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