By: Hull H.B. No. 43
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the contents of a petition in certain suits affecting
  the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 262.101, Family Code, is amended to read
  as follows:
         Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
  CHILD. (a) 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.
         (b)  The affidavit required by Subsection (a) must describe
  all reasonable efforts that were made to prevent or eliminate the
  need for the removal of the child.
         SECTION 2.  Section 262.105, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The affidavit required by Subsection (b) must describe
  all reasonable efforts that were made to prevent or eliminate the
  need for the removal of the child.
         SECTION 3.  Section 262.113, Family Code, is amended to read
  as follows:
         Sec. 262.113.  FILING SUIT WITHOUT TAKING POSSESSION OF
  CHILD. (a) 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.
         (b)  The affidavit required by Subsection (a) must describe
  all reasonable efforts that were made to prevent or eliminate the
  need for the removal of the child.
         SECTION 4.  The changes in law made by this Act apply to a
  suit affecting the parent-child relationship filed on or after the
  effective date of this Act. A suit filed before the effective date
  of this Act is governed by the law in effect on the date the suit is
  filed, and the former law is continued in effect for that purpose.
         SECTION 5.  This Act takes effect on the 91st day after the
  last day of the legislative session.