Bill Text: TX SB588 | 2025-2026 | 89th Legislature | Introduced

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Bill Title: Relating to the appointment of the Department of Family and Protective Services and a child's parent or legal guardian as joint managing conservators for the child.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2025-02-03 - Referred to Health & Human Services [SB588 Detail]

Download: Texas-2025-SB588-Introduced.html

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89R1352 MLH-F
By: West S.B. No. 588

A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the Department of Family and
Protective Services and a child's parent or legal guardian as joint
managing conservators for the child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.352, Family Code, is amended to read
as follows:
Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a)
In this section, "hotel" has the meaning assigned by Section
792.001, Health and Safety Code.
(b) Before the department files a suit affecting the
parent-child relationship requesting managing conservatorship of a
child who suffers from a severe emotional disturbance in order to
obtain mental health services for the child, the department must,
unless it is not in the best interest of the child, discuss with the
child's parent or legal guardian the option of seeking a court order
for joint managing conservatorship of the child with the
department.
(c) A court shall enter an order appointing the department
and the child's parent or legal guardian as joint managing
conservators of the child if the court finds sufficient evidence to
satisfy a person of ordinary prudence and caution that the child's
parent or legal guardian has:
(1) exhausted all reasonable means available to the
parent or legal guardian to obtain mental health services to meet
the child's needs; and
(2) agreed to actively participate in the child's
service plan in preparation for the child's return to the parent or
legal guardian.
(d) A child in the joint managing conservatorship of the
department and the child's parent or legal guardian may not receive
temporary emergency care under Section 264.107(g) in a hotel or
other unlicensed setting.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2025.