Bill Text: TX SB1415 | 2017-2018 | 85th Legislature | Comm Sub
Bill Title: Relating to the child protective service functions of the Department of Family and Protective Services.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-05-04 - Committee report printed and distributed [SB1415 Detail]
Download: Texas-2017-SB1415-Comm_Sub.html
By: Hughes | S.B. No. 1415 | |
(In the Senate - Filed March 7, 2017; March 16, 2017, read | ||
first time and referred to Committee on Health & Human Services; | ||
May 4, 2017, reported adversely, with favorable Committee | ||
Substitute by the following vote: Yeas 9, Nays 0; May 4, 2017, sent | ||
to printer.) | ||
COMMITTEE SUBSTITUTE FOR S.B. No. 1415 | By: Taylor of Collin |
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relating to the child protective service functions of the | ||
Department of Family and Protective Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 155.201, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) On receiving notice that a court exercising | ||
jurisdiction under Chapter 262 has ordered the transfer of a suit | ||
under Section 262.203(a)(2), the court of continuing, exclusive | ||
jurisdiction shall, pursuant to the requirements of Section | ||
155.204(i), transfer the proceedings to the court in which the suit | ||
under Chapter 262 is pending. | ||
SECTION 2. Section 155.204(i), Family Code, is amended to | ||
read as follows: | ||
(i) If a transfer order has been signed by a court | ||
exercising jurisdiction under Chapter 262, the Department of Family | ||
and Protective Services shall [ |
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with the clerk of the court of continuing, exclusive jurisdiction. | ||
On receipt and without a hearing or further order from the court of | ||
continuing, exclusive jurisdiction, the clerk of the court of | ||
continuing, exclusive jurisdiction shall transfer the files as | ||
provided by this subchapter. | ||
SECTION 3. Section 161.206, Family Code, is amended by | ||
adding Subsection (a-1) to read as follows: | ||
(a-1) In a suit filed by the Department of Family and | ||
Protective Services seeking termination of the parent-child | ||
relationship for both parents of the child, the court may order | ||
termination of the parent-child relationship for a parent only if | ||
the court finds by clear and convincing evidence grounds for the | ||
termination of the parent-child relationship for that parent. An | ||
order rendered under this subsection must state the grounds for | ||
terminating the parent-child relationship for that parent. | ||
SECTION 4. Section 262.201, Family Code, is amended by | ||
amending Subsection (a) and adding Subsection (a-5) to read as | ||
follows: | ||
(a) Unless 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, a full adversary hearing shall be | ||
held not later than the 14th day after the date the child was taken | ||
into possession by the governmental entity, unless the court grants | ||
an extension under Subsection (a-3) or (a-5). | ||
(a-5) 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 | ||
(a-3). | ||
SECTION 5. Section 262.203(a), Family Code, is amended to | ||
read as follows: | ||
(a) On the motion of a party or the court's own motion, if | ||
applicable, the court that rendered the temporary order shall in | ||
accordance with procedures provided by Chapter 155: | ||
(1) transfer the suit to the court of continuing, | ||
exclusive jurisdiction, if any, if the court finds that the | ||
transfer is: | ||
(A) necessary for the convenience of the parties; | ||
and | ||
(B) in the best interest of the child; | ||
(2) [ |
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continuing, exclusive jurisdiction; or | ||
(3) if grounds exist for transfer based on improper | ||
venue, order transfer of the suit to the court having venue of the | ||
suit under Chapter 103. | ||
SECTION 6. Subchapter C, Chapter 262, Family Code, is | ||
amended by adding Section 262.206 to read as follows: | ||
Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless | ||
otherwise authorized by this chapter or other law, a hearing held by | ||
a court in a suit under this chapter may not be ex parte. | ||
SECTION 7. Section 263.401, Family Code, is amended to read | ||
as follows: | ||
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; | ||
EXTENSION. (a) Unless the court has commenced the trial on the | ||
merits or granted an extension under Subsection (b) or (b-1), on the | ||
first Monday after the first anniversary of the date the court | ||
rendered a temporary order appointing the department as temporary | ||
managing conservator, the court's jurisdiction over [ |
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the department that requests termination of the parent-child | ||
relationship or requests that the department be named conservator | ||
of the child is terminated and the suit is automatically dismissed | ||
without a court order. | ||
(b) Unless the court has commenced the trial on the merits, | ||
the court may not retain the suit on the court's docket after the | ||
time described by Subsection (a) unless the court finds that | ||
extraordinary circumstances necessitate the child remaining in the | ||
temporary managing conservatorship of the department and that | ||
continuing the appointment of the department as temporary managing | ||
conservator is in the best interest of the child. If the court | ||
makes those findings, the court may retain the suit on the court's | ||
docket for a period not to exceed 180 days after the time described | ||
by Subsection (a). If the court retains the suit on the court's | ||
docket, the court shall render an order in which the court: | ||
(1) schedules the new date on which the suit will be | ||
automatically dismissed if the trial on the merits has not | ||
commenced, which date must be not later than the 180th day after the | ||
time described by Subsection (a); | ||
(2) makes further temporary orders for the safety and | ||
welfare of the child as necessary to avoid further delay in | ||
resolving the suit; and | ||
(3) sets the trial on the merits on a date not later | ||
than the date specified under Subdivision (1). | ||
(b-1) If, after commencement of the initial trial on the | ||
merits within the time required by Subsection (a) or (b), the court | ||
grants a motion for a new trial or mistrial, or the case is remanded | ||
to the court by an appellate court following an appeal of the | ||
court's final order, the court shall retain the suit on the court's | ||
docket and render an order in which the court: | ||
(1) schedules a new date on which the suit will be | ||
automatically dismissed if the new trial has not commenced, which | ||
must be a date not later than the 180th day after the date on which: | ||
(A) the motion for a new trial or mistrial is | ||
granted; or | ||
(B) the appellate court remanded the case; | ||
(2) makes further temporary orders for the safety and | ||
welfare of the child as necessary to avoid further delay in | ||
resolving the suit; and | ||
(3) sets the new trial on the merits for a date not | ||
later than the date specified under Subdivision (1). | ||
(c) If the court grants an extension under Subsection (b) or | ||
(b-1) but does not commence the trial on the merits before the | ||
dismissal date, the court's jurisdiction over [ |
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the suit is terminated and the suit is automatically dismissed | ||
without a court order. The court may not grant an additional | ||
extension that extends the suit beyond the required date for | ||
dismissal under Subsection (b) or (b-1), as applicable. | ||
(d) On dismissal of the suit, the clerk shall notify each | ||
party of the dismissal. | ||
SECTION 8. Section 263.402(b), Family Code, is repealed. | ||
SECTION 9. The changes in law made by this Act apply only to | ||
a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit affecting the parent-child | ||
relationship filed before the effective date of this Act 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 10. This Act takes effect September 1, 2017. | ||
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