This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

  86R13055 MCK-F
 
  By: Frank H.B. No. 3331
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the procedures and grounds for terminating the
  parent-child relationship, for taking possession of a child, and
  for certain hearings in a suit affecting the parent-child
  relationship involving the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 161.001(c) and (e), Family Code, are
  amended to read as follows:
         (c)  In making [A court may not make] a finding under
  Subsection (b) and ordering [order] termination of the parent-child
  relationship, the court may not consider [based on] evidence that
  the parent:
               (1)  homeschooled the child;
               (2)  is economically disadvantaged;
               (3)  has been charged with a nonviolent misdemeanor
  offense other than:
                     (A)  an offense under Title 5, Penal Code;
                     (B)  an offense under Title 6, Penal Code; or
                     (C)  an offense that involves family violence, as
  defined by Section 71.004 of this code;
               (4)  provided or administered low-THC cannabis to a
  child for whom the low-THC cannabis was prescribed under Chapter
  169, Occupations Code; [or]
               (5)  declined immunization for the child for reasons of
  conscience, including a religious belief; or
               (6)  allowed a child, who is of sufficient maturity,
  physical condition, and mental ability to avoid substantial risk of
  physical harm, to engage in independent activities, including:
                     (A)  traveling to and from the child's home and
  school, including by walking, running, or bicycling;
                     (B)  traveling to and from the child's home and a
  commercial or recreational facility near to the child's home;
                     (C)  engaging in outdoor play;
                     (D)  remaining at the child's home unattended; or
                     (E)  engaging in other age-appropriate normalcy
  activities as defined by Section 264.001.
         (e)  This section does not prohibit the Department of Family
  and Protective Services from offering evidence described by
  Subsection (c), for purposes other than a finding under Subsection
  (b), as part of an action to terminate the parent-child
  relationship under this subchapter.
         SECTION 2.  Section 161.101, Family Code, is amended to read
  as follows:
         Sec. 161.101.  PETITION ALLEGATIONS. (a) A petition for the
  termination of the parent-child relationship is sufficient without
  the necessity of specifying the underlying facts if the petition
  alleges in the statutory language the ground for the termination
  and that termination is in the best interest of the child.
         (b)  A petition or motion filed by the Department of Family
  and Protective Services is subject to Chapter 10, Civil Practice
  and Remedies Code, and Rule 13, Texas Rules of Civil Procedure.
         SECTION 3.  Section 261.001(4), Family Code, is amended to
  read as follows:
               (4)  "Neglect":
                     (A)  includes:
                           (i)  the leaving of a child in a situation
  where the child would be exposed to a substantial risk of physical
  or mental harm, without arranging for necessary care for the child,
  and the demonstration of an intent not to return by a parent,
  guardian, or managing or possessory conservator of the child;
                           (ii)  the following acts or omissions by a
  person:
                                 (a)  placing a child in or failing to
  remove a child from a situation that a reasonable person would
  realize requires judgment or actions beyond the child's level of
  maturity, physical condition, or mental abilities without taking
  reasonable precautionary measures and that results in bodily injury
  or a substantial risk of immediate harm to the child;
                                 (b)  failing to seek, obtain, or follow
  through with medical care for a child, with the failure resulting in
  or presenting a substantial risk of death, disfigurement, or bodily
  injury or with the failure resulting in an observable and material
  impairment to the growth, development, or functioning of the child;
                                 (c)  the failure to provide a child
  with food, clothing, or shelter necessary to sustain the life or
  health of the child, excluding failure caused primarily by
  financial inability unless relief services had been offered and
  refused;
                                 (d)  placing a child in or failing to
  remove the child from a situation in which the child would be
  exposed to a substantial risk of sexual conduct harmful to the
  child; or
                                 (e)  placing a child in or failing to
  remove the child from a situation in which the child would be
  exposed to acts or omissions that constitute abuse under
  Subdivision (1)(E), (F), (G), (H), or (K) committed against another
  child;
                           (iii)  the failure by the person responsible
  for a child's care, custody, or welfare to permit the child to
  return to the child's home without arranging for the necessary care
  for the child after the child has been absent from the home for any
  reason, including having been in residential placement or having
  run away; or
                           (iv)  a negligent act or omission by an
  employee, volunteer, or other individual working under the auspices
  of a facility or program, including failure to comply with an
  individual treatment plan, plan of care, or individualized service
  plan, that causes or may cause substantial emotional harm or
  physical injury to, or the death of, a child served by the facility
  or program as further described by rule or policy; and
                     (B)  does not include:
                           (i)  the refusal by a person responsible for
  a child's care, custody, or welfare to permit the child to remain in
  or return to the child's home resulting in the placement of the
  child in the conservatorship of the department if:
                                 (a) [(i)]  the child has a severe
  emotional disturbance;
                                 (b) [(ii)]  the person's refusal is
  based solely on the person's inability to obtain mental health
  services necessary to protect the safety and well-being of the
  child; and
                                 (c) [(iii)]  the person has exhausted
  all reasonable means available to the person to obtain the mental
  health services described by Sub-subparagraph (b); or
                           (ii)  the decision by a person responsible
  for a child's care, custody, or welfare to permit the child, if the
  child is of sufficient maturity, physical condition, and mental
  ability to avoid substantial risk of physical harm, to engage in
  independent activities, including:
                                 (a)  traveling to and from the child's
  home and school, including by walking, running, or bicycling;
                                 (b)  traveling to and from the child's
  home and a commercial or recreational facility near to the child's
  home;
                                 (c)  engaging in outdoor play;
                                 (d)  remaining at the child's home
  unattended; or
                                 (e)  engaging in other age-appropriate
  normalcy activities as defined by Section 264.001 [Subparagraph
  (ii)].
         SECTION 4.  Section 262.001, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  In determining the reasonable efforts that are required
  to be made with respect to preventing or eliminating the need to
  remove a child from the child's home, the court shall consider
  whether the immediate danger to the physical health and safety of
  the child outweighs the emotional distress or lasting adverse
  effects on the child's mental or emotional functioning that may
  result from removing the child from the child's home or parent.
         SECTION 5.  Section 262.101, Family Code, is amended to read
  as follows:
         Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
  CHILD. An original suit filed by a governmental entity that
  requests permission to take possession of a child without prior
  notice and a hearing must be supported by an affidavit sworn to by a
  person with personal knowledge and stating facts sufficient to
  satisfy a person of ordinary prudence and caution that:
               (1)  there is an immediate danger to the physical
  health or safety of the child or the child has been a victim of
  neglect or sexual abuse;
               (2)  continuation in the home would be contrary to the
  child's welfare;
               (3)  there is no time, consistent with the physical
  health or safety of the child, for a full adversary hearing under
  Subchapter C; [and]
               (4)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, were made
  to prevent or eliminate the need for the removal of the child; and
               (5)  the immediate danger to the physical health and
  safety of the child outweighs the emotional distress or lasting
  adverse effects on the child's mental or emotional functioning that
  may result from removing the child from the child's home or parent.
         SECTION 6.  Section 262.105(b), Family Code, is amended to
  read as follows:
         (b)  An original suit filed by a governmental entity after
  taking possession of a child under Section 262.104 must be
  supported by an affidavit stating facts sufficient to satisfy a
  person of ordinary prudence and caution that:
               (1)  based on the affiant's personal knowledge or on
  information furnished by another person corroborated by the
  affiant's personal knowledge, one of the following circumstances
  existed at the time the child was taken into possession:
                     (A)  there was an immediate danger to the physical
  health or safety of the child;
                     (B)  the child was the victim of sexual abuse or of
  trafficking under Section 20A.02 or 20A.03, Penal Code;
                     (C)  the parent or person who had possession of
  the child was using a controlled substance as defined by Chapter
  481, Health and Safety Code, and the use constituted an immediate
  danger to the physical health or safety of the child; or
                     (D)  the parent or person who had possession of
  the child permitted the child to remain on premises used for the
  manufacture of methamphetamine; and
               (2)  based on the affiant's personal knowledge:
                     (A)  continuation of the child in the home would
  have been contrary to the child's welfare;
                     (B)  there was no time, consistent with the
  physical health or safety of the child, for a full adversary hearing
  under Subchapter C; [and]
                     (C)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, were made
  to prevent or eliminate the need for the removal of the child; and
                     (D)  the immediate danger to the physical health
  and safety of the child outweighs the emotional distress or lasting
  adverse effects on the child's mental or emotional functioning that
  may result from removing the child from the child's home or parent.
         SECTION 7.  Section 262.113, Family Code, is amended to read
  as follows:
         Sec. 262.113.  FILING SUIT WITHOUT TAKING POSSESSION OF
  CHILD. An original suit filed by a governmental entity that
  requests to take possession of a child after notice and a hearing
  must be supported by an affidavit sworn to by a person with personal
  knowledge and stating facts sufficient to satisfy a person of
  ordinary prudence and caution that:
               (1)  there is a continuing danger to the physical
  health or safety of the child caused by an act or failure to act of
  the person entitled to possession of the child and that allowing the
  child to remain in the home would be contrary to the child's
  welfare; [and]
               (2)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, have been
  made to prevent or eliminate the need to remove the child from the
  child's home; and
               (3)  the immediate danger to the physical health and
  safety of the child outweighs the emotional distress or lasting
  adverse effects on the child's mental or emotional functioning that
  may result from removing the child from the child's home or parent.
         SECTION 8.  Section 262.116(a), Family Code, is amended to
  read as follows:
         (a)  The Department of Family and Protective Services may not
  take possession of a child under this subchapter based on evidence
  that the parent:
               (1)  homeschooled the child;
               (2)  is economically disadvantaged;
               (3)  has been charged with a nonviolent misdemeanor
  offense other than:
                     (A)  an offense under Title 5, Penal Code;
                     (B)  an offense under Title 6, Penal Code; or
                     (C)  an offense that involves family violence, as
  defined by Section 71.004 of this code;
               (4)  provided or administered low-THC cannabis to a
  child for whom the low-THC cannabis was prescribed under Chapter
  169, Occupations Code; [or]
               (5)  declined immunization for the child for reasons of
  conscience, including a religious belief; or
               (6)  allowed a child, who is of sufficient maturity,
  physical condition, and mental ability to avoid substantial risk of
  physical harm, to engage in independent activities, including:
                     (A)  traveling to and from the child's home and
  school, including by walking, running, or bicycling;
                     (B)  traveling to and from the child's home and a
  commercial or recreational facility near to the child's home;
                     (C)  engaging in outdoor play;
                     (D)  remaining at the child's home unattended; or
                     (E)  engaging in other age-appropriate normalcy
  activities as defined by Section 264.001.
         SECTION 9.  Section 262.201(a), Family Code, as amended by
  Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the 85th
  Legislature, Regular Session, 2017, is reenacted and amended to
  read as follows:
         (a)  In a suit filed under Section 262.101 or 262.105, unless
  the child has already been returned to a [the] parent, managing
  conservator, possessory conservator, guardian, caretaker, or
  custodian entitled to possession and the temporary order, if any,
  has been dissolved, a full adversary hearing shall be held not later
  than the 14th day after the date the child was taken into possession
  by the governmental entity, unless the court grants an extension
  under Subsection (e) or (e-1).
         SECTION 10.  Section 262.201, Family Code, is amended by
  amending Subsections (e-1), (g), (h), (j), and (n) and adding
  Subsections (g-1) and (n-1) to read as follows:
         (e-1)  If a parent who is not indigent appears in opposition
  to the suit, the court may, for good cause shown, postpone the full
  adversary hearing for not more than seven days from the date of the
  parent's appearance to allow the parent to hire an attorney or to
  provide the parent's attorney time to respond to the petition and
  prepare for the hearing. A postponement under this subsection is
  subject to the limits and requirements prescribed by Subsection (e)
  and Section 155.207.
         (g)  In a suit filed under Section 262.101 or 262.105, at the
  conclusion of the full adversary hearing, the court shall order the
  return of the child to a [the] parent, managing conservator,
  possessory conservator, guardian, caretaker, or custodian entitled
  to possession unless the court finds [sufficient evidence to
  satisfy a person of ordinary prudence and caution] that:
               (1)  there was a danger to the physical health or safety
  of the child, including a danger that the child would be a victim of
  trafficking under Section 20A.02 or 20A.03, Penal Code, which was
  caused by an act or failure to act of the person entitled to
  possession and for the child to remain in the home is contrary to
  the welfare of the child;
               (2)  the urgent need for protection required the
  immediate removal of the child and reasonable efforts, consistent
  with the circumstances and providing for the safety of the child,
  were made to eliminate or prevent the child's removal; [and]
               (3)  reasonable efforts have been made to enable the
  child to return home, but there is a substantial risk of a
  continuing danger if the child is returned home; and
               (4)  the substantial risk of continuing danger to the
  physical health and safety of the child outweighs the emotional
  distress or lasting adverse effects on the child's mental or
  emotional functioning that may result from removing the child from
  the child's home or parent.
         (g-1)  In a suit filed under Section 262.101 or 262.105, if
  the court does not order the return of the child under Subsection
  (g) and finds that another parent, managing conservator, possessory
  conservator, guardian, caretaker, or custodian entitled to
  possession did not cause the immediate danger to the physical
  health or safety of the child or was not the perpetrator of the
  neglect or abuse alleged in the suit, the court shall grant
  possession of the child to that person unless the court finds,
  specific to each person entitled to possession, that:
               (1)  the person cannot be located after the exercise of
  due diligence by the department or the person is unable or unwilling
  to take possession of the child; or
               (2)  granting possession of the child to that person
  presents a continuing danger to the physical health or safety of the
  child caused by an act or failure to act of the person, including a
  danger that the child would be a victim of trafficking under Section
  20A.02 or 20A.03, Penal Code.
         (h)  In a suit filed under Section 262.101 or 262.105, if the
  court finds sufficient evidence [to satisfy a person of ordinary
  prudence and caution] that there is a continuing danger to the
  physical health or safety of the child, [and] for the child to
  remain in the person's home is contrary to the welfare of the child,
  and the immediate danger to the physical health and safety of the
  child outweighs the emotional distress or lasting adverse effects
  on the child's mental or emotional functioning that may result from
  removing the child from the child's home or parent, the court shall
  issue an appropriate temporary order under Chapter 105.
         (j)  In a suit filed under Section 262.113, at the conclusion
  of the full adversary hearing, the court shall issue an appropriate
  temporary order under Chapter 105 if the court finds, with respect
  to each parent, managing conservator, possessory conservator,
  guardian, caretaker, or custodian entitled to possession,
  [sufficient evidence to satisfy a person of ordinary prudence and
  caution] that:
               (1)  there is a continuing danger to the physical
  health or safety of the child caused by an act or failure to act of
  the person entitled to possession of the child and continuation of
  the child in the person's home would be contrary to the child's
  welfare; [and]
               (2)  reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, were made
  to prevent or eliminate the need for the removal of the child; and
               (3)  the immediate danger to the physical health and
  safety of the child outweighs the emotional distress or lasting
  adverse effects on the child's mental or emotional functioning that
  may result from removing the child from the child's home or parent.
         (n)  The court shall place a child removed from the child's
  custodial parent with the child's noncustodial parent [or with a
  relative of the child if placement with the noncustodial parent is
  inappropriate,] unless the court finds that placement with the
  noncustodial parent [or a relative] is not in the best interest of
  the child because the placement would significantly impair the
  child's physical health or emotional development.
         (n-1)  If the court does not place a child with a parent,
  managing conservator, possessory conservator, guardian, caretaker,
  or custodian entitled to possession under Subsection (g) or (g-1),
  the court shall place the child with a relative of the child unless
  the court finds that the placement with a relative is not in the
  best interest of the child.
         SECTION 11.  Section 263.002, Family Code, is amended by
  amending Subsection (c) and adding Subsection (d) to read as
  follows:
         (c)  At each permanency hearing before the final order, the
  court shall review the placement of each child in the temporary
  managing conservatorship of the department who has not been
  returned to the child's home. At the end of the hearing, the court
  shall order the department to return the child to the child's parent
  or parents unless the court finds, with respect to each parent,
  that:
               (1)  there is a continuing danger to the physical
  health or safety of the child; and
               (2)  returning the child to the child's parent or
  parents [The court shall make a finding on whether returning the
  child to the child's home is safe and appropriate, whether the
  return is in the best interest of the child, and whether it] is
  contrary to the welfare of the child [for the child to return home].
         (d)  If the court renders an order to return the child to the
  child's parent or parents under Section 263.403, the court may
  retain jurisdiction as provided by that section and not dismiss the
  suit or render a final order as required by Section 263.401.
         SECTION 12.  Subchapter E, Chapter 263, Family Code, is
  amended by adding Section 263.4011 to read as follows:
         Sec. 263.4011.  RENDERING FINAL ORDER; EXTENSION. (a) On
  timely commencement of the trial on the merits under Section
  263.401, the court shall render a final order not later than the
  90th day after the date the trial commences.
         (b)  The 90-day period for rendering a final order under
  Subsection (a) is not tolled for any recess during the trial.
         (c)  If the court finds that extraordinary circumstances
  necessitate extending the 90-day period under Subsection (a), the
  court may extend that date for not longer than 30 days. The court
  shall render a written order:
               (1)  specifying the grounds on which the extension is
  granted; and
               (2)  requiring a final order to be rendered not later
  than the 30th day after the date the extension is granted.
         (d)  A party may file a mandamus proceeding if the court
  fails to render a final order within the time required by this
  section.
         SECTION 13.  Section 263.404(a), Family Code, is amended to
  read as follows:
         (a)  The court may render a final order appointing the
  department as managing conservator of the child without terminating
  the rights of the parent of the child if the court finds that:
               (1)  appointment of a parent as managing conservator
  would not be in the best interest of the child because the
  appointment would significantly impair the child's physical health
  or emotional development; [and]
               (2)  it would not be in the best interest of the child
  to appoint a relative of the child or another person as managing
  conservator; and
               (3)  if the child has previously been in the
  conservatorship of the department, there is sufficient evidence to
  demonstrate that termination of parental rights to the child is not
  possible or not in the child's best interest.
         SECTION 14.  Sections 263.501(a) and (b), Family Code, are
  amended to read as follows:
         (a)  If the department has been named as a child's managing
  conservator in a final order that does not include termination of
  parental rights, the court shall conduct a permanency hearing after
  the final order is rendered at least once every six months until the
  department is no longer the child's managing conservator. If the
  child's permanency goal is conservatorship with a relative or other
  designated caregiver that includes a permanency care assistance
  agreement with the department, the court shall conduct additional
  permanency hearings at least once every 90 days until an order
  dismissing the department as the child's conservator is rendered.
         (b)  If the department has been named as a child's managing
  conservator in a final order that terminates a parent's parental
  rights, the court shall conduct a permanency hearing not later than
  the 90th day after the date the court renders the final order. The
  court shall conduct additional permanency hearings at least once
  every six months until the department is no longer the child's
  managing conservator. If the child's permanency goal is adoption
  or conservatorship with a relative or other designated caregiver
  that includes a permanency care assistance agreement with the
  department, the court shall conduct additional permanency hearings
  at least once every 90 days until an adoption order or an order
  dismissing the department as the child's conservator is rendered.
         SECTION 15.  Section 264.203, Family Code, is amended to
  read as follows:
         Sec. 264.203.  REQUIRED PARTICIPATION. (a) The department
  may file a suit requesting [Except as provided by Subsection (d),]
  the court to render a temporary [on request of the department may]
  order requiring the parent, managing conservator, guardian, or
  other member of the [subject] child's household to:
               (1)  participate in the services for which the
  department makes a referral or services the department provides or
  purchases for:
                     (A)  alleviating the effects of the abuse or
  neglect that has occurred; or
                     (B)  reducing a continuing danger to the physical
  health or safety of the child caused by an act or failure to act of
  the parent, managing conservator, guardian, or other member of the
  child's household [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.
         (b)  A suit requesting an order under this section may be
  filed in a court with jurisdiction to hear the suit in the county in
  which the child is located [The department may request the court to
  order the parent, managing conservator, guardian, or other member
  of the child's household to participate in the services whether the
  child resides in the home or has been removed from the home].
         (c)  Except as otherwise provided by this subchapter, the
  suit is governed by the Texas Rules of Civil Procedure applicable to
  the filing of an original lawsuit [If the person ordered to
  participate in the services fails to follow the court's order, the
  court may impose appropriate sanctions in order to protect the
  health and safety of the child, including the removal of the child
  as specified by Chapter 262].
         (d)  The petition shall be supported by an affidavit by a
  person based on personal knowledge or the person's belief based on
  representations made to the person by a person with personal
  knowledge and stating facts sufficient to support a finding that:
               (1)  the child has been a victim of abuse or neglect or
  is at substantial risk of abuse or neglect; and
               (2)  there is a continuing danger to the physical
  health or safety of the child caused by an act or failure to act of
  the parent, managing conservator, guardian, or other member of the
  child's household unless that person participates in services
  requested by the department [If the court does not order the person
  to participate, the court in writing shall specify the reasons for
  not ordering participation].
         (e)  In a suit filed under this section, the court may render
  a temporary restraining order as provided by Section 105.001.
         (f)  The court shall hold a hearing on the petition not later
  than the 14th day after the date the petition is filed.
         (g)  The court shall appoint an attorney ad litem to
  represent the interests of the child immediately after the filing
  but before the hearing to ensure adequate representation of the
  child. The attorney ad litem for the child shall have the powers
  and duties of an attorney ad litem for a child under Chapter 107.
         (h)  The court shall appoint an attorney ad litem to
  represent the interests of a parent for whom participation in
  services is being requested immediately after the filing but before
  the hearing to ensure adequate representation of the parent. The
  attorney ad litem for the parent shall have the powers and duties of
  an attorney ad litem for a parent under Section 107.0131.
         (i)  Before commencement of the hearing, the court shall
  inform each parent of:
               (1)  the parent's right to be represented by an
  attorney; and
               (2)  for a parent who is indigent and appears in
  opposition to the motion, the parent's right to a court-appointed
  attorney.
         (j)  If a parent claims indigence, the court shall require
  the parent to complete and file with the court an affidavit of
  indigence. The court may consider additional evidence to determine
  whether the parent is indigent, including evidence relating to the
  parent's income, source of income, assets, property ownership,
  benefits paid in accordance with a federal, state, or local public
  assistance program, outstanding obligations, and necessary
  expenses and the number and ages of the parent's dependents. If the
  court determines the parent is indigent, the attorney ad litem
  appointed to represent the interests of the parent may continue the
  representation. If the court determines the parent is not
  indigent, the court shall discharge the attorney ad litem from the
  appointment after the hearing.
         (k)  The court may, for good cause shown, postpone any
  subsequent proceedings for not more than seven days after the date
  of the attorney ad litem's discharge to allow the parent to hire an
  attorney or to provide the parent's attorney time to prepare for the
  subsequent proceeding.
         (l)  An order may not be rendered under this section except
  after notice and hearing.
         (m)  At the conclusion of the hearing, the court shall deny
  the petition unless the court finds by a preponderance of evidence
  that:
               (1)  abuse or neglect has occurred or there is a
  continuing danger to the physical health or safety of the child
  caused by an act or failure to act of the person entitled to
  possession; and
               (2)  services to the family are necessary to ensure the
  safety of the child.
         (n)  If the court finds sufficient evidence under Subsection
  (m), the court shall:
               (1)  state its findings of fact in the order;
               (2)  make appropriate temporary orders under Chapter
  105 necessary to ensure the safety of the child; and
               (3)  order the participation in specific services
  narrowly tailored to address the findings made by the court under
  Subsection (m).
         (o)  Not later than the 60th day after the date the court
  renders an order under this section, the court shall hold a status
  hearing to review the status of each party and the child and the
  services provided, purchased, or referred for the family. The
  court shall set subsequent review hearings every 60 days to review
  the continued need for the order.
         (p)  An order rendered under this section expires on the
  180th day after the date the order is signed unless it is renewed as
  provided by Subsection (q).
         (q)  The court may renew an order rendered under this section
  on a showing by the department of a continuing need for the order,
  after notice and hearing. The order may be renewed only one time
  for not longer than 180 days.
         (r)  At any time, a party affected by the order may request
  the court to terminate the order. The court shall terminate the
  order on a finding that there is no longer a need for the order.
         SECTION 16.  Section 262.201(a-5), Family Code, is repealed.
         SECTION 17.  The changes in law made by this Act apply only
  to a suit filed by the Department of Family and Protective Services
  on or after the effective date of this Act. A suit filed by the
  department before that date 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 18.  To the extent of any conflict, this Act prevails
  over another Act of the 86th Legislature, Regular Session, 2019,
  relating to nonsubstantive additions to and corrections in enacted
  codes.
         SECTION 19.  This Act takes effect October 1, 2019.