
3-11 restraining order or temporary injunction granted under this
3-12 section need not:
3-13 (1) define the injury or state why it is irreparable;
3-14 [or]
3-15 (2) state why the order was granted without notice; or
3-16 (3) include an order setting the cause for trial on
3-17 the merits with respect to the ultimate relief requested.
3-18 (d) In a suit, the court may dispense with the necessity
3-19 of[:]
3-20 [(1)] a bond in connection with temporary orders on
3-21 [in] behalf of the child[; and]
3-22 [(2) setting the cause for trial on the merits with
3-23 respect to the ultimate relief requested].
3-24 SECTION 4. Section 107.0135, Family Code, is amended to read
3-25 as follows:
3-26 Sec. 107.0135. APPOINTMENT OF ATTORNEY AD LITEM NOT
3-27 REQUIRED; CERTAIN CASES. A court is not required [under this
4-1 section] to appoint an attorney ad litem in a proceeding in which:
4-2 (1) a suit for the dissolution of a marriage is
4-3 uncontested; or
4-4 (2) the issues of possession of and access to a child
4-5 are agreed to by both parents.
4-6 SECTION 5. Section 107.014(a), Family Code, is amended to
4-7 read as follows:
4-8 (a) An attorney ad litem appointed under this subchapter to
4-9 represent a child:
4-10 (1) shall investigate to the extent the attorney ad
4-11 litem considers appropriate to determine the facts of the case;
4-12 (2) shall obtain and review copies of all of the
4-13 child's relevant medical, psychological, and school records; [and]
4-14 (3) may call, examine, or cross-examine witnesses; and
4-15 (4) shall become familiar with the American Bar
4-16 Association's standards of practice for lawyers who represent
4-17 children in abuse and neglect cases.
4-18 SECTION 6. Section 107.015, Family Code, is amended to read
4-19 as follows:
4-20 Sec. 107.015. ATTORNEY AD LITEM FEES. (a) An attorney
4-21 appointed to represent a child or parent as authorized by this
4-22 subchapter is entitled to [a] reasonable fees and expenses [fee] in
4-23 the amount set by the court to be paid by the parents of the child
4-24 unless the parents are indigent.
4-25 (b) If the court or associate judge determines that one or
4-26 more of the parties [or litigants] are able to defray the costs of
4-27 an attorney ad litem's fees and expenses [compensation] as
5-1 determined by the reasonable and customary fees for similar
5-2 services in the county of jurisdiction, the fees and expenses
5-3 [costs] may be ordered paid by one [either] or more of those [both]
5-4 parties, or the court or associate judge may order one [either] or
5-5 more of those [both] parties, prior to final hearing, to pay the
5-6 sums into the registry of the court or into an account authorized
5-7 by the court for the use and benefit of the attorney ad litem on
5-8 order of the court. The sums may be taxed as costs to be assessed
5-9 against one or more of the parties.
5-10 (c) If indigency of the parents is shown, an attorney
5-11 appointed to represent a child or parent in a suit to terminate the
5-12 parent-child relationship shall be paid from the general funds of
5-13 the county according to the fee schedule that applies to an
5-14 attorney appointed to represent a child in a suit under Title 3 as
5-15 provided by Chapter 51. The court may not award attorney ad litem
5-16 fees under this chapter against the state, a state agency, or a
5-17 political subdivision of the state except as provided by this
5-18 subsection.
5-19 SECTION 7. Section 107.051(c), Family Code, is amended to
5-20 read as follows:
5-21 (c) In a suit in which adoption is requested or possession
5-22 of or access to the child is an issue and in which the Department
5-23 of Protective and Regulatory Services is not a party [or has no
5-24 interest], the court shall appoint a private agency or person to
5-25 conduct the social study.
5-26 SECTION 8. Section 108.001(c), Family Code, is amended to
5-27 read as follows:
6-1 (c) Except as otherwise provided by law, [All] the records
6-2 required under this section to be maintained by the bureau of vital
6-3 statistics [and the records of a child-placing agency that has
6-4 ceased operations] are confidential [and no person is entitled to
6-5 access to or information from these records except for good cause
6-6 on an order of the court that rendered the order].
6-7 SECTION 9. Section 108.003, Family Code, is amended to read
6-8 as follows:
6-9 Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING ADOPTION.
6-10 (a) The clerk of a court that renders a decree of adoption shall,
6-11 not later than the 10th day of the first month after the month in
6-12 which the adoption is rendered, transmit to the central registry of
6-13 the bureau of vital statistics certified report of adoption that
6-14 includes:
6-15 (1) the name of the adopted child after adoption as
6-16 shown in the adoption order;
6-17 (2) the birth date of the adopted child;
6-18 (3) the docket number of the adoption suit;
6-19 (4) the identity of the court rendering the adoption;
6-20 (5) the date of the adoption order;
6-21 (6) the name and address of each parent, guardian,
6-22 managing conservator, or other person whose consent to adoption was
6-23 required or waived under Chapter 162 [159], or whose parental
6-24 rights were terminated in the adoption suit;
6-25 (7) the identity of the licensed child placing agency,
6-26 if any, through which the adopted child was placed for adoption;
6-27 and
7-1 (8) the identity, address, and telephone number of the
7-2 registry through which the adopted child may register as an
7-3 adoptee.
7-4 (b) Except as otherwise provided by law, for good cause
7-5 shown, or on an order of the court that granted the adoption or
7-6 terminated the proceedings under Section 155.001, the records
7-7 concerning a child maintained by the district clerk after rendition
7-8 of a decree of adoption, the records of a child-placing agency that
7-9 has ceased operations, and the records required under this section
7-10 to be maintained by the bureau of vital statistics are
7-11 confidential, and no person is entitled to access to or information
7-12 from these records.
7-13 SECTION 10. Section 108.005, Family Code, is amended to read
7-14 as follows:
7-15 Sec. 108.005. ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
7-16 STATISTICS. (a) When the bureau of vital statistics receives a
7-17 record [records] from the district clerk showing that continuing,
7-18 exclusive jurisdiction of a child has been lost due to the adoption
7-19 of the child, the bureau shall close the records concerning that
7-20 child.
7-21 (b) An [Except for statistical purposes, the bureau may not
7-22 disclose any information concerning the prior proceedings affecting
7-23 the child. Except as provided in Chapter 162, any subsequent]
7-24 inquiry concerning a [the] child who has been adopted shall be
7-25 handled as though the child had not [been] previously been the
7-26 subject of a suit affecting the parent-child relationship. [The
7-27 bureau shall provide to the Department of Protective and Regulatory
8-1 Services registry information as necessary for the department to
8-2 comply with federal law or regulations regarding the compilation or
8-3 reporting of adoption information to federal officials and other
8-4 information as necessary for the department to administer the
8-5 central registry as provided in Subchapter E, Chapter 162.]
8-6 [(b) On the receipt of additional records concerning a child
8-7 who has been the subject of a suit affecting the parent-child
8-8 relationship in which the records have been closed, a new file
8-9 shall be made and maintained.]
8-10 SECTION 11. Chapter 108, Family Code, is amended by adding
8-11 Section 108.110 to read as follows:
8-12 Sec. 108.110. RELEASE OF INFORMATION BY BUREAU OF VITAL
8-13 STATISTICS. (a) The bureau of vital statistics shall provide to
8-14 the Department of Protective and Regulatory Services:
8-15 (1) adoption information as necessary for the
8-16 department to comply with federal law or regulations regarding the
8-17 compilation or reporting of adoption information to federal
8-18 officials; and
8-19 (2) other information as necessary for the department
8-20 to administer its duties.
8-21 (b) The bureau may release otherwise confidential
8-22 information from the bureau's central record files to another
8-23 governmental entity that has a specific need for the information
8-24 and maintains appropriate safeguards to prevent further
8-25 dissemination of the information.
8-26 SECTION 12. Section 153.008, Family Code, is amended to read
8-27 as follows:
9-1 Sec. 153.008. CHILD'S CHOICE OF MANAGING CONSERVATOR. If
9-2 the child is 10 [12] years of age or older, the child may, by
9-3 writing filed with the court, choose the managing conservator,
9-4 subject to the approval of the court.
9-5 SECTION 13. Section 153.434, Family Code, is amended to read
9-6 as follows:
9-7 Sec. 153.434. LIMITATION ON RIGHT TO REQUEST ACCESS. A
9-8 biological or adoptive grandparent may not request possession of or
9-9 access to a grandchild if:
9-10 (1) each of the biological parents of the grandchild
9-11 has:
9-12 (A) died;
9-13 (B) had the person's parental rights terminated;
9-14 or
9-15 (C) [the grandparent is a parent of a person
9-16 whose parental rights with the child have been terminated by court
9-17 order or by death; or]
9-18 [(2) the grandparent is a parent of a person who has]
9-19 executed an affidavit of waiver of interest in child or an
9-20 affidavit of relinquishment of parental rights under Chapter 161
9-21 and the affidavit designates an authorized agency, licensed
9-22 child-placing agency, or person other than the child's stepparent
9-23 as the managing conservator of the child; and
9-24 (2) [(3) the other biological parent has died, has
9-25 executed an affidavit of waiver of interest in child or an
9-26 affidavit of relinquishment of parental rights under Chapter 161,
9-27 or has had that parent's parental rights terminated and] the
10-1 grandchild has been adopted, or is the subject of a pending suit
10-2 for adoption, by a person other than the child's stepparent.
10-3 SECTION 14. Section 155.204, Family Code, is amended by
10-4 amending Subsection (a) and adding Subsection (f) to read as
10-5 follows:
10-6 (a) Except as provided by Section 262.203, a [A] motion to
10-7 transfer by a petitioner or movant is timely if it is made at the
10-8 time the initial pleadings are filed. A motion to transfer by
10-9 another party is timely if it is made on or before the first Monday
10-10 after the 20th day after the date of service of citation or notice
10-11 of the suit or before the commencement of the hearing, whichever is
10-12 sooner. If a timely motion to transfer has been filed and no
10-13 controverting affidavit is filed within the period allowed for its
10-14 filing, the proceeding shall be transferred promptly without a
10-15 hearing to the proper court.
10-16 (f) If a transfer order has been rendered by a court
10-17 exercising jurisdiction under Chapter 262, a party may file the
10-18 transfer order with the clerk of the court of continuing, exclusive
10-19 jurisdiction. On receipt and without a hearing, the clerk of the
10-20 court of continuing, exclusive jurisdiction shall transfer the
10-21 files as provided by this subchapter.
10-22 SECTION 15. Section 156.006(b), Family Code, is amended to
10-23 read as follows:
10-24 (b) While a suit for modification is pending, the court may
10-25 not render a temporary order that has the effect of changing the
10-26 designation of a sole or joint managing conservator appointed in a
10-27 final order unless:
11-1 (1) the order is necessary because the child's present
11-2 living environment may endanger the child's physical health or
11-3 significantly impair the child's emotional development;
11-4 (2) the child's managing conservator has voluntarily
11-5 relinquished the actual care, control, and possession of the child
11-6 for more than six months and the temporary order is in the best
11-7 interest of the child; or
11-8 (3) the child is 10 [12] years of age or older and has
11-9 filed with the court in writing the name of the person who is the
11-10 child's choice for managing conservator and the temporary order
11-11 naming that person as managing conservator is in the best interest
11-12 of the child.
11-13 SECTION 16. Section 156.101(b), Family Code, is amended to
11-14 read as follows:
11-15 (b) The court may modify an order that designates a sole
11-16 managing conservator of a child 10 [12] years of age or older if:
11-17 (1) the child has filed with the court in writing the
11-18 name of the person who is the child's choice for managing
11-19 conservator; and
11-20 (2) the court finds that the appointment of the named
11-21 person is in the best interest of the child.
11-22 SECTION 17. (a) Section 156.301, Family Code, is amended to
11-23 read as follows:
11-24 Sec. 156.301. GROUNDS FOR MODIFICATION OF POSSESSION AND
11-25 ACCESS. The court may modify an order that sets the terms and
11-26 conditions for possession of or access to a child or that
11-27 prescribes the relative rights, privileges, duties, and powers of
12-1 conservators if:
12-2 (1) the circumstances of the child or a person
12-3 affected by the order have materially and substantially changed
12-4 since the date of the rendition of the order;
12-5 (2) the order has become unworkable or inappropriate
12-6 under existing circumstances;
12-7 (3) the notice of change of a conservator's residence
12-8 required by Chapter 105 [153] was not given or there was a change
12-9 in a conservator's residence to a place outside this state; [or]
12-10 (4) a conservator has repeatedly failed to give notice
12-11 of an inability to exercise possessory rights; or
12-12 (5) a conservator of the child has had a significant
12-13 history of alcohol or drug abuse since the date of the rendition of
12-14 the order.
12-15 (b) The change in law made by this section applies only to a
12-16 motion to modify an order or portion of a decree providing for
12-17 possession of or access to a child on or after the effective date
12-18 of this Act. A motion filed before the effective date of this Act
12-19 is governed by the law in effect on the date the motion was filed,
12-20 and the former law is continued in effect for that purpose. The
12-21 enactment of this section does not by itself constitute a material
12-22 and substantial change of circumstances sufficient to warrant
12-23 modification of a court order or portion of a decree that provides
12-24 for possession of or access to a child rendered before the
12-25 effective date of this Act.
12-26 SECTION 18. Section 161.001, Family Code, is amended to read
12-27 as follows:
13-1 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
13-2 RELATIONSHIP. The court may order termination of the parent-child
13-3 relationship if the court finds by clear and convincing evidence:
13-4 (1) that the parent has:
13-5 (A) voluntarily left the child alone or in the
13-6 possession of another not the parent and expressed an intent not to
13-7 return;
13-8 (B) voluntarily left the child alone or in the
13-9 possession of another not the parent without expressing an intent
13-10 to return, without providing for the adequate support of the child,
13-11 and remained away for a period of at least three months;
13-12 (C) voluntarily left the child alone or in the
13-13 possession of another without providing adequate support of the
13-14 child and remained away for a period of at least six months;
13-15 (D) knowingly placed or knowingly allowed the
13-16 child to remain in conditions or surroundings which endanger the
13-17 physical or emotional well-being of the child;
13-18 (E) engaged in conduct or knowingly placed the
13-19 child with persons who engaged in conduct which endangers the
13-20 physical or emotional well-being of the child;
13-21 (F) failed to support the child in accordance
13-22 with the parent's ability during a period of one year ending within
13-23 six months of the date of the filing of the petition;
13-24 (G) abandoned the child without identifying the
13-25 child or furnishing means of identification, and the child's
13-26 identity cannot be ascertained by the exercise of reasonable
13-27 diligence;
14-1 (H) voluntarily, and with knowledge of the
14-2 pregnancy, abandoned the mother of the child beginning at a time
14-3 during her pregnancy with the child and continuing through the
14-4 birth, failed to provide adequate support or medical care for the
14-5 mother during the period of abandonment before the birth of the
14-6 child, and remained apart from the child or failed to support the
14-7 child since the birth;
14-8 (I) contumaciously refused to submit to a
14-9 reasonable and lawful order of a court under Subchapter D, Chapter
14-10 261 [264];
14-11 (J) been the major cause of:
14-12 (i) the failure of the child to be
14-13 enrolled in school as required by the Education Code; or
14-14 (ii) the child's absence from the child's
14-15 home without the consent of the parents or guardian for a
14-16 substantial length of time or without the intent to return;
14-17 (K) executed before or after the suit is filed
14-18 an unrevoked or irrevocable affidavit of relinquishment of parental
14-19 rights as provided by this chapter;
14-20 (L) been convicted or has been placed on
14-21 community supervision, including deferred adjudication community
14-22 supervision, for being criminally responsible for the death or
14-23 serious injury of a child under the following sections of the Penal
14-24 Code or adjudicated under Title 3 for conduct that caused the death
14-25 or serious injury of a child and that would constitute a violation
14-26 of one of the following Penal Code sections:
14-27 (i) Section 19.02 (murder);
15-1 (ii) Section 19.03 (capital murder);
15-2 (iii) Section 19.04 (manslaughter);
15-3 (iv) Section 21.11 (indecency with a
15-4 child);
15-5 (v) [(iv)] Section 22.01 (assault);
15-6 (vi) [(v)] Section 22.011 (sexual
15-7 assault);
15-8 (vii) [(vi)] Section 22.02 (aggravated
15-9 assault);
15-10 (viii) [(vii)] Section 22.021 (aggravated
15-11 sexual assault);
15-12 (ix) [(viii)] Section 22.04 (injury to a
15-13 child, elderly individual, or disabled individual);
15-14 (x) [(ix)] Section 22.041 (abandoning or
15-15 endangering child);
15-16 (xi) [(x)] Section 25.02 (prohibited
15-17 sexual conduct);
15-18 (xii) [(xi)] Section 43.25 (sexual
15-19 performance by a child); and
15-20 (xiii) [(xii)] Section 43.26 (possession
15-21 or promotion of child pornography);
15-22 (M) had his or her parent-child relationship
15-23 terminated with respect to another child based on a finding that
15-24 the parent's conduct was in violation of Paragraph (D) or (E) or
15-25 substantially equivalent provisions of the law of another state;
15-26 (N) constructively abandoned the child who has
15-27 been in the permanent or temporary managing conservatorship of the
16-1 Department of Protective and Regulatory Services or an authorized
16-2 agency for not less than six months, and:
16-3 (i) the department or authorized agency
16-4 has made reasonable efforts to return the child to the parent;
16-5 (ii) the parent has not regularly visited
16-6 or maintained significant contact with the child; and
16-7 (iii) the parent has demonstrated an
16-8 inability to provide the child with a safe environment;
16-9 (O) failed to comply with the provisions of a
16-10 court order that specifically established the actions necessary for
16-11 the parent to obtain the return of the child who has been in the
16-12 permanent or temporary managing conservatorship of the Department
16-13 of Protective and Regulatory Services for not less than nine months
16-14 as a result of the child's removal from the parent under Chapter
16-15 262 for the abuse or neglect of the child;
16-16 (P) used a controlled substance, as defined by
16-17 Chapter 481, Health and Safety Code,[:]
16-18 [(i)] in a manner that endangered the
16-19 health or safety of the child, and:
16-20 (i) failed to complete a court-ordered
16-21 substance abuse treatment program; or
16-22 (ii) [repeatedly,] after completion of a
16-23 court-ordered substance abuse treatment program, continued to abuse
16-24 a controlled substance [in a manner that endangered the health or
16-25 safety of the child];
16-26 (Q) knowingly engaged in criminal conduct that
16-27 has resulted [results] in the parent's:
17-1 (i) conviction of an offense; and
17-2 (ii) confinement or imprisonment and
17-3 inability to care for the child for not less than two years from
17-4 the date of filing the petition; or
17-5 (R) been the cause of the child being born
17-6 addicted to alcohol or a controlled substance, other than a
17-7 controlled substance legally obtained by prescription, as defined
17-8 by Section 261.001(7); and
17-9 (2) that termination is in the best interest of the
17-10 child.
17-11 SECTION 19. Sections 161.211(a) and (b), Family Code, as
17-12 amended by Section 1, Chapter 600, Acts of the 75th Legislature,
17-13 Regular Session, 1997, and Section 2, Chapter 601, Acts of the 75th
17-14 Legislature, Regular Session, 1997, are reenacted to read as
17-15 follows:
17-16 (a) Notwithstanding Rule 329, Texas Rules of Civil
17-17 Procedure, the validity of an order terminating the parental rights
17-18 of a person who has been personally served or who has executed an
17-19 affidavit of relinquishment of parental rights or an affidavit of
17-20 waiver of interest in a child or whose rights have been terminated
17-21 under Section 161.002(b) is not subject to collateral or direct
17-22 attack after the sixth month after the date the order was signed.
17-23 (b) Notwithstanding Rule 329, Texas Rules of Civil
17-24 Procedure, the validity of an order terminating the parental rights
17-25 of a person who is served by citation by publication is not subject
17-26 to collateral or direct attack after the sixth month after the date
17-27 the order was signed.
18-1 SECTION 20. Section 162.008(b), Family Code, is amended to
18-2 read as follows:
18-3 (b) A petition for adoption may not be granted until the
18-4 following documents have been filed:
18-5 (1) a copy of the health, social, educational, and
18-6 genetic history report signed by the child's adoptive parents; and
18-7 (2) if the report is required to be submitted to the
18-8 bureau of vital statistics under [department by] Section
18-9 162.006(e), a certificate from the bureau [department]
18-10 acknowledging receipt of the report.
18-11 SECTION 21. Section 261.101(d), Family Code, is amended to
18-12 read as follows:
18-13 (d) Unless waived in writing by the person making the
18-14 report, the [The] identity of an individual making a report under
18-15 this chapter is confidential and may be disclosed only:
18-16 (1) as provided by [on the order of a court rendered
18-17 under] Section 261.201; or
18-18 (2) to a law enforcement officer for the purposes of
18-19 conducting a criminal investigation of the report.
18-20 SECTION 22. Section 261.201, Family Code, is amended by
18-21 amending Subsections (b) and (c) and adding Subsection (h) to read
18-22 as follows:
18-23 (b) A court may order the disclosure of information that is
18-24 confidential under this section if:
18-25 (1) a motion has been filed with the court requesting
18-26 the release of the information;
18-27 (2) a notice of hearing has been served on the
19-1 investigating agency and all other interested parties; and
19-2 (3) after hearing and an in camera review of the
19-3 requested information, the court determines that the disclosure of
19-4 the requested information is:
19-5 (A) essential to the administration of justice;
19-6 and
19-7 (B) not likely to endanger the life or safety
19-8 of:
19-9 (i) a child who is the subject of the
19-10 report of alleged or suspected abuse or neglect;
19-11 (ii) a person who makes a report of
19-12 alleged or suspected abuse or neglect; or
19-13 (iii) any other person who participates in
19-14 an investigation of reported abuse or neglect or who provides care
19-15 for the child.
19-16 (c) In addition to Subsection (b), a court, on its own
19-17 motion, may order disclosure of information that is confidential
19-18 under this section if:
19-19 (1) the order is rendered at a hearing for which all
19-20 parties have been given notice;
19-21 (2) the court finds that disclosure of the information
19-22 is:
19-23 (A) essential to the administration of justice;
19-24 and
19-25 (B) not likely to endanger the life or safety
19-26 of:
19-27 (i) a child who is the subject of the
20-1 report of alleged or suspected abuse or neglect;
20-2 (ii) a person who makes a report of
20-3 alleged or suspected abuse or neglect; or
20-4 (iii) any other person who participates in
20-5 an investigation of reported abuse or neglect or who provides care
20-6 for the child; and
20-7 (3) the order is reduced to writing or made on the
20-8 record in open court.
20-9 (h) This section does not apply to an investigation of child
20-10 abuse or neglect in a home or facility regulated under Chapter 42,
20-11 Human Resources Code.
20-12 SECTION 23. Section 261.301(b), Family Code, is amended to
20-13 read as follows:
20-14 (b) A state agency shall investigate a report that alleges
20-15 abuse or neglect occurred in a facility operated, licensed,
20-16 certified, or registered by that agency as provided by Subchapter
20-17 E. In conducting an investigation for a facility operated,
20-18 licensed, certified, registered, or listed by the department, the
20-19 department shall perform the investigation as provided by:
20-20 (1) Subchapter E; and
20-21 (2) the Human Resources Code.
20-22 SECTION 24. Section 261.303, Family Code, is amended by
20-23 amending Subsection (c) and adding Subsection (d) to read as
20-24 follows:
20-25 (c) If a parent or person responsible for the child's care
20-26 does not consent to release of the child's prior medical,
20-27 psychological, or psychiatric records or to a medical,
21-1 psychological, or psychiatric examination of the child that is
21-2 requested by the department or designated agency, the court having
21-3 family law jurisdiction shall, for good cause shown, order the
21-4 records to be released or the examination to be made at the times
21-5 and places designated by the court.
21-6 (d) A person, including a medical facility, that makes a
21-7 report under Subchapter B shall release to the department or
21-8 designated agency, as part of the required report under Section
21-9 261.103, records that directly relate to the suspected abuse or
21-10 neglect without requiring parental consent or a court order.
21-11 SECTION 25. Sections 261.305(a)-(c), Family Code, are
21-12 amended to read as follows:
21-13 (a) An investigation may include an inquiry into the
21-14 possibility that [the child,] a parent[,] or a person responsible
21-15 for the care of a [the] child who is the subject of a report under
21-16 Subchapter B has a history of medical or mental illness.
21-17 (b) If the parent or person [responsible for the care of the
21-18 child] does not consent to an examination or allow the department
21-19 or designated agency to have access to medical or mental health
21-20 records requested by the department or agency, the court having
21-21 family law jurisdiction, for good cause shown, shall order the
21-22 examination to be made or that the department or agency be
21-23 permitted to have access to the records under terms and conditions
21-24 prescribed by the court.
21-25 (c) If the court determines that the parent or person
21-26 [responsible for the care of the child] is indigent, the court
21-27 shall appoint an attorney to represent the parent or person
22-1 [responsible for the child] at the hearing [to obtain medical or
22-2 mental health records]. The fees for the appointed attorney shall
22-3 be paid as provided by Chapter 107 [the department or designated
22-4 agency].
22-5 SECTION 26. Section 261.405, Family Code, as amended by
22-6 Chapters 162 and 1374, Acts of the 75th Legislature, Regular
22-7 Session, 1997, is reenacted to read as follows:
22-8 Sec. 261.405. INVESTIGATIONS IN PRE-ADJUDICATION AND
22-9 POST-ADJUDICATION SECURE JUVENILE FACILITIES. A report of alleged
22-10 abuse or neglect in a public or private juvenile pre-adjudication
22-11 secure detention facility, including hold-over facilities, or
22-12 public or private juvenile post-adjudication secure correctional
22-13 facility, except for a facility operated solely for children
22-14 committed to the Texas Youth Commission, shall be made to a local
22-15 law enforcement agency for investigation. The local law
22-16 enforcement agency shall immediately notify the Texas Juvenile
22-17 Probation Commission of any report the agency receives.
22-18 SECTION 27. Section 261.406(b), Family Code, is amended to
22-19 read as follows:
22-20 (b) The department shall send a written report of the
22-21 department's investigation, as appropriate, to the Texas Education
22-22 Agency, the agency responsible for teacher certification, the local
22-23 school board or the school's [local] governing body, and the school
22-24 principal or director, unless the principal or director is alleged
22-25 to have committed the abuse or neglect, for appropriate action. On
22-26 request, the department shall provide a copy of the report of
22-27 investigation to the parent, managing conservator, or legal
23-1 guardian of a child who is the subject of the investigation and to
23-2 the person alleged to have committed the abuse or neglect. The
23-3 report of investigation shall be edited to protect the identity of
23-4 the persons who made the report of abuse or neglect [or provided
23-5 information for the report of abuse or neglect]. Section
23-6 261.201(b) applies to the release of confidential information
23-7 relating to the investigation of a report of abuse or neglect under
23-8 this section and to the identity of the person who made the report
23-9 of abuse or neglect.
23-10 SECTION 28. The heading of Chapter 262, Family Code, is
23-11 amended to read as follows:
23-12 CHAPTER 262. [EMERGENCY] PROCEDURES IN SUIT BY GOVERNMENTAL
23-13 ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD
23-14 SECTION 29. Section 262.001, Family Code, is amended to read
23-15 as follows:
23-16 Sec. 262.001. AUTHORIZED ACTIONS BY GOVERNMENTAL ENTITY.
23-17 (a) A governmental entity with an interest in the child may file a
23-18 suit affecting the parent-child relationship requesting an
23-19 [emergency] order or take possession of a child without a court
23-20 order as provided by this chapter.
23-21 (b) In determining the reasonable efforts that are required
23-22 to be made with respect to preventing or eliminating the need to
23-23 remove a child from the child's home or to make it possible to
23-24 return a child to the child's home, the child's health and safety
23-25 is the paramount concern.
23-26 SECTION 30. Section 262.002, Family Code, is amended to read
23-27 as follows:
24-1 Sec. 262.002. JURISDICTION [FOR EMERGENCY PROCEDURES]. A
24-2 suit brought by a governmental entity requesting an [emergency]
24-3 order under this chapter may be filed in a court with jurisdiction
24-4 to hear the suit in the county in which the child is found.
24-5 SECTION 31. Section 262.007(c), Family Code, is amended to
24-6 read as follows:
24-7 (c) If a person entitled to possession of the child is not
24-8 immediately available to take possession of the child, the law
24-9 enforcement officer shall deliver the child to the Department of
24-10 Protective and Regulatory Services. Until a person entitled to
24-11 possession of the child takes possession of the child, the
24-12 department may, without a court order, retain possession of the
24-13 child not longer than five [14] days after the date the child is
24-14 delivered to the department. While the department retains
24-15 possession of a child under this subsection, the department may
24-16 place the child in foster home care. If a parent or other person
24-17 entitled to possession of the child does not take possession of the
24-18 child before the sixth [15th] day after the date the child is
24-19 delivered to the department, the department shall proceed under
24-20 this chapter as if the law enforcement officer took possession of
24-21 the child under Section 262.104.
24-22 SECTION 32. The heading for Subchapter B, Chapter 262,
24-23 Family Code, is amended to read as follows:
24-24 SUBCHAPTER B. TAKING POSSESSION OF CHILD [IN EMERGENCY]
24-25 SECTION 33. Section 262.101, Family Code, is amended to read
24-26 as follows:
24-27 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
25-1 CHILD. An original suit [A petition or affidavit] filed by a
25-2 governmental entity that requests [requesting] permission to take
25-3 possession of a child without prior notice and a hearing must [in
25-4 an emergency shall] be supported by an affidavit sworn to by a
25-5 person with personal knowledge and stating [shall state] facts
25-6 sufficient to satisfy a person of ordinary prudence and caution
25-7 that:
25-8 (1) there is an immediate danger to the physical
25-9 health or safety of the child or the child has been a victim of
25-10 neglect or sexual abuse and that continuation in the home would be
25-11 contrary to the child's welfare; and
25-12 (2) there is no time, consistent with the physical
25-13 health or safety of the child, for an adversary hearing or to make
25-14 reasonable efforts to prevent or eliminate the need for the removal
25-15 of the child.
25-16 SECTION 34. Section 262.102(a), Family Code, is amended to
25-17 read as follows:
25-18 (a) Before a court may, without prior notice and a hearing,
25-19 issue a temporary restraining order or attachment of a child in a
25-20 suit [requesting an emergency order] brought by a governmental
25-21 entity, the court must find that:
25-22 (1) there is an immediate danger to the physical
25-23 health or safety of the child or the child has been a victim of
25-24 neglect or sexual abuse and that continuation in the home would be
25-25 contrary to the child's welfare; and
25-26 (2) there is no time, consistent with the physical
25-27 health or safety of the child and the nature of the emergency, to
26-1 hold an adversary hearing or to make reasonable efforts to prevent
26-2 or eliminate the need for removal of the child.
26-3 SECTION 35. Section 262.106, Family Code, is amended by
26-4 adding Subsection (d) to read as follows:
26-5 (d) For the purpose of determining under Subsection (a) the
26-6 first working day after the date the child is taken into
26-7 possession, the child is considered to have been taken into
26-8 possession by the Department of Protective and Regulatory Services
26-9 on the expiration of the five-day period permitted under Section
26-10 262.007(c) or 262.110(b), as appropriate.
26-11 SECTION 36. Section 262.109(d), Family Code, is amended to
26-12 read as follows:
26-13 (d) The written notice may be waived by the court at the
26-14 initial hearing:
26-15 (1) on a showing that the parents, conservators, or
26-16 other custodians of the child could not be located; or
26-17 (2) for other good cause.
26-18 SECTION 37. Section 262.110, Family Code, is amended to read
26-19 as follows:
26-20 Sec. 262.110. TAKING POSSESSION OF CHILD IN EMERGENCY WITH
26-21 INTENT TO RETURN HOME. (a) An authorized representative of the
26-22 Department of Protective and Regulatory Services, a law enforcement
26-23 officer, or a juvenile probation officer may take temporary
26-24 possession of a child without a court order on discovery of a child
26-25 in a situation of danger to the child's physical health or safety
26-26 when the sole purpose is to deliver the child without unnecessary
26-27 delay to the parent, managing conservator, possessory conservator,
27-1 guardian, caretaker, or custodian who is presently entitled to
27-2 possession of the child.
27-3 (b) Until a parent or other person entitled to possession of
27-4 the child takes possession of the child, the department may retain
27-5 possession of the child without a court order for not more than
27-6 five days. On the expiration of the fifth day, if a parent or
27-7 other person entitled to possession does not take possession of the
27-8 child, the department shall take action under this chapter as if
27-9 the department took possession of the child under Section 262.104.
27-10 SECTION 38. Subchapter B, Chapter 262, Family Code, is
27-11 amended by adding Section 262.113 to read as follows:
27-12 Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
27-13 CHILD. An original suit filed by a governmental entity that
27-14 requests to take possession of a child after notice and a hearing
27-15 must be supported by an affidavit sworn to by a person with
27-16 personal knowledge and stating facts sufficient to satisfy a person
27-17 of ordinary prudence and caution that:
27-18 (1) reasonable efforts have been made to prevent or
27-19 eliminate the need to remove the child from the child's home; and
27-20 (2) allowing the child to remain in the home would be
27-21 contrary to the child's welfare.
27-22 SECTION 39. Section 262.201, Family Code, is amended by
27-23 adding Subsection (g) to read as follows:
27-24 (g) For the purpose of determining under Subsection (a) the
27-25 14th day after the date the child is taken into possession, a child
27-26 is considered to have been taken into possession by the department
27-27 on the expiration of the five-day period permitted under Section
28-1 262.007(c) or 262.110(b), as appropriate.
28-2 SECTION 40. Section 262.2015, Family Code, is amended to
28-3 read as follows:
28-4 Sec. 262.2015. AGGRAVATED CIRCUMSTANCES [ACCELERATED TRIAL
28-5 ON THE MERITS]. (a) The court may waive the requirement of a
28-6 service plan and the requirement to make reasonable efforts to
28-7 return the child to a parent and may accelerate the trial schedule
28-8 to result in a final order for a child under the care of the
28-9 department at an earlier date than provided by Subchapter D,
28-10 Chapter 263, if the court finds that all reasonable efforts have
28-11 been made to return the child to a parent or that the parent has
28-12 subjected the child to aggravated circumstances.
28-13 (b) The court may find under Subsection (a) that a parent
28-14 has subjected the child to aggravated circumstances if:
28-15 (1) the parent abandoned the child without
28-16 identification or a means for identifying the child [orders at the
28-17 conclusion of the full adversary hearing that the child may not be
28-18 placed in the child's home];
28-19 (2) [finds that] the child is a victim of serious
28-20 bodily injury or sexual abuse inflicted by the parent or by another
28-21 person with the parent's consent; [and]
28-22 (3) the parent [finds that there is probable cause to
28-23 believe that a party to the suit] has engaged in conduct against
28-24 the child or against another child of the parent that would
28-25 constitute an offense under the following provisions of the Penal
28-26 Code:
28-27 (A) Section 19.02 (murder);
29-1 (B) Section 19.03 (capital murder);
29-2 (C) Section 19.04 (manslaughter);
29-3 (D) Section 21.11 (indecency with a child);
29-4 (E) [(B)] Section 22.011 (sexual assault);
29-5 (F) [(C)] Section 22.02 (aggravated assault);
29-6 (G) [(D)] Section 22.021 (aggravated sexual
29-7 assault);
29-8 (H) [(E)] Section 22.04 (injury to a child,
29-9 elderly individual, or disabled individual);
29-10 (I) [(F)] Section 22.041 (abandoning or
29-11 endangering child);
29-12 (J) [(G)] Section 25.02 (prohibited sexual
29-13 conduct);
29-14 (K) [(H)] Section 43.25 (sexual performance by a
29-15 child); or
29-16 (L) [(I)] Section 43.26 (possession or promotion
29-17 of child pornography);
29-18 (4) the parent voluntarily left the child alone or in
29-19 the possession of another person not the parent of the child for at
29-20 least six months without expressing an intent to return and without
29-21 providing adequate support for the child; or
29-22 (5) the parent's parental rights with regard to
29-23 another child have been involuntarily terminated based on a finding
29-24 that the parent's conduct violated Section 161.001(1)(D) or (E) or
29-25 a substantially equivalent provision of another state's law.
29-26 (c) On finding that reasonable efforts to prevent or
29-27 eliminate the need to remove the child or to make it possible for
30-1 the child to safely return to the child's home are not required,
30-2 the court shall at any time before the 30th day after the date of
30-3 the finding, conduct an initial permanency hearing under Subchapter
30-4 D, Chapter 263. Separate notice of the permanency plan is not
30-5 required but may be given with a notice of a hearing under this
30-6 section.
30-7 (d) The Department of Protective and Regulatory Services
30-8 shall make reasonable efforts to finalize the permanent placement
30-9 of a child for whom the court has made the finding described by
30-10 Subsection (c). The court shall set the suit for trial on the
30-11 merits as required by Subchapter D, Chapter 263, in order to
30-12 facilitate final placement of the child.
30-13 SECTION 41. Section 262.203, Family Code, is amended to read
30-14 as follows:
30-15 Sec. 262.203. TRANSFER OF SUIT. (a) On the motion of a
30-16 party or the court's own motion, if applicable, the court that
30-17 rendered the temporary order shall [transfer the suit] in
30-18 accordance with procedures provided by Chapter 155:
30-19 (1) transfer the suit to the court of continuing,
30-20 exclusive jurisdiction, if any; [or]
30-21 (2) if grounds exist for mandatory transfer from the
30-22 court of continuing, exclusive jurisdiction under Section 155.201,
30-23 order transfer of the suit from that court; or
30-24 (3) if grounds exist for transfer based on improper
30-25 venue, order transfer of the suit [if there is no court of
30-26 continuing jurisdiction,] to the court having venue of the suit
30-27 [affecting the parent-child relationship] under Chapter 103.
31-1 (b) Notwithstanding Section 155.204, a motion to transfer
31-2 relating to [under this section is timely if made at any time after
31-3 the date] a suit [was] filed under this chapter may be filed
31-4 separately from the petition and is timely if filed while the case
31-5 is pending.
31-6 (c) Notwithstanding Sections 6.407 and 103.002, a court
31-7 exercising jurisdiction under this chapter is not required to
31-8 transfer the suit to a court in which a parent has filed a suit
31-9 for dissolution of marriage before a final order for the protection
31-10 of the child has been rendered under Subchapter E, Chapter 263.
31-11 SECTION 42. Subchapter C, Chapter 262, Family Code, is
31-12 amended by adding Section 262.205 to read as follows:
31-13 Sec. 262.205. HEARING WHEN CHILD NOT IN POSSESSION OF
31-14 GOVERNMENTAL ENTITY. (a) In a suit requesting possession of a
31-15 child after notice and hearing, the court may render a temporary
31-16 restraining order as provided by Section 105.001. The suit shall
31-17 be promptly set for hearing.
31-18 (b) After the hearing, the court may grant the request to
31-19 remove the child from the parent, managing conservator, possessory
31-20 conservator, guardian, caretaker, or custodian entitled to
31-21 possession of the child if the court finds sufficient evidence to
31-22 satisfy a person of ordinary prudence and caution that:
31-23 (1) reasonable efforts have been made to prevent or
31-24 eliminate the need to remove the child from the child's home; and
31-25 (2) allowing the child to remain in the home would be
31-26 contrary to the child's welfare.
31-27 (c) If the court orders removal of the child from the
32-1 child's home, the court shall:
32-2 (1) issue an appropriate temporary order under Chapter
32-3 105; and
32-4 (2) inform each parent in open court that parental and
32-5 custodial rights and duties may be subject to restriction or
32-6 termination unless the parent is willing and able to provide a safe
32-7 environment for the child.
32-8 (d) If citation by publication is required for a parent or
32-9 alleged or probable father in an action under this chapter because
32-10 the location of the person is unknown, the court may render a
32-11 temporary order without regard to whether notice of the citation
32-12 has been published.
32-13 (e) Unless it is not in the best interest of the child, the
32-14 court shall place a child who has been removed under this section
32-15 with:
32-16 (1) the child's noncustodial parent; or
32-17 (2) another relative of the child if placement with
32-18 the noncustodial parent is inappropriate.
32-19 (f) If the court finds that the child requires protection
32-20 from family violence by a member of the child's family or
32-21 household, the court shall render a protective order for the child
32-22 under Title 4.
32-23 SECTION 43. Section 263.101, Family Code, is amended to read
32-24 as follows:
32-25 Sec. 263.101. DEPARTMENT TO FILE SERVICE PLAN. Not later
32-26 than the 45th day after the date the court renders a temporary
32-27 order appointing the department as temporary managing conservator
33-1 of a child [of the conclusion of a full adversary hearing] under
33-2 Chapter 262, the department or other agency appointed as the
33-3 managing conservator of a child shall file a service plan.
33-4 SECTION 44. Section 263.105(a), Family Code, is amended to
33-5 read as follows:
33-6 (a) The service plan currently in effect shall be filed with
33-7 the court [along with the next required status report].
33-8 SECTION 45. Section 263.201, Family Code, is amended to read
33-9 as follows:
33-10 Sec. 263.201. STATUS HEARING; TIME. (a) Not later than the
33-11 60th day after the date the court renders a temporary order
33-12 appointing the department as temporary managing conservator of a
33-13 child, the court shall hold a status hearing to review the child's
33-14 status and the service [permanency] plan developed for the child.
33-15 (b) A status hearing is not required if the court holds an
33-16 initial permanency hearing under Section 262.2015 before the date a
33-17 status hearing is required by this section.
33-18 SECTION 46. Section 263.202, Family Code, is amended by
33-19 adding Subsection (d) to read as follows:
33-20 (d) If a service plan with respect to a parent has not been
33-21 filed with the court, the court shall consider whether to waive the
33-22 service plan under Section 262.2015.
33-23 SECTION 47. Section 263.306, Family Code, is amended to read
33-24 as follows:
33-25 Sec. 263.306. PERMANENCY HEARINGS: PROCEDURE. (a) At each
33-26 permanency hearing the court shall:
33-27 (1) identify all persons or parties present at the
34-1 hearing or those given notice but failing to appear;
34-2 (2) review the efforts of the department or another
34-3 agency in:
34-4 (A) attempting to locate all necessary persons;
34-5 (B) requesting service of citation; and
34-6 (C) obtaining the assistance of a parent in
34-7 providing information necessary to locate an absent parent;
34-8 (3) return the child to the parent or parents if the
34-9 child's parent or parents are willing and able to provide the child
34-10 with a safe environment and the return of the child is in the
34-11 child's best interest;
34-12 (4) place the child with a person or entity, other
34-13 than a parent, entitled to service under Chapter 102 if the person
34-14 or entity is willing and able to provide the child with a safe
34-15 environment and the placement [return] of the child is in the
34-16 child's best interest;
34-17 (5) evaluate the department's efforts to identify
34-18 relatives who could provide the child with a safe environment, if
34-19 the child is not returned to a parent or another person or entity
34-20 entitled to service under Chapter 102;
34-21 (6) evaluate the parties' compliance with temporary
34-22 orders and the service plan;
34-23 (7) determine whether:
34-24 (A) the child continues to need substitute care;
34-25 (B) the child's current placement is appropriate
34-26 for meeting the child's needs; and
34-27 (C) other plans or services are needed to meet
35-1 the child's special needs or circumstances;
35-2 (8) if the child is placed in institutional care,
35-3 determine whether efforts have been made to ensure placement of the
35-4 child in the least restrictive environment consistent with the best
35-5 interest and special needs of the child;
35-6 (9) if the child is 16 years of age or older, order
35-7 services that are needed to assist the child in making the
35-8 transition from substitute care to independent living if the
35-9 services are available in the community;
35-10 (10) determine plans, services, and further temporary
35-11 orders necessary to ensure that a final order is rendered before
35-12 the date for dismissal of the suit under this chapter; and
35-13 (11) determine the date for dismissal of the suit
35-14 under this chapter and give notice in open court to all parties of:
35-15 (A) the dismissal date;
35-16 (B) the date of the next permanency hearing; and
35-17 (C) the date the suit is set for trial.
35-18 (b) The court shall also review the service plan, permanency
35-19 report, and other information submitted at the hearing to:
35-20 (1) determine:
35-21 (A) the safety of the child;
35-22 (B) the continuing necessity and appropriateness
35-23 of the placement;
35-24 (C) the extent of compliance with the case plan;
35-25 and
35-26 (D) the extent of progress that has been made
35-27 toward alleviating or mitigating the causes necessitating the
36-1 placement of the child in foster care; and
36-2 (2) project a likely date by which the child may be
36-3 returned to and safely maintained in the child's home, placed for
36-4 adoption, or placed in permanent managing conservatorship.
36-5 SECTION 48. Section 263.402, Family Code, is amended to read
36-6 as follows:
36-7 Sec. 263.402. MONITORED RETURN OF CHILD TO PARENT [OR
36-8 PLACEMENT WITH RELATIVE]. (a) Notwithstanding Section 263.401,
36-9 the court may retain jurisdiction and not dismiss the suit or
36-10 render a final order as required by that section if the court
36-11 renders a temporary order that:
36-12 (1) finds that retaining jurisdiction under this
36-13 section is in the best interest of the child;
36-14 (2) orders the department to return the child to the
36-15 child's parent [or to place the child with a relative of the
36-16 child];
36-17 (3) orders the department to continue to serve as
36-18 temporary managing conservator of the child; and
36-19 (4) orders the department to monitor the child's
36-20 placement to ensure that the child is in a safe environment.
36-21 (b) If the court renders an order under this section, the
36-22 court shall:
36-23 (1) include in the order specific findings regarding
36-24 the grounds for the order; and
36-25 (2) schedule a new date, not later than the 180th day
36-26 after the date the temporary order is rendered, for dismissal of
36-27 the suit.
37-1 (c) If a child placed with a parent [or relative] under this
37-2 section must be moved from that home by the department before the
37-3 dismissal of the suit or the rendering of a final order, the court
37-4 shall, at the time of the move, schedule a new date for dismissal
37-5 of the suit. The new dismissal date may not be later than the
37-6 original dismissal date established under Section 263.401 or the
37-7 180th day after the date the child is moved under this subsection,
37-8 whichever date is later.
37-9 (d) If the court renders an order under this section, the
37-10 court must include in the order specific findings regarding the
37-11 grounds for the order.
37-12 SECTION 49. Section 264.201, Family Code, is amended by
37-13 adding Subsection (e) to read as follows:
37-14 (e) The department may not provide and a court may not order
37-15 the department to provide supervision for visitation in a child
37-16 custody matter unless the department is a petitioner or intervener
37-17 in the underlying suit.
37-18 SECTION 50. Sections 263.003 and 263.004, Family Code, are
37-19 repealed.
37-20 SECTION 51. (a) This Act takes effect September 1, 1999.
37-21 (b) The change in law made by this Act to Section 45.002(b),
37-22 Family Code, applies only to a petition for a change of name of a
37-23 child that is filed on or after the effective date of this Act. A
37-24 petition filed before the effective date of this Act is governed by
37-25 the law in effect on the date the petition was filed, and the
37-26 former law is continued in effect for that purpose.
37-27 (c) The changes in law made to Sections 102.003, 105.001(b)
38-1 and (d), 107.0135, 107.014(a), 107.015, 153.008, 153.434,
38-2 156.006(b), and 156.101(b), Family Code, by this Act apply only to
38-3 a suit affecting the parent-child relationship filed on or after
38-4 the effective date of this Act. A suit filed before the effective
38-5 date of this Act is governed by the law in effect on the date the
38-6 suit was filed, and the former law is continued in effect for that
38-7 purpose.
38-8 (d) The change in law made by this Act to Chapter 262,
38-9 Family Code, applies only to a suit affecting the parent-child
38-10 relationship filed requesting an order to take possession of a
38-11 child or to a child taken into possession without a court order on
38-12 or after that date. A suit filed before the effective date of this
38-13 Act or a child taken into possession before the effective date of
38-14 this Act is governed by the law in effect on the date the suit was
38-15 filed or the child was taken into possession, as appropriate, and
38-16 the former law is continued in effect for that purpose.
38-17 SECTION 52. The importance of this legislation and the
38-18 crowded condition of the calendars in both houses create an
38-19 emergency and an imperative public necessity that the
38-20 constitutional rule requiring bills to be read on three several
38-21 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1622 was passed by the House on April
16, 1999, by a non-record vote; that the House refused to concur in
Senate amendments to H.B. No. 1622 on May 20, 1999, and requested
the appointment of a conference committee to consider the
differences between the two houses; and that the House adopted the
conference committee report on H.B. No. 1622 on May 30, 1999, by a
non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1622 was passed by the Senate, with
amendments, on May 18, 1999, by a viva-voce vote; at the request of
the House, the Senate appointed a conference committee to consider
the differences between the two houses; and that the Senate adopted
the conference committee report on H.B. No. 1622 on May 30, 1999,
by a viva-voce vote.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor