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A BILL TO BE ENTITLED
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AN ACT
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relating to suits affecting the parent-child relationship and |
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placement decisions for children in foster care. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.003(a), Family Code, is amended to |
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read as follows: |
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Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An |
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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 Services in the |
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person's home and with whom the child has resided for at least six |
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[12] months, or for at least three months if the child was placed |
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with the foster parent when the child was under two months of age, |
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ending not more than 90 days preceding the date of the filing of the |
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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 2. Subchapter B, Chapter 264, Family Code, is |
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amended by adding Section 264.1076 to read as follows: |
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Sec. 264.1076. CONSIDERATIONS IN MODIFYING PLACEMENT |
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DECISION. In determining whether to modify a foster care placement |
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decision, the department shall consider: |
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(1) the length of time the child has resided with the |
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foster care provider; |
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(2) the degree to which the child has formed an |
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attachment to the foster care provider; and |
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(3) the potential harm to the child caused by |
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separation from the foster care provider or by the disruption of a |
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stable placement. |
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SECTION 3. This Act takes effect September 1, 2013. |