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A BILL TO BE ENTITLED
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AN ACT
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relating to a court order authorizing temporary care of a minor |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Family Code, is amended by |
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adding Chapter 35 to read as follows: |
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CHAPTER 35. TEMPORARY AUTHORIZATION FOR CARE OF MINOR CHILD |
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Sec. 35.001. APPLICABILITY. This chapter applies to a |
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person whose relationship to a child would make the person eligible |
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to consent to treatment under Section 32.001 or eligible to enter an |
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authorization agreement under Section 34.001. |
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Sec. 35.002. TEMPORARY AUTHORIZATION. A person described |
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by Section 35.001 may seek a court order for temporary |
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authorization for care of a child by filing a petition in the |
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district court in the county in which the person resides if: |
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(1) the child has resided with the person for at least |
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the 30 days preceding the date the petition was filed; and |
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(2) the person does not have an authorization |
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agreement under Chapter 34 or other signed, written documentation |
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from a parent, conservator, or guardian that enables the person to |
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provide necessary care for the child. |
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Sec. 35.003. PETITION FOR TEMPORARY AUTHORIZATION FOR CARE |
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OF CHILD. (a) A petition for temporary authorization for care of a |
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child must: |
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(1) be styled "ex parte" and be in the name of the |
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child; |
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(2) be verified by the petitioner; |
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(3) state: |
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(A) the name, date of birth, and current physical |
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address of the child; |
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(B) the name, date of birth, and current physical |
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address of the petitioner; and |
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(C) the name and, if known, the current physical |
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and mailing addresses of the child's parents, conservators, or |
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guardians; |
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(4) describe the status and location of any court |
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proceeding in this or another state with respect to the child; |
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(5) describe the petitioner's relationship to the |
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child; |
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(6) provide the dates during the preceding 12 months |
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that the child has resided with the petitioner; |
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(7) describe any service or action that the petitioner |
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is unable to obtain or undertake on behalf of the child without |
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authorization from the court; |
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(8) state any reason that the petitioner is unable to |
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obtain signed, written documentation from a parent, conservator, or |
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guardian of the child; |
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(9) contain a statement of the period for which the |
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petitioner is requesting temporary authorization; and |
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(10) contain a statement of any reason supporting the |
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request for the temporary authorization. |
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(b) If the petition identifies a court proceeding with |
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respect to the child under Subsection (a)(4), the petitioner shall |
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submit a copy of any court order that designates a conservator or |
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guardian of the child. |
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Sec. 35.004. NOTICE; HEARING. (a) On receipt of the |
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petition, the court shall set a hearing. |
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(b) A copy of the petition and notice of the hearing shall be |
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delivered to the parent, conservator, or guardian of the child by |
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personal service or by certified mail, return receipt requested, at |
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the last known address of the parent, conservator, or guardian. |
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(c) Proof of service under Subsection (b) must be filed with |
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the court at least three days before the date of the hearing. |
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Sec. 35.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At the |
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hearing on the petition, the court may hear evidence relating to the |
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child's need for care by the petitioner, any other matter raised in |
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the petition, and any objection or other testimony of the child's |
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parent, conservator, or guardian. |
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(b) The court shall award temporary authorization for care |
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of the child to the petitioner if the court finds it is necessary to |
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the child's welfare and no objection is made by the child's parent, |
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conservator, or guardian. If an objection is made, the court shall |
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dismiss the petition without prejudice. |
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(c) The court shall grant the petition for temporary |
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authorization only if the court finds by a preponderance of the |
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evidence that the child does not have a parent, conservator, |
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guardian, or other legal representative available to give the |
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necessary consent. |
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(d) The order granting temporary authorization under this |
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chapter expires on the first anniversary of the date of issuance or |
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at an earlier date determined by the court. The order may authorize |
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the petitioner to: |
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(1) consent to medical, dental, psychological, and |
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surgical treatment and immunization of the child; |
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(2) execute any consent or authorization for the |
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release of information as required by law relating to the treatment |
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or immunization under Subdivision (1); |
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(3) obtain and maintain any public benefit for the |
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child; |
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(4) enroll the child in a day-care program, preschool, |
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or public or private primary or secondary school; |
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(5) authorize the child to participate in |
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age-appropriate extracurricular, civic, social, or recreational |
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activities, including athletic activities; and |
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(6) authorize or consent to any other care for the |
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child essential to the child's welfare. |
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(e) An order granting temporary authorization under this |
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chapter must state: |
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(1) the name and date of birth of the person with |
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temporary authorization to care for the child; |
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(2) the specific areas of authorization granted to the |
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person; |
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(3) that the order does not supersede any rights of a |
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parent, conservator, or guardian as provided by court order; and |
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(4) the expiration date of the temporary authorization |
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order. |
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(f) A copy of an order for temporary authorization must: |
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(1) be filed under the cause number in any court that |
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has rendered a conservatorship or guardian order regarding the |
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child; and |
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(2) be sent to the last known address of the child's |
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parent, conservator, or guardian. |
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Sec. 35.006. RENEWAL OR TERMINATION OF TEMPORARY |
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AUTHORIZATION. (a) A temporary authorization order may be renewed |
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by court order for a period of not more than one year on a showing by |
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the petitioner of a continuing need for the order. |
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(b) At any time, the petitioner or the child's parent, |
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conservator, or guardian may request the court to terminate the |
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order. The court shall terminate the order on finding that there is |
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no longer a need for the order. |
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Sec. 35.007. EFFECT OF TEMPORARY AUTHORIZATION. (a) A |
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person who relies in good faith on a temporary authorization order |
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under this chapter is not subject to: |
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(1) civil or criminal liability to any person; or |
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(2) professional disciplinary action. |
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(b) A temporary authorization order does not affect the |
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rights of the child's parent, conservator, or guardian regarding |
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the care, custody, and control of the child, and does not establish |
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legal custody of the child. |
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(c) A temporary authorization order does not confer or |
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affect standing or a right of intervention in any proceeding under |
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Title 5. |
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(d) An order under this chapter is not a child custody |
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determination and does not create a court of continuing, exclusive |
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jurisdiction under Title 5. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |