| 1 | 1 | | 83R28742 YDB-F |
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| 2 | 2 | | By: Nelson S.B. No. 429 |
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| 3 | 3 | | (Raymond) |
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| 4 | 4 | | Substitute the following for S.B. No. 429: No. |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the dismissal or nonsuit of a suit to terminate the |
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| 10 | 10 | | parent-child relationship filed by the Department of Family and |
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| 11 | 11 | | Protective Services. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. The heading to Chapter 263, Family Code, is |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF |
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| 16 | 16 | | DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES |
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| 17 | 17 | | SECTION 2. Subchapter E, Chapter 263, Family Code, is |
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| 18 | 18 | | amended by adding Section 263.408 to read as follows: |
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| 19 | 19 | | Sec. 263.408. REQUIREMENTS BEFORE DISMISSAL OR NONSUIT. |
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| 20 | 20 | | (a) Before approving a dismissal or nonsuit of a suit to terminate |
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| 21 | 21 | | the parent-child relationship filed by the department, the court |
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| 22 | 22 | | shall consider: |
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| 23 | 23 | | (1) whether the dismissal or nonsuit is in the best |
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| 24 | 24 | | interest of each child affected by the suit; and |
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| 25 | 25 | | (2) whether any orders for the conservatorship, |
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| 26 | 26 | | possession of or access to, or support of each child affected by the |
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| 27 | 27 | | suit continue in effect after the dismissal or nonsuit. |
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| 28 | 28 | | (b) Before approving a dismissal or nonsuit of a suit to |
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| 29 | 29 | | terminate the parent-child relationship filed by the department, |
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| 30 | 30 | | the court may render an order for the conservatorship, possession |
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| 31 | 31 | | of or access to, or support of each child affected by the suit that |
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| 32 | 32 | | will continue in effect after the dismissal or nonsuit of the suit |
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| 33 | 33 | | to terminate the parent-child relationship. |
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| 34 | 34 | | SECTION 3. Section 263.408, Family Code, as added by this |
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| 35 | 35 | | Act, applies only to a motion for the dismissal or nonsuit of a suit |
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| 36 | 36 | | to terminate the parent-child relationship that is made on or after |
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| 37 | 37 | | the effective date of this Act. |
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| 38 | 38 | | SECTION 4. This Act takes effect September 1, 2013. |
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