| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the appointment of the Department of Family and |
|
|
Protective Services and a child's parent or legal guardian as joint |
|
|
managing conservators for the child. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 262.352, Family Code, is amended to read |
|
|
as follows: |
|
|
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a) |
|
|
In this section, "hotel" has the meaning assigned by Section |
|
|
792.001, Health and Safety Code. |
|
|
(b) Before the department files a suit affecting the |
|
|
parent-child relationship requesting managing conservatorship of a |
|
|
child who suffers from a severe emotional disturbance in order to |
|
|
obtain mental health services for the child, the department must, |
|
|
unless it is not in the best interest of the child, discuss with the |
|
|
child's parent or legal guardian the option of seeking a court order |
|
|
for joint managing conservatorship of the child with the |
|
|
department. |
|
|
(c) A court shall enter an order appointing the department |
|
|
and the child's parent or legal guardian as joint managing |
|
|
conservators of the child if the court finds sufficient evidence to |
|
|
satisfy a person of ordinary prudence and caution that the child's |
|
|
parent or legal guardian has: |
|
|
(1) exhausted all reasonable means available to the |
|
|
parent or legal guardian to obtain mental health services to meet |
|
|
the child's needs; and |
|
|
(2) agreed to actively participate in the child's |
|
|
service plan in preparation for the child's return to the parent or |
|
|
legal guardian. |
|
|
(d) A child in the joint managing conservatorship of the |
|
|
department and the child's parent or legal guardian may not receive |
|
|
temporary emergency care under Section 264.107(g) in a hotel or |
|
|
other unlicensed setting. |
|
|
SECTION 2. The change in law made by this Act applies only |
|
|
to a suit affecting the parent-child relationship filed on or after |
|
|
the effective date of this Act. A suit affecting the parent-child |
|
|
relationship filed before the effective date of this Act is |
|
|
governed by the law in effect on the date the suit was filed, and the |
|
|
former law is continued in effect for that purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2023. |