Bill Amendment: TX HB1087 | 2023-2024 | 88th Legislature

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: Relating to the requirements for certain petitions and orders in suits affecting the parent-child relationship filed by the Department of Family and Protective Services and the contents of a petition in certain suits affecting the parent-child relationship.

Status: 2023-06-12 - Effective on 9/1/23 [HB1087 Detail]

Download: Texas-2023-HB1087-Senate_Amendment_S_2_F1-Middleton.html

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Amend HB 1087 (senate committee printing) as follows:

(1)  In SECTION 1 of the bill, in added Section 262.101(b), Family Code (page 1, line 43), immediately following "describe", insert "with specificity in a separate section".

(2)  In SECTION 2 of the bill, in added Section 262.102(e), Family Code (page 1, line 51), between "describe" and "the", insert "with specificity in a separate section".

(3)  In SECTION 3 of the bill, in added Section 262.105(c), Family Code (page 1, line 57), immediately following "describe", insert "with specificity in a separate section".

(4)  In SECTION 4 of the bill, in added Section 262.107(c), Family Code (page 2, line 4), between "writing" and "the", insert "and in a separate section".

(5)  In SECTION 5 of the bill, in added Section 262.201(g-2), Family Code (page 2, line 11), between "writing" and the underlined colon, insert "and in a separate section".

(6)  Add the following appropriately numbered SECTION to the bill and renumber subsequent SECTIONS of the bill accordingly:

SECTION ____.  Section 161.001, Family Code, is amended by adding Subsections (f) and (g) to read as follows:

(f)  In a suit for termination of the parent-child relationship filed by the Department of Family and Protective Services, the court may not order termination of the parent-child relationship under Subsection (b)(1) unless the court finds by clear and convincing evidence and describes in writing with specificity in a separate section of the order that:

(1)  the department made reasonable efforts to return the child to the parent before commencement of a trial on the merits and despite those reasonable efforts, a continuing danger remains in the home that prevents the return of the child to the parent; or

(2)  reasonable efforts to return the child to the parent, including the requirement for the department to provide a family service plan to the parent, have been waived under Section 262.2015.

(g)  In a suit for termination of the parent-child relationship filed by the Department of Family and Protective Services in which the department made reasonable efforts to return the child to the child's home but a continuing danger in the home prevented the child's return, the court shall include in a separate section of its order written findings describing with specificity the reasonable efforts the department made to return the child to the child's home.