Bill Text: TX HB7 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to child protective services suits, motions, and services by the Department of Family and Protective Services and to the licensing of certain facilities, homes, and agencies that provide child-care services.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-05-31 - See remarks for effective date [HB7 Detail]
Download: Texas-2017-HB7-Introduced.html
Bill Title: Relating to child protective services suits, motions, and services by the Department of Family and Protective Services and to the licensing of certain facilities, homes, and agencies that provide child-care services.
Spectrum: Bipartisan Bill
Status: (Passed) 2017-05-31 - See remarks for effective date [HB7 Detail]
Download: Texas-2017-HB7-Introduced.html
By: Wu | H.B. No. 7 |
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relating to child protective services suits by the Department of | ||
Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 262, Family Code, is | ||
amended by adding Section 262.0022 to read as follows: | ||
Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each | ||
hearing under this chapter, the court shall review the placement of | ||
each child in the temporary or permanent managing conservatorship | ||
of the department who is not placed with a relative caregiver or | ||
designated caregiver as defined by Section 264.751. The court | ||
shall make a finding as to whether the department has made | ||
reasonable efforts to place the child with a relative or other | ||
designated caregiver. | ||
SECTION 2. Subchapter A, Chapter 262, Family Code, is | ||
amended by adding Sections 262.013 and 262.014 to read as follows: | ||
Sec. 262.013. VOLUNTARY TEMPORARY MANAGING | ||
CONSERVATORSHIP. In a suit affecting the parent-child | ||
relationship, a person's voluntary agreement to temporarily place | ||
the person's child in the managing conservatorship of the | ||
department is inadmissible in a court hearing under this subtitle | ||
as evidence that the person abused or neglected the child. | ||
Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. On the | ||
request of the attorney for a parent who is a party in a suit | ||
affecting the parent-child relationship filed under this chapter, | ||
or the attorney ad litem for the parent's child, the Department of | ||
Family and Protective Services shall, before the full adversary | ||
hearing, provide: | ||
(1) the name of any person, excluding a department | ||
employee, who the department will call as is a witness to any of the | ||
allegations contained in the petition filed by the department; | ||
(2) a copy of any offense report relating to the | ||
allegations contained in the petition filed by the department; and | ||
(3) a copy of any photograph, video, or recording that | ||
constitutes or contains evidence that is material to the | ||
allegations contained in the petition filed by the department. | ||
SECTION 3. Section 262.201, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) If the court finds sufficient evidence to satisfy a | ||
person of ordinary prudence and caution that there is a continuing | ||
danger to the physical health or safety of the child and for the | ||
child to remain in the home is contrary to the welfare of the child, | ||
the court shall: | ||
(1) issue an appropriate temporary order under Chapter | ||
105; | ||
(2) [ |
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father, or relative of the child before the court to: | ||
(A) complete the proposed child placement | ||
resources form provided under Section 261.307; | ||
(B) [ |
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form has not been previously filed with the court;[ |
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(C) provide the Department of Family and | ||
Protective Services with information necessary to locate any other | ||
absent parent, alleged father, or relative of the child; | ||
(3) [ |
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father, or relative of the child before the court that the person's | ||
failure to submit the proposed child placement resources form will | ||
not delay any court proceedings relating to the child; | ||
(4) [ |
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court that parental and custodial rights and duties may be subject | ||
to restriction or to termination unless the parent or parents are | ||
willing and able to provide the child with a safe environment; and | ||
(5) unless the court has waived the requirement of a | ||
service plan on the court's finding of aggravated circumstances | ||
under Section 262.2015, after reviewing the basic service plan | ||
required under Section 262.206 and making any change or | ||
modification the court considers necessary, incorporate the plan | ||
into the order of the court and render any additional appropriate | ||
order to implement or require compliance with the plan. | ||
(c-1) If the court finds that the child requires protection | ||
from family violence by a member of the child's family or household, | ||
the court shall render a protective order under Title 4 for the | ||
child. In this subsection, "family violence" has the meaning | ||
assigned by Section 71.004. | ||
SECTION 4. Subchapter C, Chapter 262, Family Code, is | ||
amended by adding Section 262.206 to read as follows: | ||
Sec. 262.206. BASIC SERVICE PLAN. (a) The Department of | ||
Family and Protective Services shall develop a statewide uniform | ||
basic family service plan to be filed with the court at each full | ||
adversary hearing held under Section 262.201. | ||
(b) The basic service plan must: | ||
(1) be in writing; | ||
(2) specify the primary permanency goal for the child; | ||
(3) state the steps necessary to: | ||
(A) return the child to the child's home if the | ||
child is placed in foster care; | ||
(B) enable the child to remain in the child's | ||
home with the assistance of a service plan if the child's placement | ||
is in the child's home under the department's supervision; or | ||
(C) otherwise provide a safe placement for the | ||
child; | ||
(4) state the basic actions the child's parents must | ||
take to achieve the plan goal during the period of the service plan | ||
and the assistance to be provided to the parents by the department | ||
or other agency toward meeting that goal; | ||
(5) state any basic skill or knowledge that the child's | ||
parents must acquire or learn and any basic behavioral change the | ||
parents must exhibit to achieve the plan goal; | ||
(6) state the initial actions the child's parents must | ||
take to ensure that the child attends school and maintains or | ||
improves the child's academic compliance; | ||
(7) prescribe any other basic condition that the | ||
department determines necessary for the success of the service | ||
plan; and | ||
(8) be printed in English, Spanish, and any other | ||
language the department considers appropriate. | ||
(c) The basic service plan must include the following | ||
statement: | ||
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE PURPOSE | ||
OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE | ||
ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. AT | ||
THE INITIAL COURT HEARING, A JUDGE WILL REVIEW THE PLAN, MODIFY THE | ||
PLAN IF NECESSARY, AND REQUIRE COMPLIANCE WITH THE PLAN. IF YOU ARE | ||
UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT, | ||
YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR | ||
TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. AT THE INITIAL | ||
COURT HEARING, A JUDGE WILL REVIEW THIS BASIC SERVICE PLAN. A | ||
SUBSEQUENT COURT STATUS HEARING MAY BE SCHEDULED AT WHICH A JUDGE | ||
MAY REVIEW AN INDIVIDUALIZED SERVICE PLAN FOR YOUR CHILD AND | ||
REQUIRE COMPLIANCE WITH THE INDIVIDUALIZED PLAN. | ||
(d) The basic service plan may not include an allegation of | ||
abuse or neglect of the child or a restatement of the facts of the | ||
case. An allegation of abuse or neglect or a restatement of the | ||
facts of the case in a basic service plan is inadmissible in court | ||
as evidence. | ||
(e) Not later than the fifth business day after the date the | ||
full adversary hearing is held under Section 262.201, the | ||
department shall: | ||
(1) make all referrals necessary for the parents to | ||
comply with the parents' responsibilities under the basic service | ||
plan; and | ||
(2) provide to the parents an accurate list of | ||
approved providers who provide those services in the department | ||
region in which the parent resides. | ||
SECTION 5. Section 263.002, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a) | ||
In a suit affecting the parent-child relationship in which the | ||
department has been appointed by the court or designated in an | ||
affidavit of relinquishment of parental rights as the temporary or | ||
permanent managing conservator of a child, the court shall hold a | ||
hearing to review: | ||
(1) the conservatorship appointment and substitute | ||
care; and | ||
(2) for a child committed to the Texas Juvenile | ||
Justice Department, the child's commitment in the Texas Juvenile | ||
Justice Department or release under supervision by the Texas | ||
Juvenile Justice Department. | ||
(b) At each hearing under this chapter, the court shall | ||
review the placement of each child in the temporary or permanent | ||
managing conservatorship of the department who is not placed with a | ||
relative caregiver or designated caregiver as defined by Section | ||
264.751. The court shall make a finding as to whether the | ||
department is able to place the child with a relative or other | ||
designated caregiver and state the evidence that supports its | ||
finding. | ||
SECTION 6. The heading to Subchapter B, Chapter 263, Family | ||
Code, is amended to read as follows: | ||
SUBCHAPTER B. INDIVIDUALIZED SERVICE PLAN AND VISITATION PLAN | ||
SECTION 7. Sections 263.101, 263.102, and 263.103, Family | ||
Code, are amended to read as follows: | ||
Sec. 263.101. DEPARTMENT TO FILE INDIVIDUALIZED SERVICE | ||
PLAN. Except as provided by Section 262.2015, [ |
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appointing the department as temporary managing conservator of a | ||
child under Chapter 262 and before the date of the status hearing | ||
required under Subchapter C, the department may [ |
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the court an individualized [ |
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Sec. 263.102. INDIVIDUALIZED SERVICE PLAN; CONTENTS. (a) | ||
The individualized service plan must: | ||
(1) be specific; | ||
(2) be in writing in a language that the parents | ||
understand, or made otherwise available; | ||
(3) be prepared by the department in conference with | ||
the child's parents; | ||
(4) state appropriate deadlines; | ||
(5) specify the primary permanency goal and at least | ||
one alternative permanency goal; | ||
(6) state steps that are necessary to: | ||
(A) return the child to the child's home if the | ||
placement is in foster care; | ||
(B) enable the child to remain in the child's | ||
home with the assistance of a service plan if the placement is in | ||
the home under the department's supervision; or | ||
(C) otherwise provide a permanent safe placement | ||
for the child; | ||
(7) state the actions and responsibilities that are | ||
necessary for the child's parents to take to achieve the plan goal | ||
during the period of the service plan and the assistance to be | ||
provided to the parents by the department or other agency toward | ||
meeting that goal; | ||
(8) state any specific skills or knowledge that the | ||
child's parents must acquire or learn, as well as any behavioral | ||
changes the parents must exhibit, to achieve the plan goal; | ||
(9) state the actions and responsibilities that are | ||
necessary for the child's parents to take to ensure that the child | ||
attends school and maintains or improves the child's academic | ||
compliance; | ||
(10) state the name of the person with the department | ||
whom the child's parents may contact for information relating to | ||
the child if other than the person preparing the plan; and | ||
(11) prescribe any other term or condition that the | ||
department determines to be necessary to the service plan's | ||
success. | ||
(b) The individualized service plan must [ |
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the following statement: | ||
TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. THE [ |
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PURPOSE OF THIS PLAN IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE | ||
ENVIRONMENT WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF | ||
YOU ARE UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE | ||
ENVIRONMENT, YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE | ||
RESTRICTED OR TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. | ||
AT [ |
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THIS INDIVIDUALIZED SERVICE PLAN, MODIFY THE PLAN IF NECESSARY, | ||
INCORPORATE THE PLAN INTO THE COURT'S ORDER, AND REQUIRE COMPLIANCE | ||
WITH THE PLAN. | ||
(c) The individualized service plan may not include an | ||
allegation of abuse or neglect of the child or a restatement of the | ||
facts of the case. An allegation of abuse or neglect or a | ||
restatement of the facts of the case in an individualized service | ||
plan is inadmissible in the court as evidence. | ||
(c-1) The department shall provide with the individualized | ||
service plan a list of approved providers in the department service | ||
area in which the parent resides of the services necessary for the | ||
parents to comply with the plan. The department shall maintain the | ||
accuracy of the provider list. | ||
(d) The department or other authorized entity must write the | ||
individualized service plan in a manner that is clear and | ||
understandable to the parent in order to facilitate the parent's | ||
ability to follow the requirements of the service plan. | ||
(e) Regardless of whether the goal stated in a child's | ||
individualized service plan as required under Subsection (a)(5) is | ||
to return the child to the child's parents or to terminate parental | ||
rights and place the child for adoption, the department shall | ||
concurrently provide to the child and the child's family, as | ||
applicable: | ||
(1) time-limited family reunification services as | ||
defined by 42 U.S.C. Section 629a for a period not to exceed the | ||
period within which the court must render a final order in or | ||
dismiss the suit affecting the parent-child relationship with | ||
respect to the child as provided by Subchapter E; and | ||
(2) adoption promotion and support services as defined | ||
by 42 U.S.C. Section 629a. | ||
(f) The department shall consult with relevant | ||
professionals to determine the skills or knowledge that the parents | ||
of a child under two years of age should learn or acquire to provide | ||
a safe placement for the child. The department shall incorporate | ||
those skills and abilities into the department's individualized | ||
service plans, as appropriate. | ||
Sec. 263.103. INDIVIDUALIZED [ |
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SIGNING AND TAKING EFFECT. (a) The individualized [ |
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service plan shall be developed jointly by the child's parents and a | ||
representative of the department. The department representative | ||
shall inform[ |
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connection with the service plan process. If a parent is not able | ||
or willing to participate in the development of the service plan, it | ||
should be so noted in the plan. | ||
(a-1) Before the individualized [ |
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signed, the child's parents and the representative of the | ||
department shall discuss each term and condition of the plan. | ||
(b) The child's parents and the person preparing the | ||
individualized [ |
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department shall give each parent a copy of the service plan. | ||
(c) If the department determines that the child's parents | ||
are unable or unwilling to participate in the development of the | ||
individualized [ |
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department may file the plan without the parents' signatures. | ||
(d) The individualized [ |
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when: | ||
(1) the child's parents and the appropriate | ||
representative of the department sign the plan; or | ||
(2) the court issues an order giving effect to the plan | ||
without the parents' signatures. | ||
(e) The individualized [ |
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until amended by the court or as provided under Section 263.104. | ||
SECTION 8. Section 263.105(c), Family Code, is amended to | ||
read as follows: | ||
(c) The court may modify an individualized [ |
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amended service plan at any time. | ||
SECTION 9. Section 263.106, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. After | ||
reviewing the individualized [ |
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and making any changes or modifications it deems necessary, the | ||
court shall incorporate the individualized [ |
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amended service plan into the orders of the court and may render | ||
additional appropriate orders to implement or require compliance | ||
with the [ |
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SECTION 10. Section 263.403(a), Family Code, is amended to | ||
read as follows: | ||
(a) Notwithstanding Section 263.401, the court may retain | ||
jurisdiction and not dismiss the suit or render a final order as | ||
required by that section if the court renders a temporary order | ||
that: | ||
(1) finds that retaining jurisdiction under this | ||
section is in the best interest of the child; | ||
(2) orders the department to: | ||
(A) return the child to the child's parent; or | ||
(B) transition the child, according to a schedule | ||
determined by the department, from substitute care to the parent | ||
while the parent completes the remaining requirements imposed under | ||
a service plan and specified in the temporary order that are | ||
necessary for the child's return; | ||
(3) orders the department to continue to serve as | ||
temporary managing conservator of the child; and | ||
(4) orders the department to monitor the child's | ||
placement to ensure that the child is in a safe environment. | ||
SECTION 11. Sections 263.405(a) and (b), Family Code, are | ||
amended to read as follows: | ||
(a) An appeal of a final order rendered under this | ||
subchapter is governed by this subchapter and the procedures for | ||
accelerated appeals in civil cases under the Texas Rules of | ||
Appellate Procedure. The appellate court shall render its final | ||
order or judgment with the least possible delay. | ||
(b) A final order rendered under this subchapter must | ||
contain the following prominently displayed statement in boldfaced | ||
type, in capital letters, or underlined: "A PARTY AFFECTED BY THIS | ||
ORDER HAS THE RIGHT TO APPEAL. AN APPEAL IN A SUIT IN WHICH | ||
TERMINATION OF THE PARENT-CHILD RELATIONSHIP IS SOUGHT IS GOVERNED | ||
BY SUBCHAPTER E, CHAPTER 263, FAMILY CODE, AND THE PROCEDURES FOR | ||
ACCELERATED APPEALS IN CIVIL CASES UNDER THE TEXAS RULES OF | ||
APPELLATE PROCEDURE. FAILURE TO FOLLOW SUBCHAPTER E, CHAPTER 263, | ||
FAMILY CODE, AND THE TEXAS RULES OF APPELLATE PROCEDURE FOR | ||
ACCELERATED APPEALS MAY RESULT IN THE DISMISSAL OF THE APPEAL." | ||
SECTION 12. Subchapter E, Chapter 263, Family Code, is | ||
amended by adding Sections 263.4055 and 263.4056 to read as | ||
follows: | ||
Sec. 263.4055. MOTION FOR NEW TRIAL ON FINAL ORDER; TIME FOR | ||
FILING AN APPEAL. (a) A motion for a new trial following a final | ||
order rendered under this subchapter must be filed not later than | ||
the fifth day after the date the final order is filed with the | ||
clerk. | ||
(b) The court shall hold a hearing on the motion for a new | ||
trial not later than the 14th day after the date the motion is | ||
filed. Unless the court rules on the motion for a new trial within | ||
the period provided by this subsection, the motion is denied by | ||
operation of law. | ||
(c) If a motion for a new trial is filed, an appeal of a | ||
final order under Section 263.405 must be filed not later than the | ||
20th day after the date the court rules on the motion for a new trial | ||
or the date the motion is denied by operation of law. | ||
(d) To the extent that this section conflicts with the Texas | ||
Rules of Civil Procedure or the Texas Rules of Appellate Procedure, | ||
this section controls. Notwithstanding Section 22.004, Government | ||
Code, this section may not be modified or repealed by a rule adopted | ||
by the supreme court. | ||
Sec. 263.4056. DEADLINE FOR FILING COURT REPORTER'S RECORD | ||
IN APPELLATE COURT. (a) In an appeal of a final order rendered | ||
under this subchapter, the court reporter for the court that | ||
rendered the order shall prepare and submit the reporter's record | ||
of the trial to the appellate court not later than the 20th day | ||
after the date the notice of appeal is filed with the court. | ||
(b) On a showing of good cause, the appellate court may | ||
extend the deadline for submitting the reporter's record. If the | ||
court grants an extension under this subsection, the reporter's | ||
record must be filed with the appellate court not later than the | ||
40th day after the date the notice of appeal is filed with the | ||
court. | ||
(c) To the extent that this section conflicts with the Texas | ||
Rules of Appellate Procedure, this section controls. | ||
Notwithstanding Section 22.004, Government Code, this section may | ||
not be modified or repealed by a rule adopted by the supreme court. | ||
SECTION 13. Section 264.018, Family Code, is amended by | ||
amending Subsection (f) and adding Subsections (f-1) and (f-2) to | ||
read as follows: | ||
(f) Except as provided by Subsection (f-1) or (f-2), as [ |
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soon as possible but not later than the 10th day after the date the | ||
department becomes aware of a significant event affecting a child | ||
in the conservatorship of the department, the department shall | ||
provide notice of the significant event to: | ||
(1) the child's parent; | ||
(2) an attorney ad litem appointed for the child under | ||
Chapter 107; | ||
(3) a guardian ad litem appointed for the child under | ||
Chapter 107; | ||
(4) a volunteer advocate appointed for the child under | ||
Chapter 107; | ||
(5) the licensed administrator of the child-placing | ||
agency responsible for placing the child or the licensed | ||
administrator's designee; | ||
(6) a foster parent, prospective adoptive parent, | ||
relative of the child providing care to the child, or director of | ||
the group home or general residential operation where the child is | ||
residing; and | ||
(7) any other person determined by a court to have an | ||
interest in the child's welfare. | ||
(f-1) As soon as possible but not later than the fifth day | ||
after the date a child-placing agency notifies the department of | ||
the agency's intent to change the placement of a child in the | ||
conservatorship of the department, the department shall give notice | ||
of the impending placement change and the reason given for the | ||
placement change to: | ||
(1) the child's parent; | ||
(2) an attorney ad litem appointed for the child under | ||
Chapter 107; | ||
(3) a guardian ad litem appointed for the child under | ||
Chapter 107; | ||
(4) a volunteer advocate appointed for the child under | ||
Chapter 107; | ||
(5) a foster parent, prospective adoptive parent, | ||
relative of the child providing care to the child, or director of | ||
the group home or general residential operation where the child is | ||
residing; and | ||
(6) any other person determined by a court to have an | ||
interest in the child's welfare. | ||
(f-2) As soon as possible but not later than the fifth day | ||
after the date a foster parent requests the removal of a child in | ||
the conservatorship of the department from the foster home, the | ||
department shall give notice of the impending placement change to: | ||
(1) the child's parent; | ||
(2) an attorney ad litem appointed for the child under | ||
Chapter 107; | ||
(3) a guardian ad litem appointed for the child under | ||
Chapter 107; | ||
(4) a volunteer advocate appointed for the child under | ||
Chapter 107; | ||
(5) the licensed administrator of the child-placing | ||
agency responsible for placing the child or the licensed | ||
administrator's designee; and | ||
(6) any other person determined by a court to have an | ||
interest in the child's welfare. | ||
SECTION 14. (a) The Department of Family and Protective | ||
Services shall develop the statewide uniform basic service plan as | ||
required by Section 262.206, Family Code, as added by this Act, not | ||
later than December 1, 2017. | ||
(b) The changes in law made by this Act apply only to a | ||
service plan filed for a full adversary hearing held under Section | ||
262.201, Family Code, or a status hearing held under Chapter 263, | ||
Family Code, on or after January 1, 2018. A hearing held before | ||
that date is governed by the law in effect immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
(c) Sections 263.405(a) and (b), Family Code, as amended by | ||
this Act, apply only to a final order rendered on or after the | ||
effective date of this Act. An order rendered before that date is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
(d) Sections 263.4055 and 263.4056, Family Code, as added by | ||
this Act, apply only to a motion for a new trial following a final | ||
order or an appeal of a final order rendered on or after the | ||
effective date of this Act. A motion for a new trial following a | ||
final order or an appeal of a final order rendered before the | ||
effective date of this Act is governed by the law in effect | ||
immediately before the effective date of this Act, and that law is | ||
continued in effect for that purpose. | ||
(e) The changes in law made by this Act apply only to an | ||
original suit affecting the parent-child relationship filed on or | ||
after the effective date of this Act. An original suit affecting the | ||
parent-child relationship filed before the effective date of this | ||
Act is subject to the law in effect at the time the suit was filed, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 15. This Act takes effect September 1, 2017. |