| 1 | 1 | | 85R4399 MM-D |
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| 2 | 2 | | By: Wu H.B. No. 1444 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the court's review of the placement of a child in |
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| 8 | 8 | | certain court orders relating to a suit affecting the parent-child |
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| 9 | 9 | | relationship involving a child in the conservatorship of the |
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| 10 | 10 | | Department of Family and Protective Services. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Subchapter A, Chapter 262, Family Code, is |
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| 13 | 13 | | amended by adding Section 262.0022 to read as follows: |
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| 14 | 14 | | Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each |
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| 15 | 15 | | hearing under this chapter, the court shall review the placement of |
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| 16 | 16 | | each child in the temporary or permanent managing conservatorship |
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| 17 | 17 | | of the department who is not placed with a relative caregiver or |
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| 18 | 18 | | designated caregiver as defined by Section 264.751. The court |
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| 19 | 19 | | shall make a finding as to whether the department is able to place |
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| 20 | 20 | | the child with a relative or other designated caregiver and state |
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| 21 | 21 | | the evidence that supports its finding. |
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| 22 | 22 | | SECTION 2. Section 263.002, Family Code, is amended to read |
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| 23 | 23 | | as follows: |
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| 24 | 24 | | Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a) |
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| 25 | 25 | | In a suit affecting the parent-child relationship in which the |
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| 26 | 26 | | department has been appointed by the court or designated in an |
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| 27 | 27 | | affidavit of relinquishment of parental rights as the temporary or |
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| 28 | 28 | | permanent managing conservator of a child, the court shall hold a |
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| 29 | 29 | | hearing to review: |
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| 30 | 30 | | (1) the conservatorship appointment and substitute |
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| 31 | 31 | | care; and |
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| 32 | 32 | | (2) for a child committed to the Texas Juvenile |
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| 33 | 33 | | Justice Department, the child's commitment in the Texas Juvenile |
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| 34 | 34 | | Justice Department or release under supervision by the Texas |
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| 35 | 35 | | Juvenile Justice Department. |
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| 36 | 36 | | (b) At each hearing under this chapter, the court shall |
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| 37 | 37 | | review the placement of each child in the temporary or permanent |
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| 38 | 38 | | managing conservatorship of the department who is not placed with a |
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| 39 | 39 | | relative caregiver or designated caregiver as defined by Section |
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| 40 | 40 | | 264.751. The court shall make a finding as to whether the |
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| 41 | 41 | | department is able to place the child with a relative or other |
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| 42 | 42 | | designated caregiver and state the evidence that supports its |
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| 43 | 43 | | finding. |
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| 44 | 44 | | SECTION 3. The changes in law made by this Act apply to a |
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| 45 | 45 | | suit affecting the parent-child relationship filed on or after the |
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| 46 | 46 | | effective date of this Act. A suit affecting the parent-child |
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| 47 | 47 | | relationship filed before the effective date of this Act is |
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| 48 | 48 | | governed by the law in effect on the date the suit was filed, and the |
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| 49 | 49 | | former law is continued in effect for that purpose. |
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| 50 | 50 | | SECTION 4. This Act takes effect September 1, 2017. |
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