Bill Text: TX HB289 | 2017-2018 | 85th Legislature | Introduced


Bill Title: Relating to protective orders for certain children who are victims of abuse or neglect.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2017-02-20 - Referred to Human Services [HB289 Detail]

Download: Texas-2017-HB289-Introduced.html
  85R2540 JSC-D
 
  By: Phelan H.B. No. 289
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to protective orders for certain children who are victims
  of abuse or neglect.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 261, Family Code, is amended by adding
  Subchapter F to read as follows:
  SUBCHAPTER F. PROTECTIVE ORDER IN CERTAIN CASES OF ABUSE OR NEGLECT
         Sec. 261.501.  FILING APPLICATION FOR PROTECTIVE ORDER IN
  CERTAIN CASES OF ABUSE OR NEGLECT. The department may file an
  application for a protective order for a child's protection under
  this subchapter on the department's own initiative or jointly with
  a parent, relative, or caregiver of the child who requests the
  filing of the application if the department:
               (1)  determines that:
                     (A)  the child is a victim of abuse or neglect; and
                     (B)  there is an immediate or continuing danger of
  abuse or neglect to the child; and
               (2)  is not otherwise authorized to apply for a
  protective order for the child's protection under Chapter 82.
         Sec. 261.502.  CERTIFICATION OF FINDINGS. (a) In making the
  application under this subchapter, the department must certify
  that:
               (1)  the department has diligently searched for and:
                     (A)  was unable to locate the child's parent,
  legal guardian, or custodian, other than the respondent to the
  application; or
                     (B)  located and provided notice of the proposed
  application to the child's parent, legal guardian, or custodian,
  other than the respondent to the application; and
               (2)  if applicable, the relative or caregiver who is
  jointly filing the petition, or with whom the child would reside
  following an entry of the protective order, has not abused or
  neglected the child and does not have a history of abuse or neglect.
         (b)  An application for a temporary ex parte order under
  Section 261.503 may be filed without making the findings required
  by Subsection (a) if the department certifies that the department
  believes that there is an immediate danger of abuse or neglect to
  the child.
         Sec. 261.503.  TEMPORARY EX PARTE ORDER. If the court finds
  from the information contained in an application for a protective
  order that there is an immediate danger of abuse or neglect to the
  child, the court, without further notice to the respondent and
  without a hearing, may enter a temporary ex parte order for the
  protection of the child.
         Sec. 261.504.  REQUIRED FINDINGS; ISSUANCE OF PROTECTIVE
  ORDER. (a) At the close of a hearing on an application for a
  protective order under this subchapter, the court shall find
  whether there are reasonable grounds to believe that the child is
  the victim of abuse or neglect and that there is an immediate or
  continuing danger of abuse or neglect to the child.
         (b)  If the court makes an affirmative finding under
  Subsection (a), the court shall issue a protective order that
  includes a statement of that finding.
         Sec. 261.505.  APPLICATION OF OTHER LAW. To the extent
  applicable, except as otherwise provided by this subchapter, Title
  4 applies to a protective order issued under this subchapter.
         SECTION 2.  The heading to Section 25.07, Penal Code, is
  amended to read as follows:
         Sec. 25.07.  VIOLATION OF CERTAIN COURT ORDERS OR CONDITIONS
  OF BOND IN A FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT, SEXUAL ASSAULT
  OR ABUSE, STALKING, OR TRAFFICKING CASE.
         SECTION 3.  Section 25.07(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if, in violation of a
  condition of bond set in a family violence, sexual assault or abuse,
  stalking, or trafficking case and related to the safety of a victim
  or the safety of the community, an order issued under Chapter 7A,
  Code of Criminal Procedure, an order issued under Article 17.292,
  Code of Criminal Procedure, an order issued under Section 6.504,
  Family Code, Chapter 83, Family Code, if the temporary ex parte
  order has been served on the person, [or] Chapter 85, Family Code,
  or Subchapter F, Chapter 261, Family Code, or an order issued by
  another jurisdiction as provided by Chapter 88, Family Code, the
  person knowingly or intentionally:
               (1)  commits family violence or an act in furtherance
  of an offense under Section 20A.02, 22.011, 22.021, or 42.072;
               (2)  communicates:
                     (A)  directly with a protected individual or a
  member of the family or household in a threatening or harassing
  manner;
                     (B)  a threat through any person to a protected
  individual or a member of the family or household; or
                     (C)  in any manner with the protected individual
  or a member of the family or household except through the person's
  attorney or a person appointed by the court, if the violation is of
  an order described by this subsection and the order prohibits any
  communication with a protected individual or a member of the family
  or household;
               (3)  goes to or near any of the following places as
  specifically described in the order or condition of bond:
                     (A)  the residence or place of employment or
  business of a protected individual or a member of the family or
  household; or
                     (B)  any child care facility, residence, or school
  where a child protected by the order or condition of bond normally
  resides or attends;
               (4)  possesses a firearm;
               (5)  harms, threatens, or interferes with the care,
  custody, or control of a pet, companion animal, or assistance
  animal that is possessed by a person protected by the order or
  condition of bond; or
               (6)  removes, attempts to remove, or otherwise tampers
  with the normal functioning of a global positioning monitoring
  system.
         SECTION 4.  The heading to Section 25.072, Penal Code, is
  amended to read as follows:
         Sec. 25.072.  REPEATED VIOLATION OF CERTAIN COURT ORDERS OR
  CONDITIONS OF BOND IN FAMILY VIOLENCE, CHILD ABUSE OR NEGLECT,
  SEXUAL ASSAULT OR ABUSE, STALKING, OR TRAFFICKING CASE.
         SECTION 5.  This Act takes effect September 1, 2017.
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