By: Hughes S.B. No. 1415
(In the Senate - Filed March 7, 2017; March 16, 2017, read
first time and referred to Committee on Health & Human Services;
May 4, 2017, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 9, Nays 0; May 4, 2017, sent
to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1415 By: Taylor of Collin
A BILL TO BE ENTITLED
AN ACT
relating to the child protective service functions of the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 155.201, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) On receiving notice that a court exercising
jurisdiction under Chapter 262 has ordered the transfer of a suit
under Section 262.203(a)(2), the court of continuing, exclusive
jurisdiction shall, pursuant to the requirements of Section
155.204(i), transfer the proceedings to the court in which the suit
under Chapter 262 is pending.
SECTION 2. Section 155.204(i), Family Code, is amended to
read as follows:
(i) If a transfer order has been signed by a court
exercising jurisdiction under Chapter 262, the Department of Family
and Protective Services shall [a party may] file the transfer order
with the clerk of the court of continuing, exclusive jurisdiction.
On receipt and without a hearing or further order from the court of
continuing, exclusive jurisdiction, the clerk of the court of
continuing, exclusive jurisdiction shall transfer the files as
provided by this subchapter.
SECTION 3. Section 161.206, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In a suit filed by the Department of Family and
Protective Services seeking termination of the parent-child
relationship for both parents of the child, the court may order
termination of the parent-child relationship for a parent only if
the court finds by clear and convincing evidence grounds for the
termination of the parent-child relationship for that parent. An
order rendered under this subsection must state the grounds for
terminating the parent-child relationship for that parent.
SECTION 4. Section 262.201, Family Code, is amended by
amending Subsection (a) and adding Subsection (a-5) to read as
follows:
(a) Unless the child has already been returned to the
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian entitled to possession and the temporary
order, if any, has been dissolved, a full adversary hearing shall be
held not later than the 14th day after the date the child was taken
into possession by the governmental entity, unless the court grants
an extension under Subsection (a-3) or (a-5).
(a-5) If a parent who is not indigent appears in opposition
to the suit, the court may, for good cause shown, postpone the full
adversary hearing for not more than seven days from the date of the
parent's appearance to allow the parent to hire an attorney or to
provide the parent's attorney time to respond to the petition and
prepare for the hearing. A postponement under this subsection is
subject to the limits and requirements prescribed by Subsection
(a-3).
SECTION 5. Section 262.203(a), Family Code, is amended to
read as follows:
(a) On the motion of a party or the court's own motion, if
applicable, the court that rendered the temporary order shall in
accordance with procedures provided by Chapter 155:
(1) transfer the suit to the court of continuing,
exclusive jurisdiction, if any, if the court finds that the
transfer is:
(A) necessary for the convenience of the parties;
and
(B) in the best interest of the child;
(2) [if grounds exist for mandatory transfer from the
court of continuing, exclusive jurisdiction under Section
155.201,] order transfer of the suit from the [that] court of
continuing, exclusive jurisdiction; or
(3) if grounds exist for transfer based on improper
venue, order transfer of the suit to the court having venue of the
suit under Chapter 103.
SECTION 6. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.206 to read as follows:
Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless
otherwise authorized by this chapter or other law, a hearing held by
a court in a suit under this chapter may not be ex parte.
SECTION 7. Section 263.401, Family Code, is amended to read
as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION. (a) Unless the court has commenced the trial on the
merits or granted an extension under Subsection (b) or (b-1), on the
first Monday after the first anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over [court shall
dismiss] the suit affecting the parent-child relationship filed by
the department that requests termination of the parent-child
relationship or requests that the department be named conservator
of the child is terminated and the suit is automatically dismissed
without a court order.
(b) Unless the court has commenced the trial on the merits,
the court may not retain the suit on the court's docket after the
time described by Subsection (a) unless the court finds that
extraordinary circumstances necessitate the child remaining in the
temporary managing conservatorship of the department and that
continuing the appointment of the department as temporary managing
conservator is in the best interest of the child. If the court
makes those findings, the court may retain the suit on the court's
docket for a period not to exceed 180 days after the time described
by Subsection (a). If the court retains the suit on the court's
docket, the court shall render an order in which the court:
(1) schedules the new date on which the suit will be
automatically dismissed if the trial on the merits has not
commenced, which date must be not later than the 180th day after the
time described by Subsection (a);
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits on a date not later
than the date specified under Subdivision (1).
(b-1) If, after commencement of the initial trial on the
merits within the time required by Subsection (a) or (b), the court
grants a motion for a new trial or mistrial, or the case is remanded
to the court by an appellate court following an appeal of the
court's final order, the court shall retain the suit on the court's
docket and render an order in which the court:
(1) schedules a new date on which the suit will be
automatically dismissed if the new trial has not commenced, which
must be a date not later than the 180th day after the date on which:
(A) the motion for a new trial or mistrial is
granted; or
(B) the appellate court remanded the case;
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the new trial on the merits for a date not
later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
(b-1) but does not commence the trial on the merits before the
dismissal date, the court's jurisdiction over [court shall dismiss]
the suit is terminated and the suit is automatically dismissed
without a court order. The court may not grant an additional
extension that extends the suit beyond the required date for
dismissal under Subsection (b) or (b-1), as applicable.
(d) On dismissal of the suit, the clerk shall notify each
party of the dismissal.
SECTION 8. Section 263.402(b), Family Code, is repealed.
SECTION 9. The changes in law made by this Act apply only 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 10. This Act takes effect September 1, 2017.
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