|
|
|
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. |