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A BILL TO BE ENTITLED
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AN ACT
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relating to the child protective service functions of the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 155.201, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) On receiving notice that a court exercising |
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jurisdiction under Chapter 262 has ordered the transfer of a suit |
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under Section 262.203(a)(2), the court of continuing, exclusive |
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jurisdiction shall, pursuant to the requirements of Section |
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155.204(i), transfer the proceedings to the court in which the suit |
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under Chapter 262 is pending. |
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SECTION 2. Section 155.204(i), Family Code, is amended to |
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read as follows: |
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(i) If a transfer order has been signed by a court |
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exercising jurisdiction under Chapter 262, the Department of Family |
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and Protective Services shall [a party may] file the transfer order |
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with the clerk of the court of continuing, exclusive jurisdiction. |
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On receipt and without a hearing or further order from the court of |
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continuing, exclusive jurisdiction, the clerk of the court of |
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continuing, exclusive jurisdiction shall transfer the files as |
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provided by this subchapter. |
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SECTION 3. Section 161.206, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In a suit filed by the Department of Family and |
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Protective Services seeking termination of the parent-child |
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relationship for both parents of the child, the court may order |
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termination of the parent-child relationship for a parent only if |
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the court finds by clear and convincing evidence grounds for the |
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termination of the parent-child relationship for that parent. An |
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order rendered under this subsection must state the grounds for |
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terminating the parent-child relationship for that parent. |
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SECTION 4. Section 262.201, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (a-5) to read as |
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follows: |
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(a) Unless the child has already been returned to the |
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parent, managing conservator, possessory conservator, guardian, |
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caretaker, or custodian entitled to possession and the temporary |
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order, if any, has been dissolved, a full adversary hearing shall be |
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held not later than the 14th day after the date the child was taken |
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into possession by the governmental entity, unless the court grants |
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an extension under Subsection (a-3) or (a-5). |
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(a-5) If a parent who is not indigent appears in opposition |
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to the suit, the court may, for good cause shown, postpone the full |
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adversary hearing for not more than seven days from the date of the |
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parent's appearance to allow the parent to hire an attorney or to |
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provide the parent's attorney time to respond to the petition and |
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prepare for the hearing. A postponement under this subsection is |
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subject to the limits and requirements prescribed by Subsection |
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(a-3). |
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SECTION 5. Section 262.203(a), Family Code, is amended to |
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read as follows: |
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(a) On the motion of a party or the court's own motion, if |
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applicable, the court that rendered the temporary order shall in |
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accordance with procedures provided by Chapter 155: |
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(1) transfer the suit to the court of continuing, |
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exclusive jurisdiction, if any, if the court finds that the |
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transfer is: |
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(A) necessary for the convenience of the parties; |
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and |
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(B) in the best interest of the child; |
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(2) [if grounds exist for mandatory transfer from the
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court of continuing, exclusive jurisdiction under Section
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155.201,] order transfer of the suit from the [that] court of |
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continuing, exclusive jurisdiction; or |
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(3) if grounds exist for transfer based on improper |
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venue, order transfer of the suit to the court having venue of the |
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suit under Chapter 103. |
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SECTION 6. Subchapter C, Chapter 262, Family Code, is |
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amended by adding Section 262.206 to read as follows: |
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Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless |
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otherwise authorized by this chapter or other law, a hearing held by |
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a court in a suit under this chapter may not be ex parte. |
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SECTION 7. Section 263.401, Family Code, is amended to read |
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as follows: |
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Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
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EXTENSION. (a) Unless the court has commenced the trial on the |
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merits or granted an extension under Subsection (b) or (b-1), on the |
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first Monday after the first anniversary of the date the court |
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rendered a temporary order appointing the department as temporary |
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managing conservator, the court's jurisdiction over [court shall
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dismiss] the suit affecting the parent-child relationship filed by |
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the department that requests termination of the parent-child |
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relationship or requests that the department be named conservator |
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of the child is terminated and the suit is automatically dismissed |
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without a court order. |
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(b) Unless the court has commenced the trial on the merits, |
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the court may not retain the suit on the court's docket after the |
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time described by Subsection (a) unless the court finds that |
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extraordinary circumstances necessitate the child remaining in the |
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temporary managing conservatorship of the department and that |
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continuing the appointment of the department as temporary managing |
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conservator is in the best interest of the child. If the court |
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makes those findings, the court may retain the suit on the court's |
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docket for a period not to exceed 180 days after the time described |
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by Subsection (a). If the court retains the suit on the court's |
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docket, the court shall render an order in which the court: |
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(1) schedules the new date on which the suit will be |
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automatically dismissed if the trial on the merits has not |
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commenced, which date must be not later than the 180th day after the |
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time described by Subsection (a); |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits on a date not later |
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than the date specified under Subdivision (1). |
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(b-1) If, after commencement of the initial trial on the |
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merits within the time required by Subsection (a) or (b), the court |
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grants a motion for a new trial or mistrial, or the case is remanded |
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to the court by an appellate court following an appeal of the |
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court's final order, the court shall retain the suit on the court's |
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docket and render an order in which the court: |
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(1) schedules a new date on which the suit will be |
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automatically dismissed if the new trial has not commenced, which |
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must be a date not later than the 180th day after the date on which: |
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(A) the motion for a new trial or mistrial is |
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granted; or |
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(B) the appellate court remanded the case; |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the new trial on the merits for a date not |
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later than the date specified under Subdivision (1). |
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(c) If the court grants an extension under Subsection (b) or |
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(b-1) but does not commence the trial on the merits before the |
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dismissal date, the court's jurisdiction over [court shall dismiss] |
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the suit is terminated and the suit is automatically dismissed |
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without a court order. The court may not grant an additional |
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extension that extends the suit beyond the required date for |
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dismissal under Subsection (b) or (b-1), as applicable. |
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(d) On dismissal of the suit, the clerk shall notify each |
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party of the dismissal. |
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SECTION 8. Section 263.402(b), Family Code, is repealed. |
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SECTION 9. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2017. |
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