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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of foster parents to intervene in certain |
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suits affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.004, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) An original suit requesting possessory conservatorship |
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may not be filed by a grandparent or other person. However, the |
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court may grant a grandparent or other person, subject to the |
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requirements of Subsection (b-1) if applicable, deemed by the court |
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to have had substantial past contact with the child leave to |
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intervene in a pending suit filed by a person authorized to do so |
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under this chapter [subchapter] if there is satisfactory proof to |
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the court that appointment of a parent as a sole managing |
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conservator or both parents as joint managing conservators would |
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significantly impair the child's physical health or emotional |
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development. |
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(b-1) A foster parent may only be granted leave to intervene |
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under Subsection (b) if the foster parent would have standing to |
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file an original suit as provided by Section 102.003(a)(12). |
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SECTION 2. The changes in law made by this Act apply only to |
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an original suit affecting the parent-child relationship filed on |
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or after the effective date of this Act. An original suit affecting |
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the parent-child relationship filed before the effective date of |
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this Act is subject to the law in effect at the time the suit was |
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filed, and the former law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |