Bill Text: TX HB43 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to the contents of a petition in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-06 - Filed [HB43 Detail]
Download: Texas-2021-HB43-Introduced.html
| By: Hull | H.B. No. 43 | |
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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 262.105, 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 3. Section 262.113, Family Code, is amended to read | ||
| as follows: | ||
| Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF | ||
| CHILD. (a) 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 satisfy a person of | ||
| ordinary prudence and caution that: | ||
| (1) there is a continuing danger to the physical | ||
| health or safety of the child caused by an act or failure to act of | ||
| the person entitled to possession of the child and that allowing the | ||
| child to remain in the home would be contrary to the child's | ||
| welfare; and | ||
| (2) reasonable efforts, consistent with the | ||
| circumstances and providing for the safety of the child, have been | ||
| made to prevent or eliminate the need to remove the child from the | ||
| child's home. | ||
| (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 4. 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 5. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
