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A BILL TO BE ENTITLED
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AN ACT
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relating to placing a child in the possessory conservatorship of |
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the child's parents in certain situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 263, Family Code, is |
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amended by adding Section 263.409 to read as follows: |
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Sec. 263.409. MODIFICATION OF FINAL ORDER. (a) A parent |
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may file suit to modify a final order rendered under this subchapter |
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if the final order: |
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(1) appoints as the child's managing conservator a |
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person who is not the child's parent, other than the department; and |
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(2) did not terminate the rights of the parent of the |
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child. |
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(b) In a suit to modify a final order authorized by this |
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section, the court may order the return of the child to the child's |
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parent if the court finds it is in the best interest of the child. |
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SECTION 2. Section 263.501(a), Family Code, is amended to |
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read as follows: |
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(a) If the department is appointed [has been named] as a |
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child's managing conservator in a final order that does not include |
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termination of parental rights, or if the department is not |
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dismissed from the suit in a final order that appoints a person who |
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is not the child's parent as the child's managing conservator and |
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that does not include termination of parental rights, the court |
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shall conduct a permanency hearing after the final order is |
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rendered at least once every six months until the department: |
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(1) is no longer the child's managing conservator; or |
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(2) is dismissed from the suit. |
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SECTION 3. Subchapter F, Chapter 263, Family Code, is |
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amended by adding Section 263.504 to read as follows: |
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Sec. 263.504. RETURNING CHILD TO PARENT. (a) At each |
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permanency hearing after the date the court rendered the final |
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order appointing the department as the child's managing conservator |
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without terminating parental rights, the department shall review |
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the child's placement to determine whether the child could be |
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returned to the child's parent. |
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(b) At each permanency hearing after the date the court |
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rendered the final order appointing a person who is not the child's |
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parent as the child's managing conservator without terminating |
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parental rights or dismissing the department from the suit, the |
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department shall review the child's placement to determine whether |
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the child could be returned to the child's parent. |
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(c) The department may recommend reunification with the |
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child's parent if the department finds: |
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(1) the parent of the child has remedied the condition |
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or conditions that led to removal of the child; |
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(2) the parent of the child is willing and able to care |
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for the child; and |
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(3) the best interest of the child will be served by |
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placing the child with the child's parent. |
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(d) The court may return the child to the child's parent if |
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the court finds it is in the best interest of the child. |
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(e) This section does not affect a parent's right under |
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other applicable law to seek a modification of an order issued under |
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this subchapter. |
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SECTION 4. The change in law made by this Act applies to a |
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permanency hearing held on or after the effective date of this Act |
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regardless of the date on which the Department of Family and |
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Protective Services is named the child's managing conservator. |
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SECTION 5. This Act takes effect September 1, 2021. |