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A BILL TO BE ENTITLED
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AN ACT
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relating to certain statutory references to the Department of |
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Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 33.003(f), Family Code, is amended to |
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read as follows: |
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(f) The court may appoint to serve as guardian ad litem: |
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(1) a person who may consent to treatment for the minor |
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under Sections 32.001(a)(1)-(3); |
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(2) a psychiatrist or an individual licensed or |
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certified as a psychologist under Chapter 501, Occupations Code; |
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(3) an appropriate employee of the Department of |
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Family and Protective [and Regulatory] Services; |
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(4) a member of the clergy; or |
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(5) another appropriate person selected by the court. |
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SECTION 2. Section 33.008, Family Code, is amended to read |
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as follows: |
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Sec. 33.008. PHYSICIAN'S DUTY TO REPORT ABUSE OF A MINOR; |
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INVESTIGATION AND ASSISTANCE. (a) A physician who has reason to |
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believe that a minor has been or may be physically or sexually |
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abused by a person responsible for the minor's care, custody, or |
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welfare, as that term is defined by Section 261.001, shall |
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immediately report the suspected abuse to the Department of Family |
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and Protective [and Regulatory] Services and shall refer the minor |
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to the department for services or intervention that may be in the |
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best interest of the minor. |
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(b) The Department of Family and Protective [and
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Regulatory] Services shall investigate suspected abuse reported |
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under this section and, if appropriate, shall assist the minor in |
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making an application with a court under Section 33.003. |
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SECTION 3. Section 51.095(d), Family Code, is amended to |
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read as follows: |
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(d) Subsections (a)(1) and (a)(5) apply to the statement of |
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a child made: |
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(1) while the child is in a detention facility or other |
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place of confinement; |
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(2) while the child is in the custody of an officer; or |
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(3) during or after the interrogation of the child by |
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an officer if the child is in the possession of the Department of |
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Family and Protective [and Regulatory] Services and is suspected to |
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have engaged in conduct that violates a penal law of this state. |
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SECTION 4. Section 81.005(a), Family Code, is amended to |
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read as follows: |
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(a) The court may assess reasonable attorney's fees against |
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the party found to have committed family violence or a party against |
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whom an agreed protective order is rendered under Section 85.005 as |
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compensation for the services of a private or prosecuting attorney |
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or an attorney employed by the Department of Family and Protective |
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[and Regulatory] Services. |
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SECTION 5. Section 81.006, Family Code, is amended to read |
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as follows: |
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Sec. 81.006. PAYMENT OF ATTORNEY'S FEES. The amount of fees |
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collected under this chapter as compensation for the fees: |
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(1) of a private attorney shall be paid to the private |
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attorney who may enforce the order for fees in the attorney's own |
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name; |
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(2) of a prosecuting attorney shall be paid to the |
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credit of the county fund from which the salaries of the employees |
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of the prosecuting attorney are paid or supplemented; and |
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(3) of an attorney employed by the Department of |
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Family and Protective [and Regulatory] Services shall be deposited |
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in the general revenue fund to the credit of the Department of |
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Family and Protective [and Regulatory] Services. |
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SECTION 6. Section 81.0075, Family Code, is amended to read |
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as follows: |
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Sec. 81.0075. REPRESENTATION BY PROSECUTING ATTORNEY IN |
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CERTAIN SUBSEQUENT ACTIONS. A prosecuting attorney who represents |
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a party in a proceeding under this subtitle is not precluded from |
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representing the Department of Family and Protective [and
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Regulatory] Services in a subsequent action involving the party. |
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SECTION 7. Section 82.002(d), Family Code, is amended to |
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read as follows: |
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(d) In addition, an application may be filed for the |
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protection of any person alleged to be a victim of family violence |
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by: |
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(1) a prosecuting attorney; or |
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(2) the Department of Family and Protective [and
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Regulatory] Services. |
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SECTION 8. Section 101.002, Family Code, is amended to read |
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as follows: |
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Sec. 101.002. AUTHORIZED AGENCY. "Authorized agency" means |
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a public social agency authorized to care for children, including |
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the [Texas] Department of Family and Protective [and Regulatory] |
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Services. |
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SECTION 9. Section 101.017, Family Code, is amended to read |
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as follows: |
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Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed |
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child placing agency" means a person, private association, or |
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corporation approved by the Department of Family and Protective |
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[and Regulatory] Services to place children for adoption through a |
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license, certification, or other means. |
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SECTION 10. Section 102.003(a), Family Code, is amended to |
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read as follows: |
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(a) An original suit may be filed at any time by: |
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(1) a parent of the child; |
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(2) the child through a representative authorized by |
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the court; |
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(3) a custodian or person having the right of |
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visitation with or access to the child appointed by an order of a |
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court of another state or country; |
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(4) a guardian of the person or of the estate of the |
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child; |
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(5) a governmental entity; |
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(6) an authorized agency; |
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(7) a licensed child placing agency; |
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(8) a man alleging himself to be the father of a child |
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filing in accordance with Chapter 160, subject to the limitations |
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of that chapter, but not otherwise; |
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(9) a person, other than a foster parent, who has had |
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actual care, control, and possession of the child for at least six |
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months ending not more than 90 days preceding the date of the filing |
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of the petition; |
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(10) a person designated as the managing conservator |
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in a revoked or unrevoked affidavit of relinquishment under Chapter |
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161 or to whom consent to adoption has been given in writing under |
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Chapter 162; |
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(11) a person with whom the child and the child's |
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guardian, managing conservator, or parent have resided for at least |
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six months ending not more than 90 days preceding the date of the |
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filing of the petition if the child's guardian, managing |
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conservator, or parent is deceased at the time of the filing of the |
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petition; |
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(12) a person who is the foster parent of a child |
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placed by the Department of Family and Protective [and Regulatory] |
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Services in the person's home for at least 12 months ending not more |
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than 90 days preceding the date of the filing of the petition; |
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(13) a person who is a relative of the child within the |
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third degree by consanguinity, as determined by Chapter 573, |
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Government Code, if the child's parents are deceased at the time of |
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the filing of the petition; or |
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(14) a person who has been named as a prospective |
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adoptive parent of a child by a pregnant woman or the parent of the |
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child, in a verified written statement to confer standing executed |
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under Section 102.0035, regardless of whether the child has been |
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born. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |