Bill Text: TX HB1087 | 2023-2024 | 88th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the requirements for certain petitions and orders in suits affecting the parent-child relationship filed by the Department of Family and Protective Services and the contents of a petition in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1087 Detail]
Download: Texas-2023-HB1087-Introduced.html
Bill Title: Relating to the requirements for certain petitions and orders in suits affecting the parent-child relationship filed by the Department of Family and Protective Services and the contents of a petition in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB1087 Detail]
Download: Texas-2023-HB1087-Introduced.html
88R2245 BDP-D | ||
By: Hull | H.B. No. 1087 |
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relating to the contents of a petition in certain suits affecting | ||
the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 262.101, Family Code, is amended to read | ||
as follows: | ||
Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF | ||
CHILD. (a) 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. | ||
(b) The affidavit required by Subsection (a) must describe | ||
all reasonable efforts that were made to prevent or eliminate the | ||
need for the removal of the child. | ||
SECTION 2. Section 262.102, Family Code, is amended by | ||
adding Subsection (e) to read as follows: | ||
(e) The temporary order, temporary restraining order, or | ||
attachment of a child rendered by the court under Subsection (a) | ||
must describe the reasonable efforts that were made to prevent or | ||
eliminate the need for the removal of the child as required by | ||
Subsection (a)(4). | ||
SECTION 3. Section 262.105, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) The affidavit required by Subsection (b) must describe | ||
all reasonable efforts that were made to prevent or eliminate the | ||
need for the removal of the child. | ||
SECTION 4. Section 262.107, Family Code, is amended by | ||
adding Subsection (c) to read as follows: | ||
(c) If the court does not order the return of the child at an | ||
initial hearing under Subsection (a), the court must describe in | ||
writing the reasonable efforts, consistent with the circumstances | ||
and providing for the safety of the child, that were made to prevent | ||
or eliminate the need for the removal of the child. | ||
SECTION 5. Section 262.201, Family Code, is amended by | ||
adding Subsection (g-2) to read as follows: | ||
(g-2) If, at the conclusion of a full adversary hearing, the | ||
court renders an order under Subsection (g) or (g-1), the court must | ||
describe in writing: | ||
(1) the reasonable efforts that were made to enable | ||
the child to return home and the substantial risk of a continuing | ||
danger if the child is returned home, as required by Subsection | ||
(g)(3); or | ||
(2) the reasonable efforts that were made to enable a | ||
person's possession of the child and the continuing danger to the | ||
physical health or safety of the child as required by Subsection | ||
(g-1)(2). | ||
SECTION 6. The changes in law made by this Act apply to a | ||
suit affecting the parent-child relationship filed on or after the | ||
effective date of this Act. A suit filed before the effective date | ||
of this Act is governed by the law in effect on the date the suit is | ||
filed, and the former law is continued in effect for that purpose. | ||
SECTION 7. This Act takes effect September 1, 2023. |