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A BILL TO BE ENTITLED
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AN ACT
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relating to the contents of a petition in certain suits affecting |
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the 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 262.101, Family Code, is amended to read |
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as follows: |
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Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF |
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CHILD. (a) An original suit filed by a governmental entity that |
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requests permission to take possession of a child without prior |
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notice and a hearing must be supported by an affidavit sworn to by a |
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person with personal knowledge and stating facts sufficient to |
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satisfy a person of ordinary prudence and caution that: |
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(1) there is an immediate danger to the physical |
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health or safety of the child or the child has been a victim of |
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neglect or sexual abuse; |
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(2) continuation in the home would be contrary to the |
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child's welfare; |
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(3) there is no time, consistent with the physical |
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health or safety of the child, for a full adversary hearing under |
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Subchapter C; and |
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(4) reasonable efforts, consistent with the |
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circumstances and providing for the safety of the child, were made |
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to prevent or eliminate the need for the removal of the child. |
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(b) The affidavit required by Subsection (a) must describe |
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all reasonable efforts that were made to prevent or eliminate the |
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need for the removal of the child. |
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SECTION 2. Section 262.105, Family Code, is amended by |
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adding Subsection (c) to read as follows: |
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(c) The affidavit required by Subsection (b) must describe |
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all reasonable efforts that were made to prevent or eliminate the |
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need for the removal of the child. |
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SECTION 3. Section 262.113, Family Code, is amended to read |
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as follows: |
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Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF |
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CHILD. (a) An original suit filed by a governmental entity that |
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requests to take possession of a child after notice and a hearing |
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must be supported by an affidavit sworn to by a person with personal |
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knowledge and stating facts sufficient to satisfy a person of |
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ordinary prudence and caution that: |
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(1) 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 person entitled to possession of the child and that allowing the |
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child to remain in the home would be contrary to the child's |
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welfare; and |
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(2) reasonable efforts, consistent with the |
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circumstances and providing for the safety of the child, have been |
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made to prevent or eliminate the need to remove the child from the |
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child's home. |
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(b) The affidavit required by Subsection (a) must describe |
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all reasonable efforts that were made to prevent or eliminate the |
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need for the removal of the child. |
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SECTION 4. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship filed on or after the |
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effective date of this Act. A suit filed before the effective date |
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of this Act is governed by the law in effect on the date the suit is |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 5. This Act takes effect September 1, 2021. |