By: Blanco (Senate Sponsor - Zaffirini) H.B. No. 1043
(In the Senate - Received from the House April 24, 2017;
May 2, 2017, read first time and referred to Committee on State
Affairs; May 12, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to a court order authorizing temporary care of a minor
child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 2, Family Code, is amended by
adding Chapter 35 to read as follows:
CHAPTER 35. TEMPORARY AUTHORIZATION FOR CARE OF MINOR CHILD
Sec. 35.001. APPLICABILITY. This chapter applies to a
person whose relationship to a child would make the person eligible
to consent to treatment under Section 32.001 or eligible to enter an
authorization agreement under Section 34.001.
Sec. 35.002. TEMPORARY AUTHORIZATION. A person described
by Section 35.001 may seek a court order for temporary
authorization for care of a child by filing a petition in the
district court in the county in which the person resides if:
(1) the child has resided with the person for at least
the 30 days preceding the date the petition was filed; and
(2) the person does not have an authorization
agreement under Chapter 34 or other signed, written documentation
from a parent, conservator, or guardian that enables the person to
provide necessary care for the child.
Sec. 35.003. PETITION FOR TEMPORARY AUTHORIZATION FOR CARE
OF CHILD. (a) A petition for temporary authorization for care of a
child must:
(1) be styled "ex parte" and be in the name of the
child;
(2) be verified by the petitioner;
(3) state:
(A) the name, date of birth, and current physical
address of the child;
(B) the name, date of birth, and current physical
address of the petitioner; and
(C) the name and, if known, the current physical
and mailing addresses of the child's parents, conservators, or
guardians;
(4) describe the status and location of any court
proceeding in this or another state with respect to the child;
(5) describe the petitioner's relationship to the
child;
(6) provide the dates during the preceding 12 months
that the child has resided with the petitioner;
(7) describe any service or action that the petitioner
is unable to obtain or undertake on behalf of the child without
authorization from the court;
(8) state any reason that the petitioner is unable to
obtain signed, written documentation from a parent, conservator, or
guardian of the child;
(9) contain a statement of the period for which the
petitioner is requesting temporary authorization; and
(10) contain a statement of any reason supporting the
request for the temporary authorization.
(b) If the petition identifies a court proceeding with
respect to the child under Subsection (a)(4), the petitioner shall
submit a copy of any court order that designates a conservator or
guardian of the child.
Sec. 35.004. NOTICE; HEARING. (a) On receipt of the
petition, the court shall set a hearing.
(b) A copy of the petition and notice of the hearing shall be
delivered to the parent, conservator, or guardian of the child by
personal service or by certified mail, return receipt requested, at
the last known address of the parent, conservator, or guardian.
(c) Proof of service under Subsection (b) must be filed with
the court at least three days before the date of the hearing.
Sec. 35.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At the
hearing on the petition, the court may hear evidence relating to the
child's need for care by the petitioner, any other matter raised in
the petition, and any objection or other testimony of the child's
parent, conservator, or guardian.
(b) The court shall award temporary authorization for care
of the child to the petitioner if the court finds it is necessary to
the child's welfare and no objection is made by the child's parent,
conservator, or guardian. If an objection is made, the court shall
dismiss the petition without prejudice.
(c) The court shall grant the petition for temporary
authorization only if the court finds by a preponderance of the
evidence that the child does not have a parent, conservator,
guardian, or other legal representative available to give the
necessary consent.
(d) The order granting temporary authorization under this
chapter expires on the first anniversary of the date of issuance or
at an earlier date determined by the court. The order may authorize
the petitioner to:
(1) consent to medical, dental, psychological, and
surgical treatment and immunization of the child;
(2) execute any consent or authorization for the
release of information as required by law relating to the treatment
or immunization under Subdivision (1);
(3) obtain and maintain any public benefit for the
child;
(4) enroll the child in a day-care program, preschool,
or public or private primary or secondary school;
(5) authorize the child to participate in
age-appropriate extracurricular, civic, social, or recreational
activities, including athletic activities; and
(6) authorize or consent to any other care for the
child essential to the child's welfare.
(e) An order granting temporary authorization under this
chapter must state:
(1) the name and date of birth of the person with
temporary authorization to care for the child;
(2) the specific areas of authorization granted to the
person;
(3) that the order does not supersede any rights of a
parent, conservator, or guardian as provided by court order; and
(4) the expiration date of the temporary authorization
order.
(f) A copy of an order for temporary authorization must:
(1) be filed under the cause number in any court that
has rendered a conservatorship or guardian order regarding the
child; and
(2) be sent to the last known address of the child's
parent, conservator, or guardian.
Sec. 35.006. RENEWAL OR TERMINATION OF TEMPORARY
AUTHORIZATION. (a) A temporary authorization order may be renewed
by court order for a period of not more than one year on a showing by
the petitioner of a continuing need for the order.
(b) At any time, the petitioner or the child's parent,
conservator, or guardian may request the court to terminate the
order. The court shall terminate the order on finding that there is
no longer a need for the order.
Sec. 35.007. EFFECT OF TEMPORARY AUTHORIZATION. (a) A
person who relies in good faith on a temporary authorization order
under this chapter is not subject to:
(1) civil or criminal liability to any person; or
(2) professional disciplinary action.
(b) A temporary authorization order does not affect the
rights of the child's parent, conservator, or guardian regarding
the care, custody, and control of the child, and does not establish
legal custody of the child.
(c) A temporary authorization order does not confer or
affect standing or a right of intervention in any proceeding under
Title 5.
(d) An order under this chapter is not a child custody
determination and does not create a court of continuing, exclusive
jurisdiction under Title 5.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2017.
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