Texas House Bill HB112

Texas 2021 - 87th 3rd C.S.

Caption

Relating to the contents of a petition in certain suits affecting the parent-child relationship.

Impact

The enactment of HB 112 is expected to streamline the process by which governmental entities intervene in cases of potential child endangerment. By mandating that specific information be included in the affidavits, the bill seeks to ensure that only situations meeting the defined criteria can escalate into custody disputes. This could lead to more consistent practices across Texas regarding the criteria for emergency removals, ultimately improving the efficacy of child welfare interventions.

Summary

House Bill 112 amends the requirements for petitions filed by governmental entities in cases affecting the parent-child relationship. The bill establishes that when filing a suit requesting permission to take possession of a child without prior notice and hearing, an affidavit must be submitted. This affidavit must contain sufficient evidence claiming an immediate danger to the child's physical health or safety, issues of neglect or abuse, and that reasonable efforts were made to prevent the child's removal. The changes aim to provide clarity and structure in emergency scenarios where children's safety is concerned.

Contention

Some potential areas of contention surrounding HB 112 may arise from the perceived constraints it places on governmental agencies' ability to act swiftly in emergency situations. Advocates for child welfare may argue that while the requirement for affidavits is important for transparency, it could also delay urgent actions necessary to protect children. Conversely, supporters of the bill argue it enhances accountability and protects parental rights by ensuring that interventions are justified and documented. Overall, the debate will likely center on balancing the promptness of state intervention in cases of potential neglect against the need for due process.