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AN ACT
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relating to persons entitled to notice of and to participation in |
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certain hearings regarding a child in the conservatorship of the |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 263.301(b), Family Code, is amended to |
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read as follows: |
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(b) The following persons are entitled to at least 10 days' |
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notice of a permanency hearing and are entitled to present evidence |
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and be heard at the hearing: |
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(1) the department; |
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(2) the foster parent, preadoptive parent, relative of |
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the child providing care, or director of the group home or |
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institution where the child is residing; |
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(3) each parent of the child; |
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(4) the managing conservator or guardian of the child; |
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(5) an attorney ad litem appointed for the child under |
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Chapter 107; |
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(6) a volunteer advocate appointed for the child under |
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Chapter 107; [and] |
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(7) the child if: |
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(A) the child is 10 years of age or older; or |
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(B) the court determines it is appropriate for |
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the child to receive notice; and |
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(8) any other person or agency named by the court to |
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have an interest in the child's welfare. |
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SECTION 2. Section 263.501(d), Family Code, is amended to |
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read as follows: |
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(d) The following are entitled to not less than 10 days' |
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notice of a placement review hearing and are entitled to present |
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evidence and be heard at the hearing: |
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(1) the department; |
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(2) the foster parent, preadoptive parent, relative of |
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the child providing care, or director of the group home or |
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institution in which the child is residing; |
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(3) each parent of the child; |
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(4) each possessory conservator or guardian of the |
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child; |
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(5) the child's attorney ad litem and volunteer |
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advocate, if the appointments were not dismissed in the final |
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order; [and] |
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(6) the child if: |
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(A) the child is 10 years of age or older; or |
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(B) the court determines it is appropriate for |
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the child to receive notice; and |
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(7) any other person or agency named by the court as |
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having an interest in the child's welfare. |
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SECTION 3. The change in law made by this Act applies only |
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to a hearing held on or after September 10, 2013. A hearing held |
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before that date is governed by the law as it existed immediately |
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before the effective date of this Act, and that law is continued in |
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effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2013. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 843 was passed by the House on May 2, |
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2013, by the following vote: Yeas 147, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 843 was passed by the Senate on May |
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20, 2013, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |