85R13093 MCK-F
	By: Burrows	H.B. No. 3297

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain suits affecting the parent-child relationship.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 105.002, Family Code, is amended by
	adding Subsection (d) to read as follows:
	(d)  In a suit affecting the parent-child relationship in
	which the Department of Family and Protective Services seeks
	termination of the parent-child relationship, the court may not
	issue broad-form questions to the jury on the issue of whether to
	terminate the parent-child relationship. The court shall instruct
	the jury to find from the evidence whether the grounds for
	termination of the parent-child relationship alleged in the
	petition are true. If the petition alleges more than one ground for
	termination, the jury shall indicate in the verdict which grounds
	are sustained by the evidence and which are not sustained. To the
	extent that this subsection conflicts with the Texas Rules of Civil
	Procedure, this subsection controls. Notwithstanding Section
	22.004, Government Code, the supreme court may not amend or adopt
	rules in conflict with this subsection.
	SECTION 2.  Section 154.001, Family Code, is amended by
	amending Subsection (b) and adding Subsection (b-1) to read as
	follows:
	(b)  In a suit filed by the Department of Family and
	Protective Services to be named managing conservator of a child,
	the court may not order a parent of the child to make periodic
	payments for the support of the child while the suit is pending,
	except as provided by this section. [The court may order either or
	both parents to make periodic payments for the support of a child in
	a proceeding in which the Department of Protective and Regulatory
	Services is named temporary managing conservator.]
	(b-1)  In a proceeding in which a court renders a final order
	appointing the Department of Family and Protective [and Regulatory]
	Services as [is named permanent] managing conservator of a child
	whose parents' rights have not been terminated, the court shall
	order each parent that is financially able to make periodic
	payments for the support of the child.
	SECTION 3.  Section 161.001, Family Code, is amended by
	adding Subsection (c) to read as follows:
	(c)  A court may not make a finding under Subsection (b) and
	order termination of the parent-child relationship based solely on
	evidence that the parent:
	(1)  homeschooled the child;
	(2)  declined immunization for the child for reasons of
	conscience, including a religious belief;
	(3)  engaged in reasonable discipline of the child; or
	(4)  has been charged with a misdemeanor offense other
	than:
	(A)  an offense under Title 5, Penal Code;
	(B)  an offense under Title 6, Penal Code; or
	(C)  an offense that involves family violence, as
	defined by Section 71.004 of this code.
	SECTION 4.  Subchapter B, Chapter 161, Family Code, is
	amended by adding Section 161.1011 to read as follows:
	Sec. 161.1011.  FILING REQUIREMENT FOR PETITION RELATING TO
	MORE THAN ONE CHILD.  (a)  Before filing a petition for the
	termination of the parent-child relationship relating to more than
	one child, the Department of Family and Protective Services must
	determine whether any court has continuing, exclusive jurisdiction
	of a child named in the petition.  If a court is determined to have
	continuing, exclusive jurisdiction of a child named in the
	petition, the department shall file the petition in that court.
	(b)  If more than one court has continuing, exclusive
	jurisdiction of a child named in the petition, the department shall
	file the petition in the court that has most recently exercised
	continuing, exclusive jurisdiction of a child named in the
	petition.
	SECTION 5.  Section 161.206, Family Code, is amended by
	adding Subsection (a-1) to read as follows:
	(a-1)  In a suit filed by the Department of Family and
	Protective Services seeking termination of the parent-child
	relationship for both parents of the child, the court may order
	termination of the parent-child relationship for both parents only
	if the court finds by clear and convincing evidence grounds for the
	termination of the parent-child relationship for each parent. An
	order rendered under this subsection must state the grounds for
	terminating the parent-child relationship for each parent.
	SECTION 6.  Subchapter B, Chapter 262, Family Code, is
	amended by adding Section 262.116 to read as follows:
	Sec. 262.116. LIMITS ON REMOVAL.  (a)  The Department of
	Family and Protective Services may not take possession of a child
	under this subchapter based solely on evidence that the parent:
	(1)  homeschooled the child;
	(2)  declined immunization for the child for reasons of
	conscience, including a religious belief;
	(3)  engaged in reasonable discipline of the child; or
	(4)  has been charged with a misdemeanor offense other
	than:
	(A)  an offense under Title 5, Penal Code;
	(B)  an offense under Title 6, Penal Code; or
	(C)  an offense that involves family violence, as
	defined by Section 71.004 of this code.
	(b)  The department shall train child protective services
	caseworkers regarding the prohibitions on removal provided under
	Subsection (a).
	(c)  The executive commissioner of the Health and Human
	Services Commission may adopt rules to implement this section.
	SECTION 7.  Section 262.101, Family Code, is amended to read
	as follows:
	Sec. 262.101.  FILING PETITION BEFORE TAKING POSSESSION OF
	CHILD. 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
	produce in the mind of a reasonable person a firm belief or
	conviction [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] and that continuation in the home would be
	contrary to the child's welfare;
	(2)  there is no time, consistent with the physical
	health or safety of the child, for a full adversary hearing under
	Subchapter C; and
	(3)  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.
	SECTION 8.  Section 262.102(a), Family Code, is amended to
	read as follows:
	(a)  Before a court may, without prior notice and a hearing,
	issue a temporary order for the conservatorship of a child under
	Section 105.001(a)(1) or a temporary restraining order or
	attachment of a child authorizing a governmental entity to take
	possession of a child in a suit brought by a governmental entity,
	the court must find the evidence is sufficient to produce in the
	mind of a reasonable person a firm belief or conviction 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] and that continuation in the home would be
	contrary to the child's welfare;
	(2)  there is no time, consistent with the physical
	health or safety of the child and the nature of the emergency, for a
	full adversary hearing under Subchapter C; and
	(3)  reasonable efforts, consistent with the
	circumstances and providing for the safety of the child, were made
	to prevent or eliminate the need for removal of the child.
	SECTION 9.  Section 262.104, Family Code, is amended to read
	as follows:
	Sec. 262.104.  TAKING POSSESSION OF A CHILD IN EMERGENCY
	WITHOUT A COURT ORDER. (a) If there is no time to obtain a
	temporary order, temporary restraining order, or attachment under
	Section 262.102(a) before taking possession of a child consistent
	with the health and safety of that child, an authorized
	representative of the Department of Family and Protective Services,
	a law enforcement officer, or a juvenile probation officer may take
	possession of a child without a court order under the following
	conditions, only:
	(1)  on personal knowledge of facts that would produce
	in the mind of a reasonable person a firm belief or conviction [lead
	a person of ordinary prudence and caution to believe] that there is
	an immediate danger to the physical health or safety of the child;
	(2)  on information furnished by another that has been
	corroborated by personal knowledge of facts and all of which taken
	together would produce in the mind of a reasonable person a firm
	belief or conviction [lead a person of ordinary prudence and
	caution to believe] that there is an immediate danger to the
	physical health or safety of the child;
	(3)  on personal knowledge of facts that would produce
	in the mind of a reasonable person a firm belief or conviction [lead
	a person of ordinary prudence and caution to believe] that the child
	has been the victim of sexual abuse or of trafficking under Section
	20A.02 or 20A.03, Penal Code;
	(4)  on information furnished by another that has been
	corroborated by personal knowledge of facts and all of which taken
	together would produce in the mind of a reasonable person a firm
	belief or conviction [lead a person of ordinary prudence and
	caution to believe] that the child has been the victim of sexual
	abuse or of trafficking under Section 20A.02 or 20A.03, Penal Code;
	or
	(5)  on information furnished by another that has been
	corroborated by personal knowledge of facts and all of which taken
	together would produce in the mind of a reasonable person a firm
	belief or conviction [lead a person of ordinary prudence and
	caution to believe] that the parent or person who has possession of
	the child is currently using a controlled substance as defined by
	Chapter 481, Health and Safety Code, and the use constitutes an
	immediate danger to the physical health or safety of the child.
	(b)  An authorized representative of the Department of
	Family and Protective Services, a law enforcement officer, or a
	juvenile probation officer may take possession of a child under
	Subsection (a) on personal knowledge or information furnished by
	another, that has been corroborated by personal knowledge, that
	would produce in the mind of a reasonable person a firm belief or
	conviction [lead a person of ordinary prudence and caution to
	believe] that the parent or person who has possession of the child
	has permitted the child to remain on premises used for the
	manufacture of methamphetamine.
	SECTION 10.  Section 262.107(a), Family Code, is amended to
	read as follows:
	(a)  The court shall order the return of the child at the
	initial hearing regarding a child taken in possession without a
	court order by a governmental entity unless the court determines
	based on clear and convincing evidence [is satisfied] that:
	(1)  there is a continuing danger to the physical
	health or safety of the child if the child is returned to the
	parent, managing conservator, possessory conservator, guardian,
	caretaker, or custodian who is presently entitled to possession of
	the child or the evidence shows that the child has been the victim
	of sexual abuse or of trafficking under Section 20A.02 or 20A.03,
	Penal Code, on one or more occasions and that there is a substantial
	risk that the child will be the victim of sexual abuse or of
	trafficking in the future;
	(2)  continuation of the child in the home would be
	contrary to the child's welfare; and
	(3)  reasonable efforts, consistent with the
	circumstances and providing for the safety of the child, were made
	to prevent or eliminate the need for removal of the child.
	SECTION 11.  Section 262.113, Family Code, is amended to
	read as follows:
	Sec. 262.113.  FILING SUIT WITHOUT TAKING POSSESSION OF
	CHILD. An original suit filed by a governmental entity that
	requests to take possession of a child after notice and a hearing
	must be supported by an affidavit sworn to by a person with personal
	knowledge and stating facts sufficient to produce in the mind of a
	reasonable person a firm belief or conviction [satisfy a person of
	ordinary prudence and caution] that:
	(1)  the child has been a victim of neglect or abuse;
	(2)  reasonable efforts have been made to prevent or
	eliminate the need to remove the child from the child's home; and
	(3) [(2)]  allowing the child to remain in the home
	would be contrary to the child's welfare.
	SECTION 12.  Section 262.201, Family Code, is amended by
	adding Subsection (a-5) and amending Subsections (b) and (c) to
	read as follows:
	(a-5)  If a parent who is not indigent appears in opposition
	to the suit, the court may, for good cause shown, postpone the full
	adversary hearing for not more than seven days from the date of the
	parent's appearance to allow the parent to hire an attorney or to
	provide the parent's attorney time to respond to the petition and
	prepare for the hearing.  A postponement under this subsection is
	subject to the limits and requirements prescribed by Subsection
	(a-3).
	(b)  At the conclusion of the full adversary hearing, the
	court shall order the return of the child to the parent, managing
	conservator, possessory conservator, guardian, caretaker, or
	custodian entitled to possession unless the court finds sufficient
	evidence to produce in the mind of a reasonable person a firm belief
	or conviction [satisfy a person of ordinary prudence and caution]
	that:
	(1)  there was a danger to the physical health or safety
	of the child, including a danger that the child would be a victim of
	trafficking under Section 20A.02 or 20A.03, Penal Code, which was
	caused by an act or failure to act of the person entitled to
	possession and for the child to remain in the home is contrary to
	the welfare of the child;
	(2)  the urgent need for protection required the
	immediate removal of the child and reasonable efforts, consistent
	with the circumstances and providing for the safety of the child,
	were made to eliminate or prevent the child's removal; and
	(3)  reasonable efforts have been made to enable the
	child to return home, but there is a substantial risk of a
	continuing danger if the child is returned home.
	(c)  If the court finds sufficient evidence to produce in the
	mind of a reasonable person a firm belief or conviction [satisfy a
	person of ordinary prudence and caution] that there is a continuing
	danger to the physical health or safety of the child and for the
	child to remain in the home is contrary to the welfare of the child,
	the court shall issue an appropriate temporary order under Chapter
	105. The court shall require each parent, alleged father, or
	relative of the child before the court to complete the proposed
	child placement resources form provided under Section 261.307 and
	file the form with the court, if the form has not been previously
	filed with the court, and provide the Department of Family and
	Protective Services with information necessary to locate any other
	absent parent, alleged father, or relative of the child. The court
	shall inform each parent, alleged father, or relative of the child
	before the court that the person's failure to submit the proposed
	child placement resources form will not delay any court proceedings
	relating to the child. The court shall inform each parent in open
	court that parental and custodial rights and duties may be subject
	to restriction or to termination unless the parent or parents are
	willing and able to provide the child with a safe environment. If
	the court finds that the child requires protection from family
	violence by a member of the child's family or household, the court
	shall render a protective order under Title 4 for the child. In
	this subsection, "family violence" has the meaning assigned by
	Section 71.004.
	SECTION 13.  Section 262.205(b), Family Code, is amended to
	read as follows:
	(b)  After the hearing, the court may grant the request to
	remove the child from the parent, managing conservator, possessory
	conservator, guardian, caretaker, or custodian entitled to
	possession of the child if the court finds sufficient evidence to
	produce in the mind of a reasonable person a firm belief or
	conviction [satisfy a person of ordinary prudence and caution]
	that:
	(1)  reasonable efforts have been made to prevent or
	eliminate the need to remove the child from the child's home; and
	(2)  allowing the child to remain in the home would be
	contrary to the child's welfare.
	SECTION 14.  Subchapter C, Chapter 262, Family Code, is
	amended by adding Section 262.206 to read as follows:
	Sec. 262.206.  EX PARTE HEARINGS PROHIBITED. Unless
	otherwise authorized by law, a hearing held by a court in a suit
	under this chapter may not be ex parte.
	SECTION 15.  Section 263.401, Family Code, is amended to
	read as follows:
	Sec. 263.401.  DISMISSAL AFTER ONE YEAR; NEW TRIALS;
	EXTENSION. (a) Unless the court has commenced the trial on the
	merits or granted an extension under Subsection (b) or (b-1), on the
	first Monday after the first anniversary of the date the court
	rendered a temporary order appointing the department as temporary
	managing conservator, the court's jurisdiction over [court shall
	dismiss] the suit affecting the parent-child relationship filed by
	the department that requests termination of the parent-child
	relationship or requests that the department be named conservator
	of the child is terminated and the suit is automatically dismissed
	without a court order.
	(b)  Unless the court has commenced the trial on the merits,
	the court may not retain the suit on the court's docket after the
	time described by Subsection (a) unless the court finds that
	extraordinary circumstances necessitate the child remaining in the
	temporary managing conservatorship of the department and that
	continuing the appointment of the department as temporary managing
	conservator is in the best interest of the child. If the court
	makes those findings, the court may retain the suit on the court's
	docket for a period not to exceed 180 days after the time described
	by Subsection (a). If the court retains the suit on the court's
	docket, the court shall render an order in which the court:
	(1)  schedules the new date on which the suit will be
	automatically dismissed if the trial on the merits has not
	commenced, which date must be not later than the 180th day after the
	time described by Subsection (a);
	(2)  makes further temporary orders for the safety and
	welfare of the child as necessary to avoid further delay in
	resolving the suit; and
	(3)  sets the trial on the merits on a date not later
	than the date specified under Subdivision (1).
	(b-1)  If, after commencement of the initial trial on the
	merits within the time required by Subsection (a) or (b), the court
	grants a motion for a new trial or mistrial, or the case is remanded
	to the court by an appellate court following an appeal of the
	court's final order, the court shall retain the suit on the court's
	docket and render an order in which the court:
	(1)  schedules a new date on which the suit will be
	automatically dismissed if the new trial has not commenced, which
	must be a date not later than the 180th day after the date on which:
	(A)  the motion for a new trial or mistrial is
	granted; or
	(B)  the appellate court remanded the case;
	(2)  makes further temporary orders for the safety and
	welfare of the child as necessary to avoid further delay in
	resolving the suit; and
	(3)  sets the new trial on the merits for a date not
	later than the date specified under Subdivision (1).
	(c)  If the court grants an extension under Subsection (b) or
	(b-1) but does not commence the trial on the merits before the
	dismissal date, the court's jurisdiction over [court shall dismiss]
	the suit is terminated and the suit is automatically dismissed
	without a court order. The court may not grant an additional
	extension that extends the suit beyond the required date for
	dismissal under Subsection (b) or (b-1), as applicable.
	SECTION 16.  Section 264.009(a), Family Code, is amended to
	read as follows:
	(a)  Except as provided by Subsection (b)[, (c),] or (f), in
	any action under this code, the department shall be represented in
	court by the county attorney of the county where the action is
	brought, unless the district attorney or criminal district attorney
	of the county elects to provide representation.
	SECTION 17.  The following provisions are repealed:
	(1)  Article 56.54(j), Code of Criminal Procedure;
	(2)  Section 201.014(b), Family Code;
	(3)  Subchapter C, Chapter 201, Family Code; and
	(4)  Sections 264.009(c), (d), and (e), Family Code.
	SECTION 18.  (a)  Except as provided by Subsection (b) of
	this section, the changes in law made by this Act apply only to a
	suit filed by the Department of Family and Protective Services on or
	after the effective date of this Act. A suit filed by the
	department before that date 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.
	(b)  The changes made by this Act to Section 263.401, Family
	Code, apply only to a suit affecting the parent-child relationship
	pending in a trial court on the effective date of this Act or filed
	on or after the effective date of this Act. A suit affecting the
	parent-child relationship in which a final order is rendered before
	the effective date of this Act is governed by the law in effect on
	the date the order was rendered, and the former law is continued in
	effect for that purpose.
	SECTION 19.  This Act takes effect September 1, 2017.