By: Keough H.B. No. 205
A BILL TO BE ENTITLED
AN ACT
Relating to child protective service
s; requiring burden of proof;
providing court appointed attorney.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 264.203, Family Code, is amended to read
as follows:
Sec. 264.203. REQUIRED PARTICIPATION. (a) Except as
provided by Subsection (d), the court on request of the department;
and upon hearing evidence at trial; may order the parent, managing
conservator, guardian, or other member of the subject child's
household to:
(1) participate in the services the department
provides or purchases for:
(A) alleviating the effects of the abuse or
neglect that has occurred; or
(B) reducing the reasonable likelihood that the
child may be abused or neglected in the immediate or foreseeable
future; and
(2) permit the child and any siblings of the child to
receive the services.
(b) The department may request the court to order the
parent, managing conservator, guardian, or other member of the
child's household to participate in the services whether the child
resides in the home or has been removed from the home.
(c) If the person ordered to participate in the services
fails to follow the court's order, the court may impose appropriate
sanctions in order to protect the health and safety of the child,
including the removal of the child as specified by Chapter 262.
(d) If the court does not order the person to participate,
the court in writing shall specify the reasons for not ordering
participation.
(3) The department shall prove with clear and
convincing evidence during trial that respondents to suit have
abused or neglected a child or children in respondents care, or
through clear and convincing evidence the department can show that
respondents are likely to abuse or neglect a child or children in
respondents care in the immediate or foreseeable future.
(4) Notwithstanding any other section a parent,
managing conservator, guardian or other member of the subject
child(s) household shall be afforded and appointed a court
appointed attorney if a suit for required participation is brought
against them in a court of law.
SECTION 2. The changes in law made by this Act to Section
264.203, Family Code, apply only to case before a court after the
effective date of this Act. A case before a court before the
effective date of this Act is governed by the law in effect on the
date the case was filed with a court of law, and the former law is
continued in effect for that purpose.
SECTION 3. 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.