85R26427 MM-F

By: Keough, Raymond, et al. H.B. No. 205

Substitute the following for H.B. No. 205:

By: Rose C.S.H.B. No. 205

A BILL TO BE ENTITLED

AN ACT

relating to procedures for ordering the required participation in services in certain suits affecting the parent-child relationship.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 264.203, Family Code, is amended by amending Subsection (a) and adding Subsections (e) and (f) to read as follows:

(a) Except as provided by Subsection (d), if the court finds by a preponderance of the evidence that abuse or neglect has occurred or is likely to occur, the court on request of the department may order the parent, managing conservator, guardian, or other member of the subject child's household to:

(1) participate in the services the department provides or purchases for:

(A) alleviating the effects of the abuse or neglect that has occurred; or

(B) reducing the reasonable likelihood that the child may be abused or neglected in the immediate or foreseeable future; and

(2) permit the child and any siblings of the child to receive the services.

(e) Before the court may order the participation of a parent, managing conservator, guardian, or other member of the subject child's household in services, the court shall advise any person who is not represented by an attorney of:

(1) the right to be represented by an attorney; and

(2) if the person is indigent and opposes the order to participate in services, the right to a court-appointed attorney, subject to the procedures in Section 263.0061(b).

(f) If a parent, managing conservator, guardian, or other member of the subject child's household is opposed to participating in services and is not represented by an attorney at the hearing, the court may not order the person to participate in services until the person has either retained or been appointed an attorney.

SECTION 2. The changes in law made by this Act apply to a suit affecting the parent-child relationship filed on or after the effective date of this Act. A suit affecting the parent-child relationship filed before the effective date of this Act is governed by the law in effect on the date the suit was filed, and the former law is continued in effect for that purpose.

SECTION 3. This Act takes effect September 1, 2017.