Bill Text: TX HB1087 | 2023-2024 | 88th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
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.

Spectrum: Partisan Bill (Republican 2-0)

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

Download: Texas-2023-HB1087-Engrossed.html
  88R16352 BDP-D
 
  By: Hull H.B. No. 1087
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the contents of a petition in certain suits affecting
  the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 262.101, Family Code, is amended to read
  as follows:
         Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
  CHILD. (a) 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 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; and
               (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.
         (b)  The affidavit required by Subsection (a) must describe
  all reasonable efforts, consistent with the circumstances and
  providing for the safety of the child, that were made to prevent or
  eliminate the need for the removal of the child. 
         SECTION 2.  Section 262.102, Family Code, is amended by
  adding Subsection (e) to read as follows:
         (e)  The temporary order, temporary restraining order, or
  attachment of a child rendered by the court under Subsection (a)
  must describe the reasonable efforts, consistent with the
  circumstances and providing for the safety of the child, that were
  made to prevent or eliminate the need for the removal of the child
  as required by Subsection (a)(4). 
         SECTION 3.  Section 262.105, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  The affidavit required by Subsection (b) must describe
  all reasonable efforts, consistent with the circumstances and
  providing for the safety of the child, that were made to prevent or
  eliminate the need for the removal of the child. 
         SECTION 4.  Section 262.107, Family Code, is amended by
  adding Subsection (c) to read as follows:
         (c)  If the court does not order the return of the child at an
  initial hearing under Subsection (a), the court must describe in
  writing the reasonable efforts, consistent with the circumstances
  and providing for the safety of the child, that were made to prevent
  or eliminate the need for the removal of the child.
         SECTION 5.  Section 262.201, Family Code, is amended by
  adding Subsection (g-2) to read as follows:
         (g-2)  If, at the conclusion of a full adversary hearing, the
  court renders an order under Subsection (g) or (g-1), the court must
  describe in writing:
               (1)  the reasonable efforts that were made to enable
  the child to return home and the substantial risk of a continuing
  danger if the child is returned home, as required by Subsection
  (g)(3); or
               (2)  the reasonable efforts that were made to enable a
  person's possession of the child and the continuing danger to the
  physical health or safety of the child as required by Subsection
  (g-1)(2). 
         SECTION 6.  The changes in law made by this Act apply to a
  suit affecting the parent-child relationship filed on or after the
  effective date of this Act. A suit filed before the effective date
  of this Act is governed by the law in effect on the date the suit is
  filed, and the former law is continued in effect for that purpose.
         SECTION 7.  This Act takes effect September 1, 2023.
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