Bill Text: TX HB3331 | 2019-2020 | 86th Legislature | Comm Sub
Bill Title: Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-24 - Committee report sent to Calendars [HB3331 Detail]
Download: Texas-2019-HB3331-Comm_Sub.html
86R25625 MCK-F | |||
By: Frank | H.B. No. 3331 | ||
Substitute the following for H.B. No. 3331: | |||
By: Klick | C.S.H.B. No. 3331 |
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relating to the procedures and grounds for terminating the | ||
parent-child relationship, for taking possession of a child, and | ||
for certain hearings in a suit affecting the parent-child | ||
relationship involving the Department of Family and Protective | ||
Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 161.001(c) and (e), Family Code, are | ||
amended to read as follows: | ||
(c) In making [ |
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Subsection (b) and ordering [ |
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relationship, the court may not consider [ |
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the parent: | ||
(1) homeschooled the child; | ||
(2) is economically disadvantaged; | ||
(3) has been charged with a nonviolent misdemeanor | ||
offense other than: | ||
(A) an offense under Title 5, Penal Code; | ||
(B) an offense under Title 6, Penal Code; or | ||
(C) an offense that involves family violence, as | ||
defined by Section 71.004 of this code; | ||
(4) provided or administered low-THC cannabis to a | ||
child for whom the low-THC cannabis was prescribed under Chapter | ||
169, Occupations Code; [ |
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(5) declined immunization for the child for reasons of | ||
conscience, including a religious belief; or | ||
(6) after taking reasonable precautionary measures, | ||
allowed a child, who is of sufficient maturity, physical condition, | ||
and mental ability to avoid substantial risk of physical harm, to | ||
engage in independent activities, including: | ||
(A) traveling to and from the child's home and | ||
school, including by walking, running, or bicycling; | ||
(B) traveling to and from the child's home and a | ||
commercial or recreational facility near to the child's home; | ||
(C) engaging in outdoor play; | ||
(D) remaining at the child's home unattended; or | ||
(E) engaging in other age-appropriate normalcy | ||
activities as defined by Section 264.001. | ||
(e) This section does not prohibit the Department of Family | ||
and Protective Services from offering evidence described by | ||
Subsection (c), for purposes other than a finding under Subsection | ||
(b), as part of an action to terminate the parent-child | ||
relationship under this subchapter. | ||
SECTION 2. Section 161.101, Family Code, is amended to read | ||
as follows: | ||
Sec. 161.101. PETITION ALLEGATIONS. (a) A petition for the | ||
termination of the parent-child relationship is sufficient without | ||
the necessity of specifying the underlying facts if the petition | ||
alleges in the statutory language the ground for the termination | ||
and that termination is in the best interest of the child. | ||
(b) A petition or motion filed by the Department of Family | ||
and Protective Services is subject to Chapter 10, Civil Practice | ||
and Remedies Code, and Rule 13, Texas Rules of Civil Procedure. | ||
SECTION 3. Section 261.001(4), Family Code, is amended to | ||
read as follows: | ||
(4) "Neglect": | ||
(A) includes: | ||
(i) the leaving of a child in a situation | ||
where the child would be exposed to a substantial risk of physical | ||
or mental harm, without arranging for necessary care for the child, | ||
and the demonstration of an intent not to return by a parent, | ||
guardian, or managing or possessory conservator of the child; | ||
(ii) the following acts or omissions by a | ||
person: | ||
(a) placing a child in or failing to | ||
remove a child from a situation that a reasonable person would | ||
realize requires judgment or actions beyond the child's level of | ||
maturity, physical condition, or mental abilities and that results | ||
in bodily injury or a substantial risk of immediate harm to the | ||
child; | ||
(b) failing to seek, obtain, or follow | ||
through with medical care for a child, with the failure resulting in | ||
or presenting a substantial risk of death, disfigurement, or bodily | ||
injury or with the failure resulting in an observable and material | ||
impairment to the growth, development, or functioning of the child; | ||
(c) the failure to provide a child | ||
with food, clothing, or shelter necessary to sustain the life or | ||
health of the child, excluding failure caused primarily by | ||
financial inability unless relief services had been offered and | ||
refused; | ||
(d) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to a substantial risk of sexual conduct harmful to the | ||
child; or | ||
(e) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to acts or omissions that constitute abuse under | ||
Subdivision (1)(E), (F), (G), (H), or (K) committed against another | ||
child; | ||
(iii) the failure by the person responsible | ||
for a child's care, custody, or welfare to permit the child to | ||
return to the child's home without arranging for the necessary care | ||
for the child after the child has been absent from the home for any | ||
reason, including having been in residential placement or having | ||
run away; or | ||
(iv) a negligent act or omission by an | ||
employee, volunteer, or other individual working under the auspices | ||
of a facility or program, including failure to comply with an | ||
individual treatment plan, plan of care, or individualized service | ||
plan, that causes or may cause substantial emotional harm or | ||
physical injury to, or the death of, a child served by the facility | ||
or program as further described by rule or policy; and | ||
(B) does not include: | ||
(i) the refusal by a person responsible for | ||
a child's care, custody, or welfare to permit the child to remain in | ||
or return to the child's home resulting in the placement of the | ||
child in the conservatorship of the department if: | ||
(a) [ |
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emotional disturbance; | ||
(b) [ |
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based solely on the person's inability to obtain mental health | ||
services necessary to protect the safety and well-being of the | ||
child; and | ||
(c) [ |
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all reasonable means available to the person to obtain the mental | ||
health services described by Sub-subparagraph (b); or | ||
(ii) the decision by a person responsible | ||
for a child's care, custody, or welfare, after taking reasonable | ||
precautionary measures, to permit the child, if the child is of | ||
sufficient maturity, physical condition, and mental ability to | ||
avoid substantial risk of physical harm, to engage in independent | ||
activities, including: | ||
(a) traveling to and from the child's | ||
home and school, including by walking, running, or bicycling; | ||
(b) traveling to and from the child's | ||
home and a commercial or recreational facility near to the child's | ||
home; | ||
(c) engaging in outdoor play; | ||
(d) remaining at the child's home | ||
unattended; or | ||
(e) engaging in other age-appropriate | ||
normalcy activities as defined by Section 264.001 [ |
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SECTION 4. Section 262.001, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) In determining the reasonable efforts that are required | ||
to be made with respect to preventing or eliminating the need to | ||
remove a child from the child's home, the court shall consider | ||
whether based on all the information available at the time a | ||
reasonably prudent person would determine that the immediate danger | ||
to the physical health and safety of the child caused by remaining | ||
in the child's home outweighs the emotional distress that results | ||
or may result from disrupting the parent-child relationship by | ||
removing the child from the child's home or parent. In making the | ||
determination the court may not: | ||
(1) consider expert testimony; or | ||
(2) authorize a psychological evaluation of the child | ||
or an assessment of the child's mental health. | ||
SECTION 5. Section 262.101, Family Code, is amended to read | ||
as follows: | ||
Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF | ||
CHILD. 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, or in accordance | ||
with another standard otherwise required by this section, 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; [ |
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(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; and | ||
(5) using the standard required by Section 262.001(c), | ||
the immediate danger to the physical health and safety of the child | ||
caused by remaining in the child's home outweighs the emotional | ||
distress that results or may result from disrupting the | ||
parent-child relationship by removing the child from the child's | ||
home or parent. | ||
SECTION 6. Section 262.105(b), Family Code, is amended to | ||
read as follows: | ||
(b) An original suit filed by a governmental entity after | ||
taking possession of a child under Section 262.104 must be | ||
supported by an affidavit stating facts sufficient to satisfy a | ||
person of ordinary prudence and caution, or in accordance with | ||
another standard otherwise required by this subsection, that: | ||
(1) based on the affiant's personal knowledge or on | ||
information furnished by another person corroborated by the | ||
affiant's personal knowledge, one of the following circumstances | ||
existed at the time the child was taken into possession: | ||
(A) there was an immediate danger to the physical | ||
health or safety of the child; | ||
(B) the child was the victim of sexual abuse or of | ||
trafficking under Section 20A.02 or 20A.03, Penal Code; | ||
(C) the parent or person who had possession of | ||
the child was using a controlled substance as defined by Chapter | ||
481, Health and Safety Code, and the use constituted an immediate | ||
danger to the physical health or safety of the child; or | ||
(D) the parent or person who had possession of | ||
the child permitted the child to remain on premises used for the | ||
manufacture of methamphetamine; and | ||
(2) based on the affiant's personal knowledge: | ||
(A) continuation of the child in the home would | ||
have been contrary to the child's welfare; | ||
(B) there was no time, consistent with the | ||
physical health or safety of the child, for a full adversary hearing | ||
under Subchapter C; [ |
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(C) 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; and | ||
(D) using the standard required by Section | ||
262.001(c), the immediate danger to the physical health and safety | ||
of the child caused by remaining in the child's home outweighs the | ||
emotional distress that results or may result from disrupting the | ||
parent-child relationship by removing the child from the child's | ||
home or parent. | ||
SECTION 7. Section 262.113, Family Code, is amended to read | ||
as follows: | ||
Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF | ||
CHILD. An original suit filed by a governmental entity that | ||
requests to take possession of a child after 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 a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the person entitled to possession of the child and that allowing the | ||
child to remain in the home would be contrary to the child's | ||
welfare; [ |
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(2) reasonable efforts, consistent with the | ||
circumstances and providing for the safety of the child, have been | ||
made to prevent or eliminate the need to remove the child from the | ||
child's home; and | ||
(3) using the standard required by Section 262.001(c), | ||
the immediate danger to the physical health and safety of the child | ||
caused by remaining in the child's home outweighs the emotional | ||
distress that results or may result from disrupting the | ||
parent-child relationship by removing the child from the child's | ||
home or parent. | ||
SECTION 8. Section 262.116(a), Family Code, is amended to | ||
read as follows: | ||
(a) The Department of Family and Protective Services may not | ||
take possession of a child under this subchapter based on evidence | ||
that the parent: | ||
(1) homeschooled the child; | ||
(2) is economically disadvantaged; | ||
(3) has been charged with a nonviolent misdemeanor | ||
offense other than: | ||
(A) an offense under Title 5, Penal Code; | ||
(B) an offense under Title 6, Penal Code; or | ||
(C) an offense that involves family violence, as | ||
defined by Section 71.004 of this code; | ||
(4) provided or administered low-THC cannabis to a | ||
child for whom the low-THC cannabis was prescribed under Chapter | ||
169, Occupations Code; [ |
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(5) declined immunization for the child for reasons of | ||
conscience, including a religious belief; or | ||
(6) after taking reasonable precautionary measures, | ||
allowed a child, who is of sufficient maturity, physical condition, | ||
and mental ability to avoid substantial risk of physical harm, to | ||
engage in independent activities, including: | ||
(A) traveling to and from the child's home and | ||
school, including by walking, running, or bicycling; | ||
(B) traveling to and from the child's home and a | ||
commercial or recreational facility near to the child's home; | ||
(C) engaging in outdoor play; | ||
(D) remaining at the child's home unattended; or | ||
(E) engaging in other age-appropriate normalcy | ||
activities as defined by Section 264.001. | ||
SECTION 9. Section 262.201, Family Code, is amended by | ||
amending Subsections (e-1), (g), (h), and (j) and adding | ||
Subsections (g-1), (j-1), (j-2), (j-3), and (n-1) to read as | ||
follows: | ||
(e-1) If a parent who is not indigent appears in opposition | ||
to the suit, the court may, for good cause shown, postpone the full | ||
adversary hearing for not more than seven days from the date of the | ||
parent's appearance to allow the parent to hire an attorney or to | ||
provide the parent's attorney time to respond to the petition and | ||
prepare for the hearing. A postponement under this subsection is | ||
subject to the limits and requirements prescribed by Subsection (e) | ||
and Section 155.207. | ||
(g) In a suit filed under Section 262.101 or 262.105, at the | ||
conclusion of the full adversary hearing, the court shall order the | ||
return of the child to the parent, managing conservator, possessory | ||
conservator, guardian, caretaker, or custodian entitled to | ||
possession from whom the child is removed unless the court finds | ||
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(1) there was a danger to the physical health or safety | ||
of the child, including a danger that the child would be a victim of | ||
trafficking under Section 20A.02 or 20A.03, Penal Code, which was | ||
caused by an act or failure to act of the person entitled to | ||
possession and for the child to remain in the home is contrary to | ||
the welfare of the child; | ||
(2) the urgent need for protection required the | ||
immediate removal of the child and reasonable efforts, consistent | ||
with the circumstances and providing for the safety of the child, | ||
were made to eliminate or prevent the child's removal; [ |
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(3) reasonable efforts have been made to enable the | ||
child to return home, but there is a substantial risk of a | ||
continuing danger if the child is returned home; and | ||
(4) using the standard required by Section 262.001(c), | ||
the immediate danger to the physical health and safety of the child | ||
caused by remaining in the child's home outweighs the emotional | ||
distress that results or may result from disrupting the | ||
parent-child relationship by removing the child from the child's | ||
home or parent. | ||
(g-1) In a suit filed under Section 262.101 or 262.105, if | ||
the court does not order the return of the child under Subsection | ||
(g) and finds that another parent, managing conservator, possessory | ||
conservator, guardian, caretaker, or custodian entitled to | ||
possession did not cause the immediate danger to the physical | ||
health or safety of the child or was not the perpetrator of the | ||
neglect or abuse alleged in the suit, the court shall grant | ||
possession of the child to that person unless the court finds, | ||
specific to each person entitled to possession, that: | ||
(1) the person cannot be located after the exercise of | ||
due diligence by the Department of Family and Protective Services | ||
or the person is unable or unwilling to take possession of the | ||
child; or | ||
(2) reasonable efforts have been made to enable the | ||
person's possession of the child but granting possession to that | ||
person presents a continuing danger to the physical health or | ||
safety of the child caused by an act or failure to act of the person, | ||
including a danger that the child would be a victim of trafficking | ||
under Section 20A.02 or 20A.03, Penal Code. | ||
(h) In a suit filed under Section 262.101 or 262.105, if the | ||
court finds sufficient evidence to make the applicable finding | ||
under Subsection (g) or (g-1) [ |
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shall issue an appropriate temporary order under Chapter 105. | ||
(j) In a suit filed under Section 262.113, at the conclusion | ||
of the full adversary hearing, the court shall issue an appropriate | ||
temporary order under Chapter 105 if the court finds, with respect | ||
to the parent, managing conservator, possessory conservator, | ||
guardian, caretaker, or custodian entitled to possession from whom | ||
the Department of Family and Protective Services is seeking | ||
removal, [ |
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(1) there is a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the person entitled to possession of the child and continuation of | ||
the child in the person's home would be contrary to the child's | ||
welfare; [ |
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(2) 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; and | ||
(3) using the standard required by Section 262.001(c), | ||
the immediate danger to the physical health and safety of the child | ||
caused by remaining in the child's home outweighs the emotional | ||
distress that results or may result from disrupting the person's | ||
relationship with the child by removing the child from the child's | ||
home or the person. | ||
(j-1) In a suit filed under Section 262.113, if the court | ||
orders the removal of the child under Subsection (j) and finds that | ||
another parent, managing conservator, possessory conservator, | ||
guardian, caretaker, or custodian entitled to possession did not | ||
cause the continuing danger to the physical health or safety of the | ||
child or was not the perpetrator of the neglect or abuse alleged in | ||
the suit, the court shall grant possession of the child to that | ||
person unless the court finds, specific to each person entitled to | ||
possession, that: | ||
(1) the person cannot be located after the exercise of | ||
due diligence by the department or the person is unable or unwilling | ||
to take possession of the child; or | ||
(2) reasonable efforts have been made to enable the | ||
person's possession of the child, but granting possession to that | ||
person presents a continuing danger to the physical health or | ||
safety of the child caused by an act or failure to act of the person. | ||
(j-2) A person who otherwise qualifies to take possession of | ||
a child under Subsection (j-1) shall be granted possession of the | ||
child if: | ||
(1) the person did not receive possession of the child | ||
under Subsection (j-1) because the person could not be located or | ||
was unable to take possession; and | ||
(2) the person's location is known and the person | ||
submits to the department a written request to take possession of | ||
the child. | ||
(j-3) On receipt of a written request to take possession of | ||
a child under Subsection (j-2)(2), the Department of Family and | ||
Protective Services shall file a motion with the court requesting | ||
an order granting possession of the child to the person. | ||
(n-1) If the court does not grant possession of a child to a | ||
parent, managing conservator, possessory conservator, guardian, | ||
caretaker, or custodian entitled to possession under Subsection | ||
(g), (g-1), (j-1), or (j-2), the court shall place the child with a | ||
relative of the child unless the court finds that the placement with | ||
a relative is not in the best interest of the child. | ||
SECTION 10. Section 263.002, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) At each permanency hearing before the final order, the | ||
court shall review the placement of each child in the temporary | ||
managing conservatorship of the department who has not been | ||
returned to the child's home. At the end of the hearing, the court | ||
shall order the department to return the child to the child's parent | ||
or parents unless the court finds, with respect to each parent, | ||
that: | ||
(1) there is a continuing danger to the physical | ||
health or safety of the child; and | ||
(2) returning the child to the child's parent or | ||
parents [ |
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contrary to the welfare of the child [ |
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(d) This section does not prohibit the court from rendering | ||
an order under Section 263.403. | ||
SECTION 11. Subchapter E, Chapter 263, Family Code, is | ||
amended by adding Section 263.4011 to read as follows: | ||
Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On | ||
timely commencement of the trial on the merits required by Section | ||
263.401, the court shall render a final order not later than the | ||
90th day after the date the trial commences. | ||
(b) The 90-day period for rendering a final order under | ||
Subsection (a) is not tolled for any recess during the trial. | ||
(c) If the court finds that extraordinary circumstances | ||
necessitate extending the 90-day period under Subsection (a), the | ||
court may grant one extension of that date for not longer than 30 | ||
days. The court shall render a written order: | ||
(1) specifying the grounds on which the extension is | ||
granted; and | ||
(2) requiring a final order to be rendered not later | ||
than the 30th day after the date the extension is granted. | ||
(d) Except as provided by Section 263.401, if the court does | ||
not render a final order before the dismissal date provided by this | ||
section, the court's jurisdiction over the suit is terminated and | ||
the suit is automatically dismissed without a court order. | ||
SECTION 12. Section 263.404(a), Family Code, is amended to | ||
read as follows: | ||
(a) The court may render a final order appointing the | ||
department as managing conservator of the child without terminating | ||
the rights of the parent of the child if the court finds that: | ||
(1) appointment of a parent as managing conservator | ||
would not be in the best interest of the child because the | ||
appointment would significantly impair the child's physical health | ||
or emotional development; [ |
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(2) it would not be in the best interest of the child | ||
to appoint a relative of the child or another person as managing | ||
conservator; and | ||
(3) if the child has previously been in the | ||
conservatorship of the department, there is sufficient evidence to | ||
demonstrate that termination of parental rights to the child is not | ||
possible or not in the child's best interest. | ||
SECTION 13. Section 264.203, Family Code, is amended to | ||
read as follows: | ||
Sec. 264.203. REQUIRED PARTICIPATION. (a) The department | ||
may file a suit requesting [ |
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the court to render a temporary [ |
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order requiring the parent, managing conservator, guardian, or | ||
other member of the [ |
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(1) participate in the services for which the | ||
department makes a referral or services the department provides or | ||
purchases for: | ||
(A) alleviating the effects of the abuse or | ||
neglect that has occurred; or | ||
(B) reducing a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the parent, managing conservator, guardian, or other member of the | ||
child's household [ |
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(2) permit the child and any siblings of the child to | ||
receive the services. | ||
(b) A suit requesting an order under this section may be | ||
filed in a court with jurisdiction to hear the suit in the county in | ||
which the child resides [ |
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(c) Except as otherwise provided by this subchapter, the | ||
suit is governed by the Texas Rules of Civil Procedure applicable to | ||
the filing of an original lawsuit [ |
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(d) The petition shall be supported by a sworn affidavit by | ||
a person based on personal knowledge and stating facts sufficient | ||
to support a finding that: | ||
(1) the child has been a victim of abuse or neglect or | ||
is at substantial risk of abuse or neglect; and | ||
(2) there is a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the parent, managing conservator, guardian, or other member of the | ||
child's household unless that person participates in services | ||
requested by the department [ |
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(e) In a suit filed under this section, the court may render | ||
a temporary restraining order as provided by Section 105.001. | ||
(f) The court shall hold a hearing on the petition not later | ||
than the 14th day after the date the petition is filed unless the | ||
court finds good cause for extending that date for not more than 14 | ||
days. | ||
(g) The court shall appoint an attorney ad litem to | ||
represent the interests of the child immediately after the filing | ||
but before the hearing to ensure adequate representation of the | ||
child. The attorney ad litem for the child shall have the powers | ||
and duties of an attorney ad litem for a child under Chapter 107. | ||
(h) The court shall appoint an attorney ad litem to | ||
represent the interests of a parent for whom participation in | ||
services is being requested immediately after the filing but before | ||
the hearing to ensure adequate representation of the parent. The | ||
attorney ad litem for the parent shall have the powers and duties of | ||
an attorney ad litem for a parent under Section 107.0131. | ||
(i) Before commencement of the hearing, the court shall | ||
inform each parent of: | ||
(1) the parent's right to be represented by an | ||
attorney; and | ||
(2) for a parent who is indigent and appears in | ||
opposition to the motion, the parent's right to a court-appointed | ||
attorney. | ||
(j) If a parent claims indigence, the court shall require | ||
the parent to complete and file with the court an affidavit of | ||
indigence. The court may consider additional evidence to determine | ||
whether the parent is indigent, including evidence relating to the | ||
parent's income, source of income, assets, property ownership, | ||
benefits paid in accordance with a federal, state, or local public | ||
assistance program, outstanding obligations, and necessary | ||
expenses and the number and ages of the parent's dependents. If the | ||
court determines the parent is indigent, the attorney ad litem | ||
appointed to represent the interests of the parent may continue the | ||
representation. If the court determines the parent is not | ||
indigent, the court shall discharge the attorney ad litem from the | ||
appointment after the hearing and shall order the parent to pay the | ||
cost of the attorney ad litem representation. | ||
(k) The court may, for good cause shown, postpone any | ||
subsequent proceedings for not more than seven days after the date | ||
of the attorney ad litem's discharge to allow the parent to hire an | ||
attorney or to provide the parent's attorney time to prepare for the | ||
subsequent proceeding. | ||
(l) An order may not be rendered under this section except | ||
after notice and hearing. | ||
(m) At the conclusion of the hearing, the court shall deny | ||
the petition unless the court finds by a preponderance of evidence | ||
that: | ||
(1) abuse or neglect has occurred or there is a | ||
continuing danger to the physical health or safety of the child | ||
caused by an act or failure to act of the person entitled to | ||
possession; and | ||
(2) services to the family are necessary to ensure the | ||
safety of the child. | ||
(n) If the court finds sufficient evidence under Subsection | ||
(m), the court shall: | ||
(1) state its findings in the order; | ||
(2) make appropriate temporary orders under Chapter | ||
105 necessary to ensure the safety of the child; and | ||
(3) order the participation in specific services | ||
narrowly tailored to address the findings made by the court under | ||
Subsection (m). | ||
(o) Not later than the 90th day after the date the court | ||
renders an order under this section, the court shall hold a status | ||
hearing to review the status of each party and the child and the | ||
services provided, purchased, or referred for the family. The | ||
court shall set subsequent review hearings every 90 days to review | ||
the continued need for the order. | ||
(p) An order rendered under this section expires on the | ||
180th day after the date the order is signed unless it is renewed as | ||
provided by Subsection (q). | ||
(q) The court may renew an order rendered under this section | ||
on a showing by the department of a continuing need for the order, | ||
after notice and hearing. The order may be renewed only one time | ||
for not longer than 180 days. | ||
(r) At any time, a party affected by the order may request | ||
the court to terminate the order. The court shall terminate the | ||
order on a finding that there is no longer a need for the order. | ||
SECTION 14. Section 262.201(a-5), Family Code, is repealed. | ||
SECTION 15. The changes in law made by this Act apply only | ||
to a suit filed by the Department of Family and Protective Services | ||
on or after the effective date of this Act. A suit filed by the | ||
department before that date 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 16. To the extent of any conflict, this Act prevails | ||
over another Act of the 86th Legislature, Regular Session, 2019, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 17. This Act takes effect October 1, 2019. |