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A BILL TO BE ENTITLED
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AN ACT
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relating to ensuring the safety of children in suits affecting the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 153.001, Family Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) The public policy of this state is to: |
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(1) as a paramount consideration, provide a safe, |
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healthy, stable, and nonviolent environment for the child; and |
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(2) as feasible, while providing the environment |
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described by Subdivision (1): |
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(A) assure that children will have frequent and |
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continuing contact with each parent [parents] who has [have] shown |
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the ability to act in the best interest of the child; |
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[(2)
provide a safe, stable, and nonviolent
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environment for the child;] and |
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(B) [(3)] encourage parents to share in the |
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rights and duties of raising their child after the parents have |
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separated or dissolved their marriage. |
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(c) The public policy of this state described by Subsection |
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(a) applies to all suits under this title and to all suits affecting |
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the parent-child relationship, including a dispute involving the |
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parent-child relationship referred as provided by Chapter 154, |
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Civil Practice and Remedies Code. |
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SECTION 2. Section 153.002, Family Code, is amended to read |
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as follows: |
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Sec. 153.002. BEST INTEREST OF CHILD. The best interest of |
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the child shall always be the primary consideration of the court in |
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determining the issues of conservatorship and possession of and |
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access to the child. In determining the best interest of the child, |
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providing a safe, healthy, stable, and nonviolent environment for |
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the child is the paramount consideration. |
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SECTION 3. Section 153.004, Family Code, is amended to read |
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as follows: |
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Sec. 153.004. HISTORY OF FAMILY [DOMESTIC] VIOLENCE, [OR] |
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SEXUAL ABUSE, NEGLECT, ABUSE, OR EMOTIONAL ABUSE. (a) In every |
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suit regarding conservatorship, possession, or access involving an |
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allegation or a history of family violence, sexual abuse, neglect, |
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abuse, or emotional abuse, the court must first hold an evidentiary |
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hearing that is limited to evidence related to that issue. A |
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determination that family violence, sexual abuse, neglect, abuse, |
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or emotional abuse has been committed shall resolve issues in favor |
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of the parent who did not engage in that conduct and entitles the |
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child to protection from the parent who engaged in that conduct. In |
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the hearing [determining whether to appoint a party as a sole or
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joint managing conservator,] the court shall consider: |
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(1) evidence of family violence, the intentional use |
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of abusive physical force, or [evidence of] sexual abuse, by a party |
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directed against the party's spouse, a parent of the child, or any |
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person younger than 18 years of age committed before [within a
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two-year period preceding] the filing of the suit or during the |
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pendency of the suit; |
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(2) evidence of emotional abuse by a parent directed |
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against the other parent engaged in before the filing of the suit or |
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during the pendency of the suit; and |
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(3) valid, scientific research concerning the lasting |
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effects on children of adverse childhood experiences, including |
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witnessing or experiencing family violence, sexual abuse, physical |
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abuse, or emotional abuse. |
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(b) The court may not appoint joint managing conservators if |
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credible evidence is presented of a history or pattern of past or |
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present [child] neglect, abuse, family violence, or physical or |
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sexual abuse by one parent directed against the other parent, a |
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spouse, or a child, including a [sexual assault in] violation of |
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Section 21.02, 21.11, 22.011, [or] 22.021, or 25.02, Penal Code[,
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that results in the other parent becoming pregnant with the child]. |
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A history of sexual abuse includes a sexual assault that results in |
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the other parent becoming pregnant with the child, regardless of |
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the prior relationship of the parents. |
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(b-1) The court may not appoint joint managing conservators |
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if credible evidence is presented of a pattern of past or present |
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emotional abuse by one parent directed against the other parent. |
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(b-2) The [It is a rebuttable presumption that the] |
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appointment of a parent as the sole managing conservator of a child |
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or as the conservator who has the exclusive right to determine the |
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primary residence of a child is not in the best interest of the |
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child if credible evidence is presented of a history or pattern of: |
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(1) past or present [child] neglect, abuse, family |
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violence, or physical or sexual abuse by that parent directed |
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against the other parent, a spouse, or a child; or |
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(2) emotional abuse by a parent directed against the |
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other parent. |
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(c) The court shall consider the commission of family |
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violence, [or] sexual abuse, neglect, abuse, or emotional abuse in |
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determining whether to deny, restrict, or limit the possession of a |
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child by a parent who is appointed as a possessory conservator. The |
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court in its findings for or against a denial, restriction, or |
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limitation shall consider valid, scientific research concerning |
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the lasting effects on children of adverse childhood experiences, |
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including witnessing or experiencing family violence, sexual |
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abuse, neglect, abuse, or emotional abuse. |
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(d) The court may not allow a parent to have access to a |
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child for whom it is shown by a preponderance of the evidence that: |
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(1) there is a history or pattern of committing family |
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violence before [during the two years preceding] the date of the |
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filing of the suit or during the pendency of the suit; or |
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(2) the parent engaged in conduct that constitutes an |
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offense under Section 21.02, 21.11, 22.011, 22.021, or 25.02, Penal |
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Code[, and that as a direct result of the conduct, the victim of the
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conduct became pregnant with the parent's child]. |
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(d-1) Notwithstanding Subsection (d), the court may allow a |
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parent to have access to a child if the court: |
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(1) after considering scientific research concerning |
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the lasting effects of adverse childhood experiences, finds by |
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clear and convincing evidence that awarding the parent access to |
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the child would not endanger the child's physical health or |
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emotional welfare and would be in the best interest of the child; |
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and |
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(2) renders a possession order that is designed to |
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protect the safety and well-being of the child and any other person |
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who has been a victim of family violence or sexual abuse committed |
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by the parent and that may include a requirement that: |
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(A) the periods of access be continuously |
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supervised by an entity or person chosen by the court; |
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(B) the exchange of possession of the child occur |
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in a protective setting; |
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(C) the parent abstain from the consumption of |
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alcohol or a controlled substance, as defined by Chapter 481, |
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Health and Safety Code, within 12 hours prior to or during the |
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period of access to the child; or |
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(D) the parent attend and complete a battering |
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intervention and prevention program as provided by Article 42.141, |
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Code of Criminal Procedure, or, if such a program is not available, |
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complete an accountability program [a course of treatment] under |
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Section 153.010. |
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(e) It is [a rebuttable presumption that it is] not in the |
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best interest of a child for a parent to have unsupervised |
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visitation with the child if credible evidence is presented of a |
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history or pattern of past or present [child] neglect, [or] abuse, |
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sexual abuse, or family violence by: |
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(1) that parent; or |
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(2) any person who resides in that parent's household |
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or who is permitted by that parent to have unsupervised access to |
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the child during that parent's periods of possession of or access to |
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the child. |
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(e-1) It is not in the best interest of a child for a parent |
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to have unsupervised visitation with the child if credible evidence |
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is presented of the parent's history of a pattern of emotional abuse |
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or other behavior that is likely to cause the child to live with |
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fear and stress. |
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(f) In determining under this section whether there is |
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credible evidence of a history or pattern of past or present [child] |
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neglect, [or] abuse, emotional abuse, sexual abuse, or family |
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violence by a parent or other person, as applicable, the court shall |
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consider whether a protective order was rendered under Chapter 7A, |
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Code of Criminal Procedure, or Chapter 85 of this code or whether a |
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magistrate's order of emergency protection was rendered under |
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Article 17.292, Code of Criminal Procedure, [Title 4,] against the |
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parent or other person before [during the two-year period
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preceding] the filing of the suit or during the pendency of the |
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suit. |
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(f-1) This section applies to suits under this title, |
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including a suit for modification under Chapter 156. An allegation |
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of family violence, sexual abuse, neglect, abuse, or emotional |
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abuse may be raised at any time and shall be heard separately in an |
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evidentiary hearing as provided by this section. |
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(g) In this section: |
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(1) "Abuse" and "neglect" have the meanings assigned |
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by Section 261.001. |
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(2) "Emotional abuse" means: |
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(A) controlling and coercive tactics designed to |
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pressure a person to do what the actor wants based on fear of |
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consequences; or |
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(B) conduct that meets the elements of the |
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offense of harassment under Section 42.07, Penal Code, or stalking |
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under Section 42.072, Penal Code ["Family violence" has the meaning
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assigned by Section 71.004]. |
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SECTION 4. Subchapter A, Chapter 153, Family Code, is |
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amended by adding Section 153.0041 to read as follows: |
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Sec. 153.0041. ENSURING SAFETY IN CASES OF FAMILY VIOLENCE |
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AND ABUSE. (a) This section applies to a suit affecting the |
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parent-child relationship under this title in which a party alleges |
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family violence or abuse by the other party, either during or before |
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a matter related to possession of or access to the child is |
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litigated. |
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(b) An evidentiary hearing limited to issues related to |
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family violence or abuse must be held and a determination made under |
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Section 153.004 before the court may appoint a professional who |
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provides advice or recommendations to the court. Any professional |
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subsequently appointed by the court must have substantial training |
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and experience in family violence and abuse matters to fully |
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understand safety issues, including: |
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(1) behaviors that are associated with higher |
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lethality or injury risks; |
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(2) family violence dynamics; |
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(3) effects of family violence on children; |
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(4) recognizing family violence; and |
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(5) research about batterer narratives and batterer |
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accountability. |
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(c) A professional who does not have the expertise described |
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by Subsection (b) must consult with another professional who has |
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that expertise before making any recommendation to the court. |
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(d) The court shall consider current, valid, scientific |
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research concerning family violence and abuse when making a |
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decision in a suit. A court may not permit a practice or approach |
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that does not have a scientific basis and is not an accepted |
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practice within the specialized field of practice of family |
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violence and abuse. A professional who engages in practices based |
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on unscientific beliefs is not qualified to participate in a suit in |
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which family violence or abuse is raised during the course of the |
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suit. |
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(e) In this section, "abuse" has the meaning assigned by |
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Section 261.001. |
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SECTION 5. Section 153.010, Family Code, is amended to read |
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as follows: |
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Sec. 153.010. ORDER FOR FAMILY COUNSELING AND |
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ACCOUNTABILITY. (a) If the court finds at the time of a hearing |
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that the parties have a history of conflict in resolving an issue of |
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conservatorship or possession of or access to the child, the court |
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may order a party to: |
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(1) participate in counseling with a mental health |
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professional who: |
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(A) has a background in family therapy; |
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(B) has a mental health license that requires as |
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a minimum a master's degree; and |
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(C) has training in domestic violence if the |
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court determines that the training is relevant to the type of |
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counseling or batterer accountability needed; and |
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(2) pay the cost of counseling. |
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(b) If a person possessing the requirements of Subsection |
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(a)(1) is not available in the county in which the court presides, |
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the court may appoint a person the court believes is qualified to |
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conduct the counseling ordered under Subsection (a). If necessary, |
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the court may appoint a person from a nearby county to provide |
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batterer accountability counseling. |
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SECTION 6. The heading to Section 153.013, Family Code, is |
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amended to read as follows: |
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Sec. 153.013. [FALSE] REPORT OF FAMILY VIOLENCE OR CHILD |
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ABUSE. |
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SECTION 7. Section 153.013, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (d) to read as |
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follows: |
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(b) Evidence of a false report of child abuse under |
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Subsection (a) is admissible in a suit between the involved parties |
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regarding the terms of conservatorship of a child. |
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(d) If a party makes a report alleging family violence or |
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child abuse by another party to the suit and the court does not make |
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a finding that the report is a knowingly false report, the report |
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may not be used for any purpose against the reporting party in a |
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suit affecting the parent-child relationship. |
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SECTION 8. Section 153.193, Family Code, is amended to read |
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as follows: |
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Sec. 153.193. [MINIMAL] RESTRICTION ON PARENT'S POSSESSION |
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OR ACCESS. The terms of an order that denies possession of a child |
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to a parent or imposes restrictions or limitations on a parent's |
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right to possession of or access to a child must [may not exceed
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those that are required to] protect the best interest of the child. |
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It is the policy of this state that providing a safe, healthy, |
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stable, and nonviolent environment for the child is the court's |
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paramount consideration. |
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SECTION 9. Section 153.256, Family Code, is amended to read |
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as follows: |
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Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering |
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the terms of possession of a child under an order other than a |
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standard possession order, the court shall be guided by the |
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guidelines established by the standard possession order and the |
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public policy of this state and may consider: |
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(1) the age, developmental status, circumstances, |
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needs, and best interest of the child; |
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(2) the circumstances of the managing conservator and |
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of the parent named as a possessory conservator, including any |
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chemical dependency of a parent that affects the child's safety or |
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developmental needs; and |
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(3) any other relevant factor. |
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SECTION 10. Section 153.601(2), Family Code, is amended to |
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read as follows: |
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(2) "High-conflict case" means a suit affecting the |
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parent-child relationship, other than a suit involving allegations |
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of family violence or risks to the safety of the child or a party, in |
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which the court finds that the parties have demonstrated an unusual |
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degree of: |
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(A) repetitiously resorting to the adjudicative |
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process; |
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(B) anger and distrust; and |
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(C) difficulty in communicating about and |
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cooperating in the care of their children. |
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SECTION 11. Section 153.005(c), Family Code, is repealed. |
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SECTION 12. The changes in law made by this Act apply only |
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to a suit affecting the parent-child relationship pending in a |
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trial court on the effective date of this Act or filed on or after |
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that date. A suit affecting the parent-child relationship in which |
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a final order is rendered before the effective date of this Act is |
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governed by the law in effect on the date the order was rendered, |
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and the former law is continued in effect for that purpose. |
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SECTION 13. This Act takes effect September 1, 2019. |