79R2054 KKA-D

By:  Dutton                                                       H.B. No. 384



A BILL TO BE ENTITLED

AN ACT

relating to a presumption that placement of a child with a parent or 
relative is in the best interest of the child.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 262.201(e), Family Code, is amended to 
read as follows:  
	(e)  The court shall place a child removed from the child's 
custodial parent with the child's noncustodial parent or with a 
relative of the child if placement with the noncustodial parent is 
inappropriate, unless the department overcomes the presumption 
that placement with the noncustodial parent or a relative is [not] 
in the best interest of the child.
	SECTION 2.  Section 262.205(e), Family Code, is amended to 
read as follows:  
	(e)  Unless the department overcomes the presumption that 
the placement [it] is [not] in the best interest of the child, the 
court shall place a child who has been removed under this section 
with:
		(1)  the child's noncustodial parent;  or                                     
		(2)  another relative of the child if placement with 
the noncustodial parent is inappropriate.
	SECTION 3.  Section 263.404(a), Family Code, is amended to 
read as follows:  
	(a)  The court may render a final order appointing the 
department as managing conservator of the child without terminating 
the rights of the parent of the child if the court finds that:
		(1)  appointment of a parent as managing conservator 
would not be in the best interest of the child because the 
appointment would significantly impair the child's physical health 
or emotional development;  and
		(2)  the department has overcome the presumption that
it would [not] be in the best interest of the child to appoint a 
relative of the child or another person as managing conservator.
	SECTION 4.  This Act applies only to a suit affecting the 
parent-child relationship filed on or after the effective date of 
this Act.  A suit affecting the parent-child relationship filed 
before the effective date of this Act is governed by the law in 
effect on the date suit was filed, and the former law is continued 
in effect for that purpose.
	SECTION 5.  This Act takes effect September 1, 2005.