Bill Text: TX HB4850 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to certain procedures in a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Juvenile Justice & Family Issues [HB4850 Detail]
Download: Texas-2023-HB4850-Introduced.html
88R12581 MLH-F | ||
By: Campos | H.B. No. 4850 |
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relating to certain procedures in a suit affecting the parent-child | ||
relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 262.014, Family Code, is amended to read | ||
as follows: | ||
Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. The [ |
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Family and Protective Services shall, not later than the seventh | ||
day before the date of the full adversary hearing, provide to each | ||
party: | ||
(1) the name of any person, excluding a department | ||
employee, whom the department will call as a witness to any of the | ||
allegations contained in the petition filed by the department and | ||
any witness statement provided by the person; | ||
(2) a copy of any offense report relating to the | ||
allegations contained in the petition filed by the department that | ||
will be used in court to refresh a witness's memory; [ |
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(3) a copy of any photograph, video, or recording that | ||
will be presented as evidence; | ||
(4) a copy of any report submitted to the department by | ||
a medical provider with the forensic assessment center network | ||
regarding a child who is the subject of the suit; | ||
(5) all exculpatory, impeachment, or mitigating | ||
evidence in the possession, custody, or control of the department | ||
or its agent that: | ||
(A) is relevant to a parent who is a party in the | ||
suit; and | ||
(B) tends to negate any claim of abuse or neglect | ||
of a child by the parent; and | ||
(6) a true and correct copy of the department's | ||
investigative file, including the intake report with only the name | ||
of the reporting party redacted. | ||
SECTION 2. Section 262.105(a), Family Code, is amended to | ||
read as follows: | ||
(a) When a child is taken into possession without a court | ||
order, the person taking the child into possession, without | ||
unnecessary delay, shall: | ||
(1) file a suit affecting the parent-child | ||
relationship; | ||
(2) request the court to appoint an attorney ad litem | ||
for the child; [ |
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(3) request an initial hearing to be held by no later | ||
than the first business day after the date the child is taken into | ||
possession; and | ||
(4) provide notice of the initial hearing to the | ||
person in possession of the child. | ||
SECTION 3. Section 262.106(c), Family Code, is amended to | ||
read as follows: | ||
(c) If the initial hearing is not held within the time | ||
required, the child shall be returned to the parent, managing | ||
conservator, possessory conservator, guardian, caretaker, or | ||
custodian who is presently entitled to possession of the child and | ||
the suit affecting the parent-child relationship shall be | ||
dismissed. | ||
SECTION 4. Section 262.107(a), Family Code, is amended to | ||
read as follows: | ||
(a) The court shall order the return of the child at the | ||
initial hearing regarding a child taken in possession without a | ||
court order by a governmental entity and dismiss the suit affecting | ||
the parent-child relationship, unless the court is satisfied that: | ||
(1) the evidence shows that one of the following | ||
circumstances exists: | ||
(A) there is a continuing danger to the physical | ||
health or safety of the child if the child is returned to the | ||
parent, managing conservator, possessory conservator, guardian, | ||
caretaker, or custodian who is presently entitled to possession of | ||
the child; | ||
(B) the child has been the victim of sexual abuse | ||
or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one | ||
or more occasions and that there is a substantial risk that the | ||
child will be the victim of sexual abuse or of trafficking in the | ||
future; | ||
(C) the parent or person who has possession of | ||
the child is currently using a controlled substance as defined by | ||
Chapter 481, Health and Safety Code, and the use constitutes an | ||
immediate danger to the physical health or safety of the child; or | ||
(D) the parent or person who has possession of | ||
the child has permitted the child to remain on premises used for the | ||
manufacture of methamphetamine; | ||
(2) continuation of the child in the home would be | ||
contrary to the child's welfare; and | ||
(3) reasonable efforts, consistent with the | ||
circumstances and providing for the safety of the child, were made | ||
to prevent or eliminate the need for removal of the child. | ||
SECTION 5. Section 262.201, Family Code, is amended by | ||
amending Subsections (a), (g), and (g-1) and adding Subsections | ||
(b), (b-1), and (h-1) to read as follows: | ||
(a) In a suit filed under Section 262.101 or 262.105, | ||
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later than the 14th day after the date the child was taken into | ||
possession by the governmental entity, unless: | ||
(1) the court grants an extension under Subsection (e) | ||
or (e-1); | ||
(2) the child has already been returned to the parent, | ||
managing conservator, possessory conservator, guardian, caretaker, | ||
or custodian entitled to possession and the temporary order, if | ||
any, has been dissolved; or | ||
(3) the parties to the suit agree to name the | ||
Department of Family and Protective Services as temporary managing | ||
conservator of the child. | ||
(b) A court shall give precedence to a hearing under this | ||
section over all other hearings and complete the hearing as soon as | ||
practicable. | ||
(b-1) If the court has not held a full adversary hearing | ||
before the end of the 14th day after the date the child was taken | ||
into possession by the governmental entity, the court shall dismiss | ||
the case unless the court grants an extension under Subsection (e) | ||
or (e-1). | ||
(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 and dismiss the suit | ||
affecting the parent-child relationship unless the court finds by a | ||
preponderance of the [ |
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(1) there was an immediate [ |
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health or safety of the child at the time the child was removed, | ||
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; and | ||
(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. | ||
(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 name that | ||
person temporary sole managing conservator [ |
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the child [ |
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of the [ |
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possession: | ||
(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 possession by 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-1) If the court finds that the child has been abused or | ||
neglected, the court shall record in the court's order the factual | ||
basis for the finding of abuse or neglect, including to the extent | ||
possible, each person's acts or omissions that formed the basis of | ||
the court's finding of abuse or neglect. | ||
SECTION 6. Section 263.002(c), Family Code, is amended 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 and dismiss the case unless: | ||
(1) the court finds, with respect to each parent, | ||
that: | ||
(A) [ |
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physical health or safety of the child; and | ||
(B) [ |
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parent or parents is contrary to the welfare of the child; or | ||
(2) the parties agree that the department should | ||
continue as temporary managing conservator of the child. | ||
SECTION 7. Section 263.501, Family Code, is amended by | ||
adding Subsections (h) and (i) to read as follows: | ||
(h) At each permanency hearing, the court shall order the | ||
department to provide services to a parent for not more than six | ||
months after the date of the permanency hearing, if the court | ||
determines that further efforts at reunification with a parent are: | ||
(1) in the best interests of the child; and | ||
(2) likely to result in the child's safe return to the | ||
parent. | ||
(i) At each permanency hearing held under this section, the | ||
court shall review the parent's progress relating to any services | ||
the court has ordered and, if appropriate, on its own motion, modify | ||
the final order to return the child to the parent. This subsection | ||
does not prohibit the department or the child's attorney ad litem | ||
from filing a motion to modify the final order. | ||
SECTION 8. Section 263.5031(a), Family Code, is amended to | ||
read as follows: | ||
(a) At each permanency hearing after the court renders a | ||
final order, the court shall: | ||
(1) identify all persons and parties present at the | ||
hearing; | ||
(2) review the efforts of the department or other | ||
agency in notifying persons entitled to notice under Section | ||
263.0021; | ||
(3) for a child placed with a relative of the child or | ||
other designated caregiver, review the efforts of the department to | ||
inform the caregiver of: | ||
(A) the option to become verified by a licensed | ||
child-placing agency to operate an agency foster home, if | ||
applicable; and | ||
(B) the permanency care assistance program under | ||
Subchapter K, Chapter 264; and | ||
(4) review the permanency progress report to | ||
determine: | ||
(A) the safety and well-being of the child and | ||
whether the child's needs, including any medical or special needs, | ||
are being adequately addressed; | ||
(B) whether the child has been provided the | ||
opportunity, in a developmentally appropriate manner, to identify | ||
any adult, particularly an adult residing in the child's community, | ||
who could be a relative or designated caregiver for the child; | ||
(C) whether the department placed the child with | ||
a relative or designated caregiver and the continuing necessity and | ||
appropriateness of the placement of the child, including with | ||
respect to a child who has been placed outside of this state, | ||
whether the placement continues to be in the best interest of the | ||
child; | ||
(D) if the child is placed in institutional care, | ||
whether efforts have been made to ensure that the child is placed in | ||
the least restrictive environment consistent with the child's best | ||
interest and special needs; | ||
(E) the appropriateness of the primary and | ||
alternative permanency goals for the child, whether the department | ||
has made reasonable efforts to finalize the permanency plan, | ||
including the concurrent permanency goals, in effect for the child, | ||
and whether: | ||
(i) the department has exercised due | ||
diligence in attempting to place the child for adoption if parental | ||
rights to the child have been terminated and the child is eligible | ||
for adoption; or | ||
(ii) another permanent placement, | ||
including appointing a relative as permanent managing conservator | ||
or returning the child to a parent, is appropriate for the child; | ||
(F) for a child whose permanency goal is another | ||
planned permanent living arrangement: | ||
(i) the desired permanency outcome for the | ||
child, by asking the child; | ||
(ii) whether, as of the date of the hearing, | ||
another planned permanent living arrangement is the best permanency | ||
plan for the child and, if so, provide compelling reasons why it | ||
continues to not be in the best interest of the child to: | ||
(a) return home; | ||
(b) be placed for adoption; | ||
(c) be placed with a legal guardian; | ||
or | ||
(d) be placed with a fit and willing | ||
relative; | ||
(iii) whether the department has conducted | ||
an independent living skills assessment under Section | ||
264.121(a-3); | ||
(iv) whether the department has addressed | ||
the goals identified in the child's permanency plan, including the | ||
child's housing plan, and the results of the independent living | ||
skills assessment; | ||
(v) if the youth is 16 years of age or | ||
older, whether there is evidence that the department has provided | ||
the youth with the documents and information listed in Section | ||
264.121(e); and | ||
(vi) if the youth is 18 years of age or | ||
older or has had the disabilities of minority removed, whether | ||
there is evidence that the department has provided the youth with | ||
the documents and information listed in Section 264.121(e-1); | ||
(G) if the child is 14 years of age or older, | ||
whether services that are needed to assist the child in | ||
transitioning from substitute care to independent living are | ||
available in the child's community; | ||
(H) whether the child is receiving appropriate | ||
medical care and has been provided the opportunity, in a | ||
developmentally appropriate manner, to express the child's opinion | ||
on any medical care provided; | ||
(I) for a child receiving psychotropic | ||
medication, whether the child: | ||
(i) has been provided appropriate | ||
nonpharmacological interventions, therapies, or strategies to meet | ||
the child's needs; or | ||
(ii) has been seen by the prescribing | ||
physician, physician assistant, or advanced practice nurse at least | ||
once every 90 days; | ||
(J) whether an education decision-maker for the | ||
child has been identified, the child's education needs and goals | ||
have been identified and addressed, and there are major changes in | ||
the child's school performance or there have been serious | ||
disciplinary events; and | ||
(K) [ |
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family or other caring adult who has made a permanent commitment to | ||
the child. | ||
SECTION 9. Section 264.203(n), Family Code, is amended to | ||
read as follows: | ||
(n) If the court renders an order granting the petition, the | ||
court shall: | ||
(1) state its findings in the order; and | ||
(2) [ |
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narrowly tailored to address the findings made by the court under | ||
Subsection (m). | ||
SECTION 10. Section 262.106(b), Family Code, is repealed. | ||
SECTION 11. The change in law made by this Act applies to a | ||
suit affecting the parent-child relationship that is pending in a | ||
trial court on the effective date of this Act or that is filed on or | ||
after the effective date of this Act. | ||
SECTION 12. This Act takes effect September 1, 2023. |