SRC-JBJ H.B. 1566 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 1566
By: Morrison (Harris)
Jurisprudence
5/9/2001
Engrossed


DIGEST AND PURPOSE 

Recent federal legislation and policy interpretations have raised some
concerns regarding the wording of provisions relating to "reasonable
efforts" to prevent removal of a child from a home or to permit the return
of the child to the home.  H.B. 1566 ensures technical requirements of
federal law are met by requiring a court to determine if reasonable efforts
were made to prevent or eliminate the removal of the child.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 262.101, Family Code, to require an original
suit filed by a governmental entity that requests permission to take
possession of a child without prior notice and a hearing to be supported by
an affidavit sworn to by a person with personal knowledge and stating facts
sufficient to satisfy a person of ordinary prudence and caution that
certain conditions exist. 

SECTION 2.  Amends Section 262.102(a), Family Code, to require the court,
before a court may, without prior notice and a hearing, issue a temporary
restraining order or attachment of a child in a suit brought by a
governmental entity, to make certain findings. 

SECTION 3.  Amends Section 262.107(a), Family Code, to require the court to
order the return of the child at the initial hearing regarding a child
taken in possession without a court order by a governmental entity unless
the court is satisfied that certain conditions exist. 

SECTION 4.  Amends Section 262.201(b), Family Code, to require the court,
at the conclusion of the full adversary hearing, to order the return of the
child to the parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian entitled to possession unless the court
finds sufficient evidence to satisfy a person of ordinary prudence and
caution that certain conditions existed. 

SECTION 5.  Amends Sections 262.2015(a)-(c), Family Code, to delete
existing text regarding certain reasonable efforts.  Authorizes the court
to find under Subsection (a) that a parent has subjected the child to
aggravated circumstances under certain conditions.  Deletes existing text
regarding the need to remove the child. 

SECTION 6.  Amends Section 263.301(b), Family Code, to provide that certain
specific persons are entitled to at least 10 days' notice of a permanency
hearing and are entitled to present evidence and be heard at the hearing. 

SECTION 7.  Amends Section 263.306, Family Code, as follows:

 (a)  Requires the court, at each permanency hearing, to take certain
enumerated actions. 
 
 (b)  Requires the court to also review the service plan, permanency
report, and other information submitted at the hearing for certain
purposes. 

SECTION 8.  Amends Section 263.501(d), Family Code, to make a conforming
change. 

SECTION 9.  Amends Section 263.503, Family Code, to require the court, at
each placement review hearing, to make certain determinations. 

SECTION 10.  Repealer:  Section 262.111 (Finding That Child Cannot Remain
in or be Returned to Home), Family Code. 

SECTION 11.  Effective date: September 1, 2001.
              Makes application of this Act prospective.