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A BILL TO BE ENTITLED
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AN ACT
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relating to certain procedures in suits affecting the parent-child |
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relationship filed by the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.008(b), Family Code, is amended to |
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read as follows: |
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(b) The petition must include: |
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(1) a statement that: |
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(A) the court in which the petition is filed has |
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continuing, exclusive jurisdiction or that no court has continuing |
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jurisdiction of the suit; or |
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(B) in a suit in which adoption of a child is |
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requested, the court in which the petition is filed has |
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jurisdiction of the suit under Section 103.001(b); |
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(2) the name and date of birth of the child, except |
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that if adoption of a child is requested, the name of the child may |
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be omitted; |
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(3) the full name of the petitioner and the |
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petitioner's relationship to the child or the fact that no |
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relationship exists; |
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(4) the names of the parents, except in a suit in which |
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adoption is requested; |
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(5) the name of the managing conservator, if any, or |
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the child's custodian, if any, appointed by order of a court of |
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another state or country; |
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(6) the names of the guardians of the person and estate |
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of the child, if any; |
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(7) the names of possessory conservators or other |
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persons, if any, having possession of or access to the child under |
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an order of the court; |
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(8) the name of an alleged father of the child or a |
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statement that the identity of the father of the child is unknown; |
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(9) a full description and statement of value of all |
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property owned or possessed by the child; |
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(10) a statement describing what action the court is |
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requested to take concerning the child and the statutory grounds on |
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which the request is made; |
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(11) in a suit under Chapter 161, 261, or 262, a |
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separate statement describing the particular statutory grounds of |
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abuse or neglect alleged as to each applicable child; |
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(12) a statement as to whether, in regard to a party to |
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the suit or a child of a party to the suit: |
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(A) there is in effect: |
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(i) a protective order under Title 4; |
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(ii) a protective order under Subchapter A, |
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Chapter 7B, Code of Criminal Procedure; or |
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(iii) an order for emergency protection |
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under Article 17.292, Code of Criminal Procedure; or |
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(B) an application for an order described by |
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Paragraph (A) is pending; and |
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(13) [(12)] any other information required by this |
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title. |
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SECTION 2. Chapter 104, Family Code, is amended by adding |
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Sections 104.009 and 104.010 to read as follows: |
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Sec. 104.009. ADMISSIBILITY OF CERTAIN EVIDENCE. Except as |
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otherwise provided by law, Article 38.23, Code of Criminal |
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Procedure, applies to the admissibility of evidence in a suit filed |
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by the Department of Family and Protective Services under Chapter |
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161 or 262 in the same manner as if the person responsible for a |
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child's care, custody, or welfare was a defendant in a criminal |
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prosecution. |
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Sec. 104.010. DUTY TO DISCLOSE CERTAIN INFORMATION TO |
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PARENT. (a) In a suit filed by the Department of Family and |
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Protective Services under Chapter 161, 261, or 262 against a person |
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responsible for a child's care, custody, or welfare, the department |
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and the attorney for the state shall disclose to the person any |
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exculpatory, impeachment, or mitigating document, item, or |
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information in the possession, custody, or control of the state |
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that tends to disprove an allegation against the person as soon as |
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practicable after obtaining the document, item, or information. |
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(b) The Department of Family and Protective Services and the |
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attorney for the state shall disclose a document, item, or |
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information under this section in a manner consistent with any laws |
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protecting the confidentiality of any person who made a report on |
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which the suit is based. |
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SECTION 3. Subchapter D, Chapter 261, Family Code, is |
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amended by adding Section 261.3111 to read as follows: |
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Sec. 261.3111. NOTICE REQUIRED ON INITIAL CONTACT WITH |
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INDIVIDUAL SUBJECT TO INVESTIGATION. (a) At the time of the |
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initial contact with an individual subject to an investigation |
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under this chapter, or with the individual's legal representative, |
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the department shall: |
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(1) notify the individual or the legal representative |
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of the complaints or allegations made against the individual by |
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reading or otherwise providing the complete report made concerning |
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the individual in a manner that is consistent with any laws |
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protecting the rights of the informant; and |
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(2) disclose to the individual or the legal |
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representative whether the report of abuse or neglect was made |
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anonymously. |
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(b) The department shall give the notice required by |
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Subsection (a) regardless of the manner in which the initial |
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contact is made, including contact by telephone, by e-mail or other |
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electronic communication, or in person. |
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(c) The department shall provide a written copy of the |
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notice required by this section on request of the individual |
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subject to an investigation under this chapter or the individual's |
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legal representative. |
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SECTION 4. Sections 262.201(g) and (h), Family Code, are |
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amended to read as follows: |
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(g) In a suit filed under Section 262.101 or 262.105, at the |
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conclusion of the full adversary hearing, the court shall order the |
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return of the child to the parent, managing conservator, possessory |
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conservator, guardian, caretaker, or custodian entitled to |
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possession from whom the child is removed unless the court finds by |
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a preponderance of the evidence [sufficient evidence to satisfy a |
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person of ordinary prudence and caution] that: |
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(1) there was a danger to the physical health or safety |
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of the child, including a danger that the child would be a victim of |
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trafficking under Section 20A.02 or 20A.03, Penal Code, which was |
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caused by an act or failure to act of the person entitled to |
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possession and for the child to remain in the home is contrary to |
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the welfare of the child; |
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(2) the urgent need for protection required the |
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immediate removal of the child and reasonable efforts, consistent |
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with the circumstances and providing for the safety of the child, |
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were made to eliminate or prevent the child's removal; and |
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(3) reasonable efforts have been made to enable the |
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child to return home, but a preponderance of the evidence shows that |
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there is a substantial risk of a continuing danger if the child is |
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returned home. |
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(h) In a suit filed under Section 262.101 or 262.105, if the |
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court makes [finds sufficient evidence to make] the applicable |
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finding under Subsection (g) or (g-1) by a preponderance of the |
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evidence, the court shall issue an appropriate temporary order |
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under Chapter 105. |
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SECTION 5. Subchapter C, Chapter 262, Family Code, is |
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amended by adding Section 262.207 to read as follows: |
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Sec. 262.207. EXAMINATION OF CHILD. On the motion of a |
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person responsible for a child's care, custody, or welfare being |
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investigated for abuse or neglect of the child, the court shall |
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render an order allowing an examination of the child to be performed |
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at least 72 hours before the full adversary hearing. The |
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examination may include medical, dental, educational, |
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developmental, psychological, or psychiatric evaluations or |
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assessments by providers chosen by the person. |
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SECTION 6. Section 264.408, Family Code, is amended by |
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adding Subsection (d-2) to read as follows: |
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(d-2) In a suit filed by the department under Chapter 161 or |
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262, the department shall produce an electronic recording of an |
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interview described by Subsection (d) to the person responsible for |
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a child's care, custody, or welfare being investigated for abuse or |
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neglect. A court may not deny a request by the person to copy, |
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photograph, duplicate, or otherwise reproduce an electronic |
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recording of the interview. |
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SECTION 7. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 8. The changes in law made by this Act apply only to |
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a report of suspected abuse or neglect made on or after the |
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effective date of this Act. A report of suspected abuse or neglect |
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made before that date is governed by the law in effect on the date |
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the report was made, and that law is continued in effect for that |
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purpose. |
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SECTION 9. This Act takes effect September 1, 2023. |