85R4399 MM-D
By: Wu H.B. No. 1444
A BILL TO BE ENTITLED
AN ACT
relating to the court's review of the placement of a child in
certain court orders relating to a suit affecting the parent-child
relationship involving a child in the conservatorship of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 262, Family Code, is
amended by adding Section 262.0022 to read as follows:
Sec. 262.0022. REVIEW OF PLACEMENT; FINDINGS. At each
hearing under this chapter, the court shall review the placement of
each child in the temporary or permanent managing conservatorship
of the department who is not placed with a relative caregiver or
designated caregiver as defined by Section 264.751. The court
shall make a finding as to whether the department is able to place
the child with a relative or other designated caregiver and state
the evidence that supports its finding.
SECTION 2. Section 263.002, Family Code, is amended to read
as follows:
Sec. 263.002. REVIEW OF PLACEMENTS BY COURT; FINDINGS. (a)
In a suit affecting the parent-child relationship in which the
department has been appointed by the court or designated in an
affidavit of relinquishment of parental rights as the temporary or
permanent managing conservator of a child, the court shall hold a
hearing to review:
(1) the conservatorship appointment and substitute
care; and
(2) for a child committed to the Texas Juvenile
Justice Department, the child's commitment in the Texas Juvenile
Justice Department or release under supervision by the Texas
Juvenile Justice Department.
(b) At each hearing under this chapter, the court shall
review the placement of each child in the temporary or permanent
managing conservatorship of the department who is not placed with a
relative caregiver or designated caregiver as defined by Section
264.751. The court shall make a finding as to whether the
department is able to place the child with a relative or other
designated caregiver and state the evidence that supports its
finding.
SECTION 3. The changes in law made by this Act apply to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 4. This Act takes effect September 1, 2017.