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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of children from abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsection (b), Section 262.1015, Family Code, |
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is amended to read as follows: |
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(b) A court may issue a temporary restraining order in a |
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suit by the department for the removal of an alleged perpetrator |
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under Subsection (a) if the department's petition states facts |
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sufficient to satisfy the court that: |
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(1) there is an immediate danger to the physical |
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health or safety of the child or the child has been a victim of |
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sexual abuse; |
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(2) there is no time, consistent with the physical |
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health or safety of the child, for an adversary hearing; |
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(3) the child is not in danger of abuse from a parent |
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or other adult with whom the child will continue to reside in the |
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residence of the child; [and] |
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(4) the parent or other adult with whom the child will |
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continue to reside in the child's home is likely to: |
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(A) make a reasonable effort to monitor the |
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residence; and |
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(B) report to the department and the appropriate |
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law enforcement agency any attempt by the alleged perpetrator to |
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return to the residence; and |
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(5) the issuance of the order is in the best interest |
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of the child. |
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SECTION 2. Subsection (b), Section 262.102, Family Code, is |
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amended to read as follows: |
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(b) In determining whether the circumstances described by |
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Subsections (a)(1) and (2) exist [there is an immediate danger to
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the physical health or safety of a child], the court shall [may] |
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consider whether the child's household includes a person who has: |
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(1) abused or neglected another child in a manner that |
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caused serious injury to or the death of the other child; or |
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(2) sexually abused another child. |
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SECTION 3. The change in law made by this Act to Subsection |
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(b), Section 262.1015, Family Code, applies only to a petition for a |
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temporary restraining order in a suit by the Department of Family |
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and Protective Services filed on or after the effective date of this |
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Act. A petition filed before the effective date of this Act is |
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governed by the law in effect on the date the petition was filed, |
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and the former law is continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |
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* * * * * |