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