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A BILL TO BE ENTITLED
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AN ACT
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relating to court orders to aid an investigation by the Department |
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of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.303, Family Code, is amended by |
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amending Subsections (b) and (c) and adding Subsection (f) to read |
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as follows: |
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(b) If admission to the home, school, or any place where the |
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child may be cannot be obtained, and if [then for good cause shown] |
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the court having family law jurisdiction has probable cause to |
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believe that an order is necessary to protect the child from abuse |
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or neglect, then the court shall order the parent, the person |
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responsible for the care of the children, or the person in charge of |
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any place where the child may be to allow entrance for the |
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interview, examination, and investigation. |
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(c) If a parent or person responsible for the child's care |
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does not consent to release of the child's prior medical, |
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psychological, or psychiatric records or to a medical, |
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psychological, or psychiatric examination of the child that is |
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requested by the department, and if the court having family law |
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jurisdiction has probable cause to believe that releasing the |
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records or conducting an examination of the child is necessary to |
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protect the child from abuse or neglect, then the court shall[, for |
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good cause shown,] order the records to be released or the |
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examination to be made at the times and places designated by the |
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court. |
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(f) A hearing for an order under Subsection (b) or (c) may |
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not be ex parte unless the court has probable cause to believe that |
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an immediate risk to the physical health or safety of the child |
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makes it impracticable to hold a full hearing. |
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SECTION 2. The changes in law made by this Act apply only to |
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an order rendered on or after the effective date of this Act. An |
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order rendered before the effective date of this Act is governed by |
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the law in effect on the date of the order, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |