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A BILL TO BE ENTITLED
|
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AN ACT
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relating to the procedures and grounds for terminating the |
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parent-child relationship, for taking possession of a child, and |
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for certain hearings in a suit affecting the parent-child |
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relationship involving the 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. Sections 161.001(c) and (e), Family Code, are |
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amended to read as follows: |
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(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: |
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(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. |
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(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. |
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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; |
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(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
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court may impose appropriate sanctions in order to protect the
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health and safety of the child, including the removal of the child
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as specified by Chapter 262]. |
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(d) The petition shall be supported by an affidavit by a |
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person based on personal knowledge or the person's belief based on |
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representations made to the person by a person with personal |
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knowledge and stating facts sufficient to support a finding that: |
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(1) the child has been a victim of abuse or neglect or |
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is at substantial risk of abuse or neglect; and |
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(2) there is a continuing danger to the physical |
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health or safety of the child caused by an act or failure to act of |
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the parent, managing conservator, guardian, or other member of the |
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child's household unless that person participates in services |
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requested by the department [If the court does not order the person
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to participate, the court in writing shall specify the reasons for
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not ordering participation]. |
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(e) In a suit filed under this section, the court may render |
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a temporary restraining order as provided by Section 105.001. |
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(f) The court shall hold a hearing on the petition not later |
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than the 14th day after the date the petition is filed. |
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(g) The court shall appoint an attorney ad litem to |
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represent the interests of the child immediately after the filing |
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but before the hearing to ensure adequate representation of the |
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child. The attorney ad litem for the child shall have the powers |
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and duties of an attorney ad litem for a child under Chapter 107. |
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(h) The court shall appoint an attorney ad litem to |
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represent the interests of a parent for whom participation in |
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services is being requested immediately after the filing but before |
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the hearing to ensure adequate representation of the parent. The |
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attorney ad litem for the parent shall have the powers and duties of |
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an attorney ad litem for a parent under Section 107.0131. |
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(i) Before commencement of the hearing, the court shall |
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inform each parent of: |
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(1) the parent's right to be represented by an |
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attorney; and |
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(2) for a parent who is indigent and appears in |
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opposition to the motion, the parent's right to a court-appointed |
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attorney. |
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(j) If a parent claims indigence, the court shall require |
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the parent to complete and file with the court an affidavit of |
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indigence. The court may consider additional evidence to determine |
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whether the parent is indigent, including evidence relating to the |
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parent's income, source of income, assets, property ownership, |
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benefits paid in accordance with a federal, state, or local public |
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assistance program, outstanding obligations, and necessary |
|
expenses and the number and ages of the parent's dependents. If the |
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court determines the parent is indigent, the attorney ad litem |
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appointed to represent the interests of the parent may continue the |
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representation. If the court determines the parent is not |
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indigent, the court shall discharge the attorney ad litem from the |
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appointment after the hearing. |
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(k) The court may, for good cause shown, postpone any |
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subsequent proceedings for not more than seven days after the date |
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of the attorney ad litem's discharge to allow the parent to hire an |
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attorney or to provide the parent's attorney time to prepare for the |
|
subsequent proceeding. |
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(l) An order may not be rendered under this section except |
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after notice and hearing. |
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(m) At the conclusion of the hearing, the court shall deny |
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the petition unless the court finds by a preponderance of evidence |
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that: |
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(1) abuse or neglect has occurred or there is a |
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continuing danger to the physical health or safety of the child |
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caused by an act or failure to act of the person entitled to |
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possession; and |
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(2) services to the family are necessary to ensure the |
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safety of the child. |
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(n) If the court finds sufficient evidence under Subsection |
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(m), the court shall: |
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(1) state its findings of fact in the order; |
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(2) make appropriate temporary orders under Chapter |
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105 necessary to ensure the safety of the child; and |
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(3) order the participation in specific services |
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narrowly tailored to address the findings made by the court under |
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Subsection (m). |
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(o) Not later than the 60th day after the date the court |
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renders an order under this section, the court shall hold a status |
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hearing to review the status of each party and the child and the |
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services provided, purchased, or referred for the family. The |
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court shall set subsequent review hearings every 60 days to review |
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the continued need for the order. |
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(p) An order rendered under this section expires on the |
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180th day after the date the order is signed unless it is renewed as |
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provided by Subsection (q). |
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(q) The court may renew an order rendered under this section |
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on a showing by the department of a continuing need for the order, |
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after notice and hearing. The order may be renewed only one time |
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for not longer than 180 days. |
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(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. |
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SECTION 16. Section 262.201(a-5), Family Code, is repealed. |
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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. |
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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. |
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SECTION 19. This Act takes effect October 1, 2019. |