| |
| |
|
|
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, consistent with the circumstances and |
|
|
providing for the safety of the child, that were made to prevent or |
|
|
eliminate the need for the removal of the child. |
|
|
SECTION 2. Section 262.102, Family Code, is amended by |
|
|
adding Subsection (e) to read as follows: |
|
|
(e) The temporary order, temporary restraining order, or |
|
|
attachment of a child rendered by the court under Subsection (a) |
|
|
must describe the reasonable efforts, consistent with the |
|
|
circumstances and providing for the safety of the child, that were |
|
|
made to prevent or eliminate the need for the removal of the child |
|
|
as required by Subsection (a)(4). |
|
|
SECTION 3. 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, consistent with the circumstances and |
|
|
providing for the safety of the child, that were made to prevent or |
|
|
eliminate the need for the removal of the child. |
|
|
SECTION 4. Section 262.107, Family Code, is amended by |
|
|
adding Subsection (c) to read as follows: |
|
|
(c) If the court does not order the return of the child at an |
|
|
initial hearing under Subsection (a), the court must describe in |
|
|
writing the reasonable efforts, consistent with the circumstances |
|
|
and providing for the safety of the child, that were made to prevent |
|
|
or eliminate the need for the removal of the child. |
|
|
SECTION 5. Section 262.201, Family Code, is amended by |
|
|
adding Subsection (g-2) to read as follows: |
|
|
(g-2) If, at the conclusion of a full adversary hearing, the |
|
|
court renders an order under Subsection (g) or (g-1), the court must |
|
|
describe in writing: |
|
|
(1) the reasonable efforts that were made to enable |
|
|
the child to return home and the substantial risk of a continuing |
|
|
danger if the child is returned home, as required by Subsection |
|
|
(g)(3); or |
|
|
(2) the reasonable efforts that were made to enable a |
|
|
person's possession of the child and the continuing danger to the |
|
|
physical health or safety of the child as required by Subsection |
|
|
(g-1)(2). |
|
|
SECTION 6. 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 7. This Act takes effect September 1, 2023. |