Texas 2023 - 88th Regular

Texas House Bill HB4953

Filed
3/10/23  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.

Impact

The implications of HB 4953 are significant in ensuring that legal processes are adhered to when children face removal from their parents. This change intends to put stricter oversight on the actions of the Department of Family and Protective Services (CPS) and emphasizes the priority of maintaining family connections unless absolutely necessary. The new provisions require a preponderance of evidence to support the court's decision to order any removal, thereby attempting to provide a higher standard of protection for children and families within the system.

Summary

House Bill 4953 relates to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services. This bill amends the Family Code to stipulate that children can only be removed from a monitored return following notice and a hearing, except in emergency situations. The measure aims at ensuring that parents have a voice during the removal process, particularly after regaining custody of their children, enhancing their rights in delicate situations.

Sentiment

The sentiment surrounding HB 4953 seems to be largely supportive, particularly among advocates for family rights. Many committee members and supporters expressed the importance of the bill in protecting parents' rights and ensuring oversight by requiring a hearing before a decision is made to remove a child. However, there may be concerns regarding the capacity of CPS to manage its workload, as some stakeholders noted the challenges presented by an already overstretched agency.

Contention

Despite the overall positive reception, points of contention surround the practical implications of implementing this bill, particularly regarding the operational capacity of CPS. Some testimony indicated that while the intentions of the bill are commendable, the potential influx of additional requirements could strain an already burdened system. Ensuring that the best interests of children are met within these legal frameworks will be a critical focus going forward.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 263. Review Of Placement Of Children Under Care Of Department Of Family And Protective Services
    • Section: 403

Companion Bills

TX SB2548

Identical Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.

TX SB2562

Same As Relating to the procedures for the removal of certain children in the managing conservatorship of the Department of Family and Protective Services.

Similar Bills

No similar bills found.