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AN ACT
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relating to the dismissal or nonsuit of a suit to terminate the |
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parent-child relationship filed by the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 263, Family Code, is |
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amended to read as follows: |
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CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF |
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DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES |
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SECTION 2. Subchapter E, Chapter 263, Family Code, is |
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amended by adding Section 263.408 to read as follows: |
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Sec. 263.408. REQUIREMENTS BEFORE DISMISSAL OR NONSUIT. |
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(a) Before approving a dismissal or nonsuit of a suit to terminate |
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the parent-child relationship filed by the department, the court |
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shall consider: |
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(1) whether the dismissal or nonsuit is in the best |
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interest of each child affected by the suit; and |
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(2) whether any orders for the conservatorship, |
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possession of or access to, or support of each child affected by the |
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suit continue in effect after the dismissal or nonsuit. |
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(b) Before approving a dismissal or nonsuit of a suit to |
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terminate the parent-child relationship filed by the department, |
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the court may render an order for the conservatorship, possession |
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of or access to, or support of each child affected by the suit that |
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will continue in effect after the dismissal or nonsuit of the suit |
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to terminate the parent-child relationship. |
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SECTION 3. Section 263.408, Family Code, as added by this |
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Act, applies only to a motion for the dismissal or nonsuit of a suit |
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to terminate the parent-child relationship that is made on or after |
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the effective date of this Act. |
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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 hereby certify that S.B. No. 429 passed the Senate on |
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March 13, 2013, by the following vote: Yeas 31, Nays 0; and that |
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the Senate concurred in House amendment on May 25, 2013, by the |
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following vote: Yeas 30, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 429 passed the House, with |
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amendment, on May 22, 2013, by the following vote: Yeas 148, |
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Nays 0, two present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |