H.B. No. 1087

	AN ACT
	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.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 161.001, Family Code, is amended by
	adding Subsections (f) and (g) to read as follows:
	(f)  In a suit for termination of the parent-child
	relationship filed by the Department of Family and Protective
	Services, the court may not order termination of the parent-child
	relationship under Subsection (b)(1) unless the court finds by
	clear and convincing evidence and describes in writing with
	specificity in a separate section of the order that:
	(1)  the department made reasonable efforts to return
	the child to the parent before commencement of a trial on the merits
	and despite those reasonable efforts, a continuing danger remains
	in the home that prevents the return of the child to the parent; or
	(2)  reasonable efforts to return the child to the
	parent, including the requirement for the department to provide a
	family service plan to the parent, have been waived under Section
	262.2015.
	(g)  In a suit for termination of the parent-child
	relationship filed by the Department of Family and Protective
	Services in which the department made reasonable efforts to return
	the child to the child's home but a continuing danger in the home
	prevented the child's return, the court shall include in a separate
	section of its order written findings describing with specificity
	the reasonable efforts the department made to return the child to
	the child's home.
	SECTION 2.  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
	with specificity in a separate section all 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 3.  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 with specificity in a separate section 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 as required by Subsection (a)(4).
	SECTION 4.  Section 262.105, Family Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  The affidavit required by Subsection (b) must describe
	with specificity in a separate section all 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 262.107, 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 and in a separate section 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 6.  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 and in a separate section:
	(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 7.  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 8.  This Act takes effect September 1, 2023.
	______________________________	______________________________
	President of the Senate	Speaker of the House
	I certify that H.B. No. 1087 was passed by the House on May 6,
	2023, by the following vote:  Yeas 127, Nays 7, 2 present, not
	voting; and that the House concurred in Senate amendments to H.B.
	No. 1087 on May 25, 2023, by the following vote:  Yeas 140, Nays 0,
	2 present, not voting.
	______________________________
	Chief Clerk of the House
	I certify that H.B. No. 1087 was passed by the Senate, with
	amendments, on May 22, 2023, by the following vote:  Yeas 31, Nays
	0.
	______________________________
	Secretary of the Senate
	APPROVED: __________________
	Date
	__________________
	Governor