Bill Text: TX SB2091 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2019-05-15 - Committee report printed and distributed [SB2091 Detail]

Download: Texas-2019-SB2091-Comm_Sub.html

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By: Hughes S.B. No. 2091
(In the Senate - Filed March 7, 2019; March 21, 2019, read
first time and referred to Committee on Health & Human Services;
May 15, 2019, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 1; May 15, 2019,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 2091 By: Buckingham

A BILL TO BE ENTITLED
AN ACT
relating to the procedures and grounds for terminating the
parent-child relationship, for taking possession of a child, and
for certain hearings in a suit affecting the parent-child
relationship involving the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.001(c), Family Code, is amended to
read as follows:
(c) Evidence that the parent engaged in one or more of the
following activities does not constitute clear and convincing
evidence sufficient for a court to [A court may not] make a finding
under Subsection (b) and order termination of the parent-child
relationship [based on evidence that the parent]:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code; [or]
(5) declined immunization for the child for reasons of
conscience, including a religious belief; or
(6) after taking reasonable precautionary measures,
allowed a child, who is of sufficient maturity, physical condition,
and mental ability to avoid substantial risk of physical harm, to
engage in independent activities, including:
(A) traveling to and from the child's home and
school, including by walking, running, or bicycling;
(B) traveling to and from the child's home and a
commercial or recreational facility near to the child's home;
(C) engaging in outdoor play;
(D) remaining at the child's home unattended; or
(E) engaging in other activities that are
generally accepted as suitable for a child's age or level of
maturity or that are developmentally appropriate for a child based
on the development of cognitive, emotional, physical, and
behavioral capacities typical for the age or age group.
SECTION 2. Section 161.101, Family Code, is amended to read
as follows:
Sec. 161.101. PETITION ALLEGATIONS. (a) A petition for
the termination of the parent-child relationship is sufficient
without the necessity of specifying the underlying facts if the
petition alleges in the statutory language the ground for the
termination and that termination is in the best interest of the
child.
(b) A petition or motion filed by the Department of Family
and Protective Services is subject to Chapter 10, Civil Practice
and Remedies Code, and Rule 13, Texas Rules of Civil Procedure.
SECTION 3. Section 261.001(4), Family Code, is amended to
read as follows:
(4) "Neglect":
(A) includes:
(i) the leaving of a child in a situation
where the child would be exposed to a substantial risk of physical
or mental harm, without arranging for necessary care for the child,
and the demonstration of an intent not to return by a parent,
guardian, or managing or possessory conservator of the child;
(ii) the following acts or omissions by a
person:
(a) placing a child in or failing to
remove a child from a situation that a reasonable person would
realize requires judgment or actions beyond the child's level of
maturity, physical condition, or mental abilities and that results
in bodily injury or a substantial risk of immediate harm to the
child;
(b) failing to seek, obtain, or follow
through with medical care for a child, with the failure resulting in
or presenting a substantial risk of death, disfigurement, or bodily
injury or with the failure resulting in an observable and material
impairment to the growth, development, or functioning of the child;
(c) the failure to provide a child
with food, clothing, or shelter necessary to sustain the life or
health of the child, excluding failure caused primarily by
financial inability unless relief services had been offered and
refused;
(d) placing a child in or failing to
remove the child from a situation in which the child would be
exposed to a substantial risk of sexual conduct harmful to the
child; or
(e) placing a child in or failing to
remove the child from a situation in which the child would be
exposed to acts or omissions that constitute abuse under
Subdivision (1)(E), (F), (G), (H), or (K) committed against another
child;
(iii) the failure by the person responsible
for a child's care, custody, or welfare to permit the child to
return to the child's home without arranging for the necessary care
for the child after the child has been absent from the home for any
reason, including having been in residential placement or having
run away; or
(iv) a negligent act or omission by an
employee, volunteer, or other individual working under the auspices
of a facility or program, including failure to comply with an
individual treatment plan, plan of care, or individualized service
plan, that causes or may cause substantial emotional harm or
physical injury to, or the death of, a child served by the facility
or program as further described by rule or policy; and
(B) does not include:
(i) the refusal by a person responsible for
a child's care, custody, or welfare to permit the child to remain in
or return to the child's home resulting in the placement of the
child in the conservatorship of the department if:
(a) [(i)] the child has a severe
emotional disturbance;
(b) [(ii)] the person's refusal is
based solely on the person's inability to obtain mental health
services necessary to protect the safety and well-being of the
child; and
(c) [(iii)] the person has exhausted
all reasonable means available to the person to obtain the mental
health services described by Sub-subparagraph (b); or
(ii) the decision by a person responsible
for a child's care, custody, or welfare, after taking reasonable
precautionary measures, to permit the child, if the child is of
sufficient maturity, physical condition, and mental ability to
avoid substantial risk of physical harm, to engage in independent
activities, including:
(a) traveling to and from the child's
home and school, including by walking, running, or bicycling;
(b) traveling to and from the child's
home and a commercial or recreational facility near to the child's
home;
(c) engaging in outdoor play;
(d) remaining at the child's home
unattended; or
(e) engaging in other activities that
are generally accepted as suitable for a child's age or level of
maturity or that are developmentally appropriate for a child based
on the development of cognitive, emotional, physical, and
behavioral capacities typical for the age or age group
[Subparagraph (ii)].
SECTION 4. Section 262.001, Family Code, is amended by
adding Subsections (c) and (d) to read as follows:
(c) In determining whether the actions taken by a
governmental entity to prevent or eliminate the need to remove a
child from the child's home constitute the reasonable efforts
required by this chapter, the court shall consider whether:
(1) the actions are consistent with the circumstances;
(2) the actions provide for the safety of the child;
and
(3) the governmental entity weighed the danger to the
physical health or safety of the child against the emotional
distress that may result from disrupting the parent-child
relationship by removing the child from the child's home or parent.
(d) In making a determination under Subsection (c), the
court may not:
(1) consider expert testimony; or
(2) authorize a psychological evaluation of the child
or an assessment of the child's mental health.
SECTION 5. Section 262.101, Family Code, is amended to read
as follows:
Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
CHILD. 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.
SECTION 6. Section 262.102(a), Family Code, is amended to
read as follows:
(a) Before a court may, without prior notice and a hearing,
issue a temporary order for the conservatorship of a child under
Section 105.001(a)(1) or a temporary restraining order or
attachment of a child authorizing a governmental entity to take
possession of a child in a suit brought by a governmental entity,
the court must find 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 and the nature of the emergency, 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 removal of the child.
SECTION 7. Section 262.105(b), Family Code, is amended to
read as follows:
(b) An original suit filed by a governmental entity after
taking possession of a child under Section 262.104 must be
supported by an affidavit stating facts sufficient to satisfy a
person of ordinary prudence and caution that:
(1) based on the affiant's personal knowledge or on
information furnished by another person corroborated by the
affiant's personal knowledge, one of the following circumstances
existed at the time the child was taken into possession:
(A) there was an immediate danger to the physical
health or safety of the child;
(B) the child was the victim of sexual abuse or of
trafficking under Section 20A.02 or 20A.03, Penal Code;
(C) the parent or person who had possession of
the child was using a controlled substance as defined by Chapter
481, Health and Safety Code, and the use constituted an immediate
danger to the physical health or safety of the child; or
(D) the parent or person who had possession of
the child permitted the child to remain on premises used for the
manufacture of methamphetamine; and
(2) based on the affiant's personal knowledge:
(A) continuation of the child in the home would
have been contrary to the child's welfare;
(B) there was no time, consistent with the
physical health or safety of the child, for a full adversary hearing
under Subchapter C; and
(C) 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.
SECTION 8. 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 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 9. Section 262.113, Family Code, is amended to read
as follows:
Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
CHILD. An original suit filed by a governmental entity that
requests to take possession of a child after 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 a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the person entitled to possession of the child and that allowing the
child to remain in the home would be contrary to the child's
welfare; and
(2) reasonable efforts[, consistent with the
circumstances and providing for the safety of the child,] have been
made to prevent or eliminate the need to remove the child from the
child's home.
SECTION 10. Section 262.116(a), Family Code, is amended to
read as follows:
(a) The Department of Family and Protective Services may not
take possession of a child under this subchapter based on evidence
that the parent:
(1) homeschooled the child;
(2) is economically disadvantaged;
(3) has been charged with a nonviolent misdemeanor
offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) provided or administered low-THC cannabis to a
child for whom the low-THC cannabis was prescribed under Chapter
169, Occupations Code; [or]
(5) declined immunization for the child for reasons of
conscience, including a religious belief; or
(6) after taking reasonable precautionary measures,
allowed a child, who is of sufficient maturity, physical condition,
and mental ability to avoid substantial risk of physical harm, to
engage in independent activities, including:
(A) traveling to and from the child's home and
school, including by walking, running, or bicycling;
(B) traveling to and from the child's home and a
commercial or recreational facility near to the child's home;
(C) engaging in outdoor play;
(D) remaining at the child's home unattended; or
(E) engaging in other activities that are
generally accepted as suitable for a child's age or level of
maturity or that are developmentally appropriate for a child based
on the development of cognitive, emotional, physical, and
behavioral capacities typical for the age or age group.
SECTION 11. Section 262.201, Family Code, is amended by
amending Subsections (e-1), (g), (h), (j), and (n) and adding
Subsections (g-1), (j-1), and (q) to read as follows:
(e-1) 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 (e)
and Section 155.207.
(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 unless the court finds
[sufficient evidence to satisfy a person of ordinary prudence and
caution] that:
(1) there was a danger to the physical health or safety
of the child, 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, including efforts weighing the danger to the
physical health or safety of the child if returned against the
emotional distress that may result from disrupting the parent-child
relationship by the continued removal of the child from the child's
home or parent, 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 order
possession of the child by that person unless the court finds,
specific to each person entitled to possession, that:
(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) In a suit filed under Section 262.101 or 262.105, if the
court finds sufficient evidence to make the applicable finding
under Subsection (g) or (g-1) [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 issue an appropriate temporary order under Chapter 105.
(j) In a suit filed under Section 262.113, at the conclusion
of the full adversary hearing, the court shall issue an appropriate
temporary order under Chapter 105 if the court finds, with respect
to the parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian entitled to possession from whom
the Department of Family and Protective Services is seeking
removal, [sufficient evidence to satisfy a person of ordinary
prudence and caution] that:
(1) there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the person entitled to possession of the child and continuation of
the child in the person's home would be contrary to the child's
welfare; and
(2) 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.
(j-1) In a suit filed under Section 262.113, if the court
orders the removal of the child under Subsection (j) and finds that
another parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian entitled to possession did not
cause the continuing 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 order possession of the child by that
person unless the court finds, specific to each person entitled to
possession, that:
(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.
(n) If the [The] court does not order possession of [shall
place] a child by a [removed from the child's custodial parent with
the child's noncustodial] parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian entitled to
possession under Subsection (g), (g-1), (j), or (j-1), the court
shall place the child [or] with a relative of the child [if
placement with the noncustodial parent is inappropriate,] unless
the court finds that the placement with [the noncustodial parent
or] a relative is not in the best interest of the child.
(q) On receipt of a written request for possession of the
child from a parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian entitled to possession of the
child who was not located before the adversary hearing, the
Department of Family and Protective Services shall notify the court
and request a hearing to determine whether the parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian is entitled to possession of the child under Subsection
(g-1) or (j-1).
SECTION 12. Section 263.002, Family Code, is amended by
amending Subsection (c) and adding Subsection (d) 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 unless the court finds, with respect to each parent,
that:
(1) there is a continuing danger to the physical
health or safety of the child; and
(2) returning the child to the child's parent or
parents [The court shall make a finding on whether returning the
child to the child's home is safe and appropriate, whether the
return is in the best interest of the child, and whether it] is
contrary to the welfare of the child [for the child to return home].
(d) This section does not prohibit the court from rendering
an order under Section 263.403.
SECTION 13. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4011 to read as follows:
Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On
timely commencement of the trial on the merits required by Section
263.401, the court shall render a final order not later than the
90th day after the date the trial commences.
(b) The 90-day period for rendering a final order under
Subsection (a) is not tolled for any recess during the trial.
(c) If the court finds that extraordinary circumstances
necessitate extending the 90-day period under Subsection (a), the
court may grant one extension of that date for not longer than 30
days. The court shall render a written order:
(1) specifying the grounds on which the extension is
granted; and
(2) requiring a final order to be rendered not later
than the 30th day after the date the extension is granted.
(d) A party may file a mandamus proceeding if the court
fails to render a final order within the time required by this
section.
SECTION 14. Section 263.403(a-1), Family Code, is amended
to read as follows:
(a-1) Unless the court has granted an extension under
Section 263.401(b), the department or the parent may request the
court to retain jurisdiction for an additional six months as
necessary for a parent to complete the remaining requirements under
[in] a service plan [and specified] in a transition monitored
return under Subsection (a)(2)(B) [the temporary order that are
mandatory for the child's return].
SECTION 15. Section 263.404(a), Family Code, is amended to
read as follows:
(a) The court may render a final order appointing the
department as managing conservator of the child without terminating
the rights of the parent of the child if the court finds that:
(1) appointment of a parent as managing conservator
would not be in the best interest of the child because the
appointment would significantly impair the child's physical health
or emotional development; [and]
(2) it would not be in the best interest of the child
to appoint a relative of the child or another person as managing
conservator; and
(3) if the child has previously been in the
conservatorship of the department, there is sufficient evidence to
demonstrate that termination of parental rights to the child is not
possible or not in the child's best interest.
SECTION 16. Section 263.405, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) A party, regardless of whether the party is represented
by counsel, must sign the notice of appeal of a final order rendered
under this subchapter and provide on the notice the party's mailing
address, telephone number, e-mail address, and any fax number.
SECTION 17. Section 264.203, Family Code, is amended to
read as follows:
Sec. 264.203. REQUIRED PARTICIPATION. (a) The department
may file a suit requesting [Except as provided by Subsection (d),]
the court to render a temporary [on request of the department may]
order requiring the parent, managing conservator, guardian, or
other member of the [subject] child's household to:
(1) participate in the services for which the
department makes a referral or services the department provides or
purchases for:
(A) alleviating the effects of the abuse or
neglect that has occurred; or
(B) reducing a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the parent, managing conservator, guardian, or other member of the
child's household [the reasonable likelihood that the child may be
abused or neglected in the immediate or foreseeable future]; and
(2) permit the child and any siblings of the child to
receive the services.
(b) A suit requesting an order under this section may be
filed in a court with jurisdiction to hear the suit in the county in
which the child is located [The department may request the court to
order the parent, managing conservator, guardian, or other member
of the child's household to participate in the services whether the
child resides in the home or has been removed from the home].
(c) Except as otherwise provided by this subchapter, the
suit is governed by the Texas Rules of Civil Procedure applicable to
the filing of an original lawsuit [If the person ordered to
participate in the services fails to follow the court's order, the
court may impose appropriate sanctions in order to protect the
health and safety of the child, including the removal of the child
as specified by Chapter 262].
(d) The petition shall be supported by a sworn affidavit by
a person based on personal knowledge and stating facts sufficient
to support a finding that:
(1) the child has been a victim of abuse or neglect or
is at substantial risk of abuse or neglect; and
(2) there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the parent, managing conservator, guardian, or other member of the
child's household unless that person participates in services
requested by the department [If the court does not order the person
to participate, the court in writing shall specify the reasons for
not ordering participation].
(e) In a suit filed under this section, the court may render
a temporary restraining order as provided by Section 105.001.
(f) The court shall hold a hearing on the petition not later
than the 14th day after the date the petition is filed unless the
court finds good cause for extending that date for not more than 14
days.
(g) The court shall appoint an attorney ad litem to
represent the interests of the child immediately after the filing
but before the hearing to ensure adequate representation of the
child. The attorney ad litem for the child shall have the powers
and duties of an attorney ad litem for a child under Chapter 107.
(h) The court shall appoint an attorney ad litem to
represent the interests of a parent for whom participation in
services is being requested immediately after the filing but before
the hearing to ensure adequate representation of the parent. The
attorney ad litem for the parent shall have the powers and duties of
an attorney ad litem for a parent under Section 107.0131.
(i) Before commencement of the hearing, the court shall
inform each parent of:
(1) the parent's right to be represented by an
attorney; and
(2) for a parent who is indigent and appears in
opposition to the motion, the parent's right to a court-appointed
attorney.
(j) If a parent claims indigence, the court shall require
the parent to complete and file with the court an affidavit of
indigence. The court may consider additional evidence to determine
whether the parent is indigent, including evidence relating to the
parent's income, source of income, assets, property ownership,
benefits paid in accordance with a federal, state, or local public
assistance program, outstanding obligations, and necessary
expenses and the number and ages of the parent's dependents. If the
court determines the parent is indigent, the attorney ad litem
appointed to represent the interests of the parent may continue the
representation. If the court determines the parent is not
indigent, the court shall discharge the attorney ad litem from the
appointment after the hearing and shall order the parent to pay the
cost of the attorney ad litem's representation.
(k) The court may, for good cause shown, postpone any
subsequent proceedings for not more than seven days after the date
of the attorney ad litem's discharge to allow the parent to hire an
attorney or to provide the parent's attorney time to prepare for the
subsequent proceeding.
(l) An order may not be rendered under this section except
after notice and hearing.
(m) At the conclusion of the hearing, the court shall deny
the petition unless the court finds by a preponderance of evidence
that:
(1) abuse or neglect has occurred or there is a
continuing danger to the physical health or safety of the child
caused by an act or failure to act of the person entitled to
possession; and
(2) services to the family are necessary to ensure the
safety of the child.
(n) If the court finds sufficient evidence under Subsection
(m), the court shall:
(1) state its findings in the order;
(2) make appropriate temporary orders under Chapter
105 necessary to ensure the safety of the child; and
(3) order the participation in specific services
narrowly tailored to address the findings made by the court under
Subsection (m).
(o) Not later than the 90th day after the date the court
renders an order under this section, the court shall hold a status
hearing to review the status of each party and the child and the
services provided, purchased, or referred for the family. The
court shall set subsequent review hearings every 90 days to review
the continued need for the order.
(p) An order rendered under this section expires on the
180th day after the date the order is signed unless it is renewed as
provided by Subsection (q).
(q) The court may renew an order rendered under this section
on a showing by the department of a continuing need for the order,
after notice and hearing. The order may be renewed only one time
for not longer than 180 days.
(r) At any time, a party affected by the order may request
the court to terminate the order. The court shall terminate the
order on a finding that there is no longer a need for the order.
SECTION 18. Section 262.201(a-5), Family Code, is repealed.
SECTION 19. The changes in law made by this Act apply only
to a suit filed by the Department of Family and Protective Services
on or after the effective date of this Act. A suit filed by the
department before that date 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 20. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 21. This Act takes effect October 1, 2019.
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