| 1 | 1 | | By: Nelson, Uresti S.B. No. 786 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the protection of children from abuse and neglect. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subsection (b), Section 262.1015, Family Code, |
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| 9 | 9 | | is amended to read as follows: |
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| 10 | 10 | | (b) A court may issue a temporary restraining order in a |
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| 11 | 11 | | suit by the department for the removal of an alleged perpetrator |
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| 12 | 12 | | under Subsection (a) if the department's petition states facts |
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| 13 | 13 | | sufficient to satisfy the court that: |
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| 14 | 14 | | (1) there is an immediate danger to the physical |
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| 15 | 15 | | health or safety of the child or the child has been a victim of |
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| 16 | 16 | | sexual abuse; |
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| 17 | 17 | | (2) there is no time, consistent with the physical |
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| 18 | 18 | | health or safety of the child, for an adversary hearing; |
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| 19 | 19 | | (3) the child is not in danger of abuse from a parent |
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| 20 | 20 | | or other adult with whom the child will continue to reside in the |
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| 21 | 21 | | residence of the child; [and] |
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| 22 | 22 | | (4) the parent or other adult with whom the child will |
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| 23 | 23 | | continue to reside in the child's home is likely to: |
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| 24 | 24 | | (A) make a reasonable effort to monitor the |
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| 25 | 25 | | residence; and |
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| 26 | 26 | | (B) report to the department and the appropriate |
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| 27 | 27 | | law enforcement agency any attempt by the alleged perpetrator to |
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| 28 | 28 | | return to the residence; and |
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| 29 | 29 | | (5) the issuance of the order is in the best interest |
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| 30 | 30 | | of the child. |
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| 31 | 31 | | SECTION 2. Subsection (b), Section 262.102, Family Code, is |
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| 32 | 32 | | amended to read as follows: |
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| 33 | 33 | | (b) In determining whether the circumstances described by |
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| 34 | 34 | | Subsections (a)(1) and (2) exist [there is an immediate danger to |
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| 35 | 35 | | the physical health or safety of a child], the court shall [may] |
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| 36 | 36 | | consider whether the child's household includes a person who has: |
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| 37 | 37 | | (1) abused or neglected another child in a manner that |
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| 38 | 38 | | caused serious injury to or the death of the other child; or |
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| 39 | 39 | | (2) sexually abused another child. |
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| 40 | 40 | | SECTION 3. The change in law made by this Act to Subsection |
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| 41 | 41 | | (b), Section 262.1015, Family Code, applies only to a petition for a |
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| 42 | 42 | | temporary restraining order in a suit by the Department of Family |
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| 43 | 43 | | and Protective Services filed on or after the effective date of this |
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| 44 | 44 | | Act. A petition filed before the effective date of this Act is |
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| 45 | 45 | | governed by the law in effect on the date the petition was filed, |
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| 46 | 46 | | and the former law is continued in effect for that purpose. |
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| 47 | 47 | | SECTION 4. This Act takes effect September 1, 2009. |
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