Texas 2019 - 86th Regular

Texas Senate Bill SB2091 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	86R13055 MCK-F
1	2		By: Hughes S.B. No. 2091
2		-	(In the Senate - Filed March 7, 2019; March 21, 2019, read
3		-	first time and referred to Committee on Health & Human Services;
4		-	May 15, 2019, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 5, Nays 1; May 15, 2019,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 2091 By: Buckingham
9	3
10	4
11	5		A BILL TO BE ENTITLED
12	6		AN ACT
13	7		relating to the procedures and grounds for terminating the
14	8		parent-child relationship, for taking possession of a child, and
15	9		for certain hearings in a suit affecting the parent-child
16	10		relationship involving the Department of Family and Protective
17	11		Services.
18	12		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
19		-	SECTION 1. Section 161.001(c), Family Code, is amended to
20		-	read as follows:
21		-	(c) Evidence that the parent engaged in one or more of the
22		-	following activities does not constitute clear and convincing
23		-	evidence sufficient for a court to [A court may not] make a finding
24		-	under Subsection (b) and order termination of the parent-child
25		-	relationship [based on evidence that the parent]:
	13	+	SECTION 1. Sections 161.001(c) and (e), Family Code, are
	14	+	amended to read as follows:
	15	+	(c) In making [A court may not make] a finding under
	16	+	Subsection (b) and ordering [order] termination of the parent-child
	17	+	relationship, the court may not consider [based on] evidence that
	18	+	the parent:
26	19		(1) homeschooled the child;
27	20		(2) is economically disadvantaged;
28	21		(3) has been charged with a nonviolent misdemeanor
29	22		offense other than:
30	23		(A) an offense under Title 5, Penal Code;
31	24		(B) an offense under Title 6, Penal Code; or
32	25		(C) an offense that involves family violence, as
33	26		defined by Section 71.004 of this code;
34	27		(4) provided or administered low-THC cannabis to a
35	28		child for whom the low-THC cannabis was prescribed under Chapter
36	29		169, Occupations Code; [or]
37	30		(5) declined immunization for the child for reasons of
38	31		conscience, including a religious belief; or
39		-	(6) after taking reasonable precautionary measures,
40		-	allowed a child, who is of sufficient maturity, physical condition,
41		-	and mental ability to avoid substantial risk of physical harm, to
42		-	engage in independent activities, including:
	32	+	(6) allowed a child, who is of sufficient maturity,
	33	+	physical condition, and mental ability to avoid substantial risk of
	34	+	physical harm, to engage in independent activities, including:
43	35		(A) traveling to and from the child's home and
44	36		school, including by walking, running, or bicycling;
45	37		(B) traveling to and from the child's home and a
46	38		commercial or recreational facility near to the child's home;
47	39		(C) engaging in outdoor play;
48	40		(D) remaining at the child's home unattended; or
49		-	(E) engaging in other activities that are
50		-	generally accepted as suitable for a child's age or level of
51		-	maturity or that are developmentally appropriate for a child based
52		-	on the development of cognitive, emotional, physical, and
53		-	behavioral capacities typical for the age or age group.
	41	+	(E) engaging in other age-appropriate normalcy
	42	+	activities as defined by Section 264.001.
	43	+	(e) This section does not prohibit the Department of Family
	44	+	and Protective Services from offering evidence described by
	45	+	Subsection (c), for purposes other than a finding under Subsection
	46	+	(b), as part of an action to terminate the parent-child
	47	+	relationship under this subchapter.
54	48		SECTION 2. Section 161.101, Family Code, is amended to read
55	49		as follows:
56		-	Sec. 161.101. PETITION ALLEGATIONS. (a) A petition for
57		-	the termination of the parent-child relationship is sufficient
58		-	without the necessity of specifying the underlying facts if the
59		-	petition alleges in the statutory language the ground for the
60		-	termination and that termination is in the best interest of the
61		-	child.
	50	+	Sec. 161.101. PETITION ALLEGATIONS. (a) A petition for the
	51	+	termination of the parent-child relationship is sufficient without
	52	+	the necessity of specifying the underlying facts if the petition
	53	+	alleges in the statutory language the ground for the termination
	54	+	and that termination is in the best interest of the child.
62	55		(b) A petition or motion filed by the Department of Family
63	56		and Protective Services is subject to Chapter 10, Civil Practice
64	57		and Remedies Code, and Rule 13, Texas Rules of Civil Procedure.
65	58		SECTION 3. Section 261.001(4), Family Code, is amended to
66	59		read as follows:
67	60		(4) "Neglect":
68	61		(A) includes:
69	62		(i) the leaving of a child in a situation
70	63		where the child would be exposed to a substantial risk of physical
71	64		or mental harm, without arranging for necessary care for the child,
72	65		and the demonstration of an intent not to return by a parent,
73	66		guardian, or managing or possessory conservator of the child;
74	67		(ii) the following acts or omissions by a
75	68		person:
76	69		(a) placing a child in or failing to
77	70		remove a child from a situation that a reasonable person would
78	71		realize requires judgment or actions beyond the child's level of
79		-	maturity, physical condition, or mental abilities ~~and that results~~
80		-	in bodily injury ~~or a substantial risk of immediate harm to the~~
81		-	child;
	72	+	maturity, physical condition, or mental abilities without taking
	73	+	reasonable precautionary measures and that results in bodily injury
	74	+	or a substantial risk of immediate harm to the child;
82	75		(b) failing to seek, obtain, or follow
83	76		through with medical care for a child, with the failure resulting in
84	77		or presenting a substantial risk of death, disfigurement, or bodily
85	78		injury or with the failure resulting in an observable and material
86	79		impairment to the growth, development, or functioning of the child;
87	80		(c) the failure to provide a child
88	81		with food, clothing, or shelter necessary to sustain the life or
89	82		health of the child, excluding failure caused primarily by
90	83		financial inability unless relief services had been offered and
91	84		refused;
92	85		(d) placing a child in or failing to
93	86		remove the child from a situation in which the child would be
94	87		exposed to a substantial risk of sexual conduct harmful to the
95	88		child; or
96	89		(e) placing a child in or failing to
97	90		remove the child from a situation in which the child would be
98	91		exposed to acts or omissions that constitute abuse under
99	92		Subdivision (1)(E), (F), (G), (H), or (K) committed against another
100	93		child;
101	94		(iii) the failure by the person responsible
102	95		for a child's care, custody, or welfare to permit the child to
103	96		return to the child's home without arranging for the necessary care
104	97		for the child after the child has been absent from the home for any
105	98		reason, including having been in residential placement or having
106	99		run away; or
107	100		(iv) a negligent act or omission by an
108	101		employee, volunteer, or other individual working under the auspices
109	102		of a facility or program, including failure to comply with an
110	103		individual treatment plan, plan of care, or individualized service
111	104		plan, that causes or may cause substantial emotional harm or
112	105		physical injury to, or the death of, a child served by the facility
113	106		or program as further described by rule or policy; and
114	107		(B) does not include:
115	108		(i) the refusal by a person responsible for
116	109		a child's care, custody, or welfare to permit the child to remain in
117	110		or return to the child's home resulting in the placement of the
118	111		child in the conservatorship of the department if:
119	112		(a) [(i)] the child has a severe
120	113		emotional disturbance;
121	114		(b) [(ii)] the person's refusal is
122	115		based solely on the person's inability to obtain mental health
123	116		services necessary to protect the safety and well-being of the
124	117		child; and
125	118		(c) [(iii)] the person has exhausted
126	119		all reasonable means available to the person to obtain the mental
127	120		health services described by Sub-subparagraph (b); or
128	121		(ii) the decision by a person responsible
129		-	for a child's care, custody, or welfare, after taking reasonable
130		-	precautionary measures, to permit the child, if the child is of
131		-	sufficient maturity, physical condition, and mental ability to
132		-	avoid substantial risk of physical harm, to engage in independent
133		-	activities, including:
	122	+	for a child's care, custody, or welfare to permit the child, if the
	123	+	child is of sufficient maturity, physical condition, and mental
	124	+	ability to avoid substantial risk of physical harm, to engage in
	125	+	independent activities, including:
134	126		(a) traveling to and from the child's
135	127		home and school, including by walking, running, or bicycling;
136	128		(b) traveling to and from the child's
137	129		home and a commercial or recreational facility near to the child's
138	130		home;
139	131		(c) engaging in outdoor play;
140	132		(d) remaining at the child's home
141	133		unattended; or
142		-	(e) engaging in other activities that
143		-	are generally accepted as suitable for a child's age or level of
144		-	maturity or that are developmentally appropriate for a child based
145		-	on the development of cognitive, emotional, physical, and
146		-	behavioral capacities typical for the age or age group
147		-	[Subparagraph (ii)].
	134	+	(e) engaging in other age-appropriate
	135	+	normalcy activities as defined by Section 264.001 [Subparagraph
	136	+	(ii)].
148	137		SECTION 4. Section 262.001, Family Code, is amended by
149		-	adding Subsections (c) and (d) to read as follows:
150		-	(c) In determining whether the actions taken by a
151		-	governmental entity to prevent or eliminate the need to remove a
152		-	child from the child's home constitute the reasonable efforts
153		-	required by this chapter, the court shall consider whether:
154		-	(1) the actions are consistent with the circumstances;
155		-	(2) the actions provide for the safety of the child;
156		-	and
157		-	(3) the governmental entity weighed the danger to the
158		-	physical health or safety of the child against the emotional
159		-	distress that may result from disrupting the parent-child
160		-	relationship by removing the child from the child's home or parent.
161		-	(d) In making a determination under Subsection (c), the
162		-	court may not:
163		-	(1) consider expert testimony; or
164		-	(2) authorize a psychological evaluation of the child
165		-	or an assessment of the child's mental health.
	138	+	adding Subsection (c) to read as follows:
	139	+	(c) In determining the reasonable efforts that are required
	140	+	to be made with respect to preventing or eliminating the need to
	141	+	remove a child from the child's home, the court shall consider
	142	+	whether the immediate danger to the physical health and safety of
	143	+	the child outweighs the emotional distress or lasting adverse
	144	+	effects on the child's mental or emotional functioning that may
	145	+	result from removing the child from the child's home or parent.
166	146		SECTION 5. Section 262.101, Family Code, is amended to read
167	147		as follows:
168	148		Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
169	149		CHILD. An original suit filed by a governmental entity that
170	150		requests permission to take possession of a child without prior
171	151		notice and a hearing must be supported by an affidavit sworn to by a
172	152		person with personal knowledge and stating facts sufficient to
173	153		satisfy a person of ordinary prudence and caution that:
174	154		(1) there is an immediate danger to the physical
175	155		health or safety of the child or the child has been a victim of
176	156		neglect or sexual abuse;
177	157		(2) continuation in the home would be contrary to the
178	158		child's welfare;
179	159		(3) there is no time, consistent with the physical
180	160		health or safety of the child, for a full adversary hearing under
181		-	Subchapter C; and
182		-	(4) reasonable efforts[, consistent with the
183		-	circumstances and providing for the safety of the child,] were made
184		-	to prevent or eliminate the need for the removal of the child.
185		-	SECTION 6. Section 262.102(a), Family Code, is amended to
186		-	read as follows:
187		-	(a) Before a court may, without prior notice and a hearing,
188		-	issue a temporary order for the conservatorship of a child under
189		-	Section 105.001(a)(1) or a temporary restraining order or
190		-	attachment of a child authorizing a governmental entity to take
191		-	possession of a child in a suit brought by a governmental entity,
192		-	the court must find that:
193		-	(1) there is an immediate danger to the physical
194		-	health or safety of the child or the child has been a victim of
195		-	neglect or sexual abuse;
196		-	(2) continuation in the home would be contrary to the
197		-	child's welfare;
198		-	(3) there is no time, consistent with the physical
199		-	health or safety of the child and the nature of the emergency, for a
200		-	full adversary hearing under Subchapter C; and
201		-	(4) reasonable efforts[, consistent with the
202		-	circumstances and providing for the safety of the child,] were made
203		-	to prevent or eliminate the need for removal of the child.
204		-	SECTION 7. Section 262.105(b), Family Code, is amended to
	161	+	Subchapter C; [and]
	162	+	(4) reasonable efforts, consistent with the
	163	+	circumstances and providing for the safety of the child, were made
	164	+	to prevent or eliminate the need for the removal of the child; and
	165	+	(5) the immediate danger to the physical health and
	166	+	safety of the child outweighs the emotional distress or lasting
	167	+	adverse effects on the child's mental or emotional functioning that
	168	+	may result from removing the child from the child's home or parent.
	169	+	SECTION 6. Section 262.105(b), Family Code, is amended to
205	170		read as follows:
206	171		(b) An original suit filed by a governmental entity after
207	172		taking possession of a child under Section 262.104 must be
208	173		supported by an affidavit stating facts sufficient to satisfy a
209	174		person of ordinary prudence and caution that:
210	175		(1) based on the affiant's personal knowledge or on
211	176		information furnished by another person corroborated by the
212	177		affiant's personal knowledge, one of the following circumstances
213	178		existed at the time the child was taken into possession:
214	179		(A) there was an immediate danger to the physical
215	180		health or safety of the child;
216	181		(B) the child was the victim of sexual abuse or of
217	182		trafficking under Section 20A.02 or 20A.03, Penal Code;
218	183		(C) the parent or person who had possession of
219	184		the child was using a controlled substance as defined by Chapter
220	185		481, Health and Safety Code, and the use constituted an immediate
221	186		danger to the physical health or safety of the child; or
222	187		(D) the parent or person who had possession of
223	188		the child permitted the child to remain on premises used for the
224	189		manufacture of methamphetamine; and
225	190		(2) based on the affiant's personal knowledge:
226	191		(A) continuation of the child in the home would
227	192		have been contrary to the child's welfare;
228	193		(B) there was no time, consistent with the
229	194		physical health or safety of the child, for a full adversary hearing
230		-	under Subchapter C; and
231		-	(C) reasonable efforts[, consistent with the
232		-	circumstances and providing for the safety of the child,] were made
233		-	to prevent or eliminate the need for the removal of the child.
234		-	SECTION 8. Section 262.107(a), Family Code, is amended to
235		-	read as follows:
236		-	(a) The court shall order the return of the child at the
237		-	initial hearing regarding a child taken in possession without a
238		-	court order by a governmental entity unless the court is satisfied
239		-	that:
240		-	(1) the evidence shows that one of the following
241		-	circumstances exists:
242		-	(A) there is a continuing danger to the physical
243		-	health or safety of the child if the child is returned to the
244		-	parent, managing conservator, possessory conservator, guardian,
245		-	caretaker, or custodian who is presently entitled to possession of
246		-	the child;
247		-	(B) the child has been the victim of sexual abuse
248		-	or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one
249		-	or more occasions and that there is a substantial risk that the
250		-	child will be the victim of sexual abuse or of trafficking in the
251		-	future;
252		-	(C) the parent or person who has possession of
253		-	the child is currently using a controlled substance as defined by
254		-	Chapter 481, Health and Safety Code, and the use constitutes an
255		-	immediate danger to the physical health or safety of the child; or
256		-	(D) the parent or person who has possession of
257		-	the child has permitted the child to remain on premises used for the
258		-	manufacture of methamphetamine;
259		-	(2) continuation of the child in the home would be
260		-	contrary to the child's welfare; and
261		-	(3) reasonable efforts[, consistent with the
262		-	circumstances and providing for the safety of the child,] were made
263		-	to prevent or eliminate the need for removal of the child.
264		-	SECTION 9. Section 262.113, Family Code, is amended to read
	195	+	under Subchapter C; [and]
	196	+	(C) reasonable efforts, consistent with the
	197	+	circumstances and providing for the safety of the child, were made
	198	+	to prevent or eliminate the need for the removal of the child; and
	199	+	(D) the immediate danger to the physical health
	200	+	and safety of the child outweighs the emotional distress or lasting
	201	+	adverse effects on the child's mental or emotional functioning that
	202	+	may result from removing the child from the child's home or parent.
	203	+	SECTION 7. Section 262.113, Family Code, is amended to read
265	204		as follows:
266	205		Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
267	206		CHILD. An original suit filed by a governmental entity that
268	207		requests to take possession of a child after notice and a hearing
269	208		must be supported by an affidavit sworn to by a person with personal
270	209		knowledge and stating facts sufficient to satisfy a person of
271	210		ordinary prudence and caution that:
272	211		(1) there is a continuing danger to the physical
273	212		health or safety of the child caused by an act or failure to act of
274	213		the person entitled to possession of the child and that allowing the
275	214		child to remain in the home would be contrary to the child's
276		-	welfare; and
277		-	(2) reasonable efforts[, consistent with the
278		-	circumstances and providing for the safety of the child,] have been
	215	+	welfare; [and]
	216	+	(2) reasonable efforts, consistent with the
	217	+	circumstances and providing for the safety of the child, have been
279	218		made to prevent or eliminate the need to remove the child from the
280		-	child's home.
281		-	SECTION 10. Section 262.116(a), Family Code, is amended to
	219	+	child's home; and
	220	+	(3) the immediate danger to the physical health and
	221	+	safety of the child outweighs the emotional distress or lasting
	222	+	adverse effects on the child's mental or emotional functioning that
	223	+	may result from removing the child from the child's home or parent.
	224	+	SECTION 8. Section 262.116(a), Family Code, is amended to
282	225		read as follows:
283	226		(a) The Department of Family and Protective Services may not
284	227		take possession of a child under this subchapter based on evidence
285	228		that the parent:
286	229		(1) homeschooled the child;
287	230		(2) is economically disadvantaged;
288	231		(3) has been charged with a nonviolent misdemeanor
289	232		offense other than:
290	233		(A) an offense under Title 5, Penal Code;
291	234		(B) an offense under Title 6, Penal Code; or
292	235		(C) an offense that involves family violence, as
293	236		defined by Section 71.004 of this code;
294	237		(4) provided or administered low-THC cannabis to a
295	238		child for whom the low-THC cannabis was prescribed under Chapter
296	239		169, Occupations Code; [or]
297	240		(5) declined immunization for the child for reasons of
298	241		conscience, including a religious belief; or
299		-	(6) after taking reasonable precautionary measures,
300		-	allowed a child, who is of sufficient maturity, physical condition,
301		-	and mental ability to avoid substantial risk of physical harm, to
302		-	engage in independent activities, including:
	242	+	(6) allowed a child, who is of sufficient maturity,
	243	+	physical condition, and mental ability to avoid substantial risk of
	244	+	physical harm, to engage in independent activities, including:
303	245		(A) traveling to and from the child's home and
304	246		school, including by walking, running, or bicycling;
305	247		(B) traveling to and from the child's home and a
306	248		commercial or recreational facility near to the child's home;
307	249		(C) engaging in outdoor play;
308	250		(D) remaining at the child's home unattended; or
309		-	(E) engaging in other activities that are
310		-	generally accepted as suitable for a child's age or level of
311		-	maturity or that are developmentally appropriate for a child based
312		-	on the development of cognitive, emotional, physical, and
313		-	behavioral capacities typical for the age or age group.
314		-	SECTION 11. Section 262.201, Family Code, is amended by
	251	+	(E) engaging in other age-appropriate normalcy
	252	+	activities as defined by Section 264.001.
	253	+	SECTION 9. Section 262.201(a), Family Code, as amended by
	254	+	Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the 85th
	255	+	Legislature, Regular Session, 2017, is reenacted and amended to
	256	+	read as follows:
	257	+	(a) In a suit filed under Section 262.101 or 262.105, unless
	258	+	the child has already been returned to a [the] parent, managing
	259	+	conservator, possessory conservator, guardian, caretaker, or
	260	+	custodian entitled to possession and the temporary order, if any,
	261	+	has been dissolved, a full adversary hearing shall be held not later
	262	+	than the 14th day after the date the child was taken into possession
	263	+	by the governmental entity, unless the court grants an extension
	264	+	under Subsection (e) or (e-1).
	265	+	SECTION 10. Section 262.201, Family Code, is amended by
315	266		amending Subsections (e-1), (g), (h), (j), and (n) and adding
316		-	Subsections (g-1)~~, (j-1),~~ and (q) to read as follows:
	267	+	Subsections (g-1) and (n-1) to read as follows:
317	268		(e-1) If a parent who is not indigent appears in opposition
318	269		to the suit, the court may, for good cause shown, postpone the full
319	270		adversary hearing for not more than seven days from the date of the
320	271		parent's appearance to allow the parent to hire an attorney or to
321	272		provide the parent's attorney time to respond to the petition and
322	273		prepare for the hearing. A postponement under this subsection is
323	274		subject to the limits and requirements prescribed by Subsection (e)
324	275		and Section 155.207.
325	276		(g) In a suit filed under Section 262.101 or 262.105, at the
326	277		conclusion of the full adversary hearing, the court shall order the
327		-	return of the child to the parent, managing conservator, possessory
328		-	conservator, guardian, caretaker, or custodian entitled to
329		-	possession from whom the child is removed unless the court finds
330		-	[sufficient evidence to satisfy a person of ordinary prudence and
331		-	caution] that:
	278	+	return of the child to a [the] parent, managing conservator,
	279	+	possessory conservator, guardian, caretaker, or custodian entitled
	280	+	to possession unless the court finds [sufficient evidence to
	281	+	satisfy a person of ordinary prudence and caution] that:
332	282		(1) there was a danger to the physical health or safety
333	283		of the child, including a danger that the child would be a victim of
334	284		trafficking under Section 20A.02 or 20A.03, Penal Code, which was
335	285		caused by an act or failure to act of the person entitled to
336	286		possession and for the child to remain in the home is contrary to
337	287		the welfare of the child;
338	288		(2) the urgent need for protection required the
339		-	immediate removal of the child and reasonable efforts[, consistent
340		-	with the circumstances and providing for the safety of the child,]
341		-	were made to eliminate or prevent the child's removal; and
	289	+	immediate removal of the child and reasonable efforts, consistent
	290	+	with the circumstances and providing for the safety of the child,
	291	+	were made to eliminate or prevent the child's removal; [and]
342	292		(3) reasonable efforts have been made to enable the
343		-	child to return home, including efforts weighing the danger to the
344		-	physical health or safety of the child if returned against the
345		-	emotional distress that may result from disrupting the parent-child
346		-	relationship by the continued removal of the child from the child's
347		-	home or parent, but there is a substantial risk of a continuing
348		-	danger if the child is returned home.
	293	+	child to return home, but there is a substantial risk of a
	294	+	continuing danger if the child is returned home; and
	295	+	(4) the substantial risk of continuing danger to the
	296	+	physical health and safety of the child outweighs the emotional
	297	+	distress or lasting adverse effects on the child's mental or
	298	+	emotional functioning that may result from removing the child from
	299	+	the child's home or parent.
349	300		(g-1) In a suit filed under Section 262.101 or 262.105, if
350	301		the court does not order the return of the child under Subsection
351	302		(g) and finds that another parent, managing conservator, possessory
352	303		conservator, guardian, caretaker, or custodian entitled to
353	304		possession did not cause the immediate danger to the physical
354	305		health or safety of the child or was not the perpetrator of the
355		-	neglect or abuse alleged in the suit, the court shall ~~order~~
356		-	possession of the child by that person unless the court finds,
	306	+	neglect or abuse alleged in the suit, the court shall grant
	307	+	possession of the child to that person unless the court finds,
357	308		specific to each person entitled to possession, that:
358	309		(1) the person cannot be located after the exercise of
359		-	due diligence by the Department of Family and Protective Services
360		-	or the person is unable or unwilling to take possession of the
361		-	child; or
362		-	(2) reasonable efforts have been made to enable the
363		-	person's possession of the child, but possession by that person
	310	+	due diligence by the department or the person is unable or unwilling
	311	+	to take possession of the child; or
	312	+	(2) granting possession of the child to that person
364	313		presents a continuing danger to the physical health or safety of the
365	314		child caused by an act or failure to act of the person, including a
366	315		danger that the child would be a victim of trafficking under Section
367	316		20A.02 or 20A.03, Penal Code.
368	317		(h) In a suit filed under Section 262.101 or 262.105, if the
369		-	court finds sufficient evidence to make the applicable finding
370		-	under Subsection (g) or (g-1) [satisfy a person of ordinary
371		-	prudence and caution that there is a continuing danger to the
372		-	physical health or safety of the child and for the child to remain
373		-	in the home is contrary to the welfare of the child], the court
374		-	shall issue an appropriate temporary order under Chapter 105.
	318	+	court finds sufficient evidence [to satisfy a person of ordinary
	319	+	prudence and caution] that there is a continuing danger to the
	320	+	physical health or safety of the child, [and] for the child to
	321	+	remain in the person's home is contrary to the welfare of the child,
	322	+	and the immediate danger to the physical health and safety of the
	323	+	child outweighs the emotional distress or lasting adverse effects
	324	+	on the child's mental or emotional functioning that may result from
	325	+	removing the child from the child's home or parent, the court shall
	326	+	issue an appropriate temporary order under Chapter 105.
375	327		(j) In a suit filed under Section 262.113, at the conclusion
376	328		of the full adversary hearing, the court shall issue an appropriate
377	329		temporary order under Chapter 105 if the court finds, with respect
378		-	to the parent, managing conservator, possessory conservator,
379		-	guardian, caretaker, or custodian entitled to possession from whom
380		-	the Department of Family and Protective Services is seeking
381		-	removal, [sufficient evidence to satisfy a person of ordinary
382		-	prudence and caution] that:
	330	+	to each parent, managing conservator, possessory conservator,
	331	+	guardian, caretaker, or custodian entitled to possession,
	332	+	[sufficient evidence to satisfy a person of ordinary prudence and
	333	+	caution] that:
383	334		(1) there is a continuing danger to the physical
384	335		health or safety of the child caused by an act or failure to act of
385	336		the person entitled to possession of the child and continuation of
386	337		the child in the person's home would be contrary to the child's
387		-	welfare; and
388		-	(2) reasonable efforts[, consistent with the
389		-	circumstances and providing for the safety of the child,] were made
390		-	to prevent or eliminate the need for the removal of the child.
391		-	(j-1) In a suit filed under Section 262.113, if the court
392		-	orders the removal of the child under Subsection (j) and finds that
393		-	another parent, managing conservator, possessory conservator,
394		-	guardian, caretaker, or custodian entitled to possession did not
395		-	cause the continuing danger to the physical health or safety of the
396		-	child or was not the perpetrator of the neglect or abuse alleged in
397		-	the suit, the court shall order possession of the child by that
398		-	person unless the court finds, specific to each person entitled to
399		-	possession, that:
400		-	(1) the person cannot be located after the exercise of
401		-	due diligence by the Department of Family and Protective Services
402		-	or the person is unable or unwilling to take possession of the
403		-	child; or
404		-	(2) reasonable efforts have been made to enable the
405		-	person's possession of the child, but possession by that person
406		-	presents a continuing danger to the physical health or safety of the
407		-	child caused by an act or failure to act of the person, including a
408		-	danger that the child would be a victim of trafficking under Section
409		-	20A.02 or 20A.03, Penal Code.
410		-	(n) If the [The] court does not order possession of [shall
411		-	place] a child by a [removed from the child's custodial parent with
412		-	the child's noncustodial] parent, managing conservator, possessory
413		-	conservator, guardian, caretaker, or custodian entitled to
414		-	possession under Subsection (g), (g-1), (j), or (j-1), the court
415		-	shall place the child [or] with a relative of the child [if
416		-	placement with the noncustodial parent is inappropriate,] unless
417		-	the court finds that the placement with [the noncustodial parent
418		-	or] a relative is not in the best interest of the child.
419		-	(q) On receipt of a written request for possession of the
420		-	child from a parent, managing conservator, possessory conservator,
421		-	guardian, caretaker, or custodian entitled to possession of the
422		-	child who was not located before the adversary hearing, the
423		-	Department of Family and Protective Services shall notify the court
424		-	and request a hearing to determine whether the parent, managing
425		-	conservator, possessory conservator, guardian, caretaker, or
426		-	custodian is entitled to possession of the child under Subsection
427		-	(g-1) or (j-1).
428		-	SECTION 12. Section 263.002, Family Code, is amended by
	338	+	welfare; [and]
	339	+	(2) reasonable efforts, consistent with the
	340	+	circumstances and providing for the safety of the child, were made
	341	+	to prevent or eliminate the need for the removal of the child; and
	342	+	(3) the immediate danger to the physical health and
	343	+	safety of the child outweighs the emotional distress or lasting
	344	+	adverse effects on the child's mental or emotional functioning that
	345	+	may result from removing the child from the child's home or parent.
	346	+	(n) The court shall place a child removed from the child's
	347	+	custodial parent with the child's noncustodial parent [or with a
	348	+	relative of the child if placement with the noncustodial parent is
	349	+	inappropriate,] unless the court finds that placement with the
	350	+	noncustodial parent [or a relative] is not in the best interest of
	351	+	the child because the placement would significantly impair the
	352	+	child's physical health or emotional development.
	353	+	(n-1) If the court does not place a child with a parent,
	354	+	managing conservator, possessory conservator, guardian, caretaker,
	355	+	or custodian entitled to possession under Subsection (g) or (g-1),
	356	+	the court shall place the child with a relative of the child unless
	357	+	the court finds that the placement with a relative is not in the
	358	+	best interest of the child.
	359	+	SECTION 11. Section 263.002, Family Code, is amended by
429	360		amending Subsection (c) and adding Subsection (d) to read as
430	361		follows:
431	362		(c) At each permanency hearing before the final order, the
432	363		court shall review the placement of each child in the temporary
433	364		managing conservatorship of the department who has not been
434	365		returned to the child's home. At the end of the hearing, the court
435	366		shall order the department to return the child to the child's parent
436	367		or parents unless the court finds, with respect to each parent,
437	368		that:
438	369		(1) there is a continuing danger to the physical
439	370		health or safety of the child; and
440	371		(2) returning the child to the child's parent or
441	372		parents [The court shall make a finding on whether returning the
442	373		child to the child's home is safe and appropriate, whether the
443	374		return is in the best interest of the child, and whether it] is
444	375		contrary to the welfare of the child [for the child to return home].
445		-	(d) This section does not prohibit the court from rendering
446		-	an order under Section 263.403.
447		-	SECTION 13. Subchapter E, Chapter 263, Family Code, is
	376	+	(d) If the court renders an order to return the child to the
	377	+	child's parent or parents under Section 263.403, the court may
	378	+	retain jurisdiction as provided by that section and not dismiss the
	379	+	suit or render a final order as required by Section 263.401.
	380	+	SECTION 12. Subchapter E, Chapter 263, Family Code, is
448	381		amended by adding Section 263.4011 to read as follows:
449	382		Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On
450		-	timely commencement of the trial on the merits ~~required by~~ Section
	383	+	timely commencement of the trial on the merits under Section
451	384		263.401, the court shall render a final order not later than the
452	385		90th day after the date the trial commences.
453	386		(b) The 90-day period for rendering a final order under
454	387		Subsection (a) is not tolled for any recess during the trial.
455	388		(c) If the court finds that extraordinary circumstances
456	389		necessitate extending the 90-day period under Subsection (a), the
457		-	court may ~~grant one extension of~~ that date for not longer than 30
458		-	~~days. The court~~ shall render a written order:
	390	+	court may extend that date for not longer than 30 days. The court
	391	+	shall render a written order:
459	392		(1) specifying the grounds on which the extension is
460	393		granted; and
461	394		(2) requiring a final order to be rendered not later
462	395		than the 30th day after the date the extension is granted.
463	396		(d) A party may file a mandamus proceeding if the court
464	397		fails to render a final order within the time required by this
465	398		section.
466		-	SECTION 14. Section 263.403(a-1), Family Code, is amended
467		-	to read as follows:
468		-	(a-1) Unless the court has granted an extension under
469		-	Section 263.401(b), the department or the parent may request the
470		-	court to retain jurisdiction for an additional six months as
471		-	necessary for a parent to complete the remaining requirements under
472		-	[in] a service plan [and specified] in a transition monitored
473		-	return under Subsection (a)(2)(B) [the temporary order that are
474		-	mandatory for the child's return].
475		-	SECTION 15. Section 263.404(a), Family Code, is amended to
	399	+	SECTION 13. Section 263.404(a), Family Code, is amended to
476	400		read as follows:
477	401		(a) The court may render a final order appointing the
478	402		department as managing conservator of the child without terminating
479	403		the rights of the parent of the child if the court finds that:
480	404		(1) appointment of a parent as managing conservator
481	405		would not be in the best interest of the child because the
482	406		appointment would significantly impair the child's physical health
483	407		or emotional development; [and]
484	408		(2) it would not be in the best interest of the child
485	409		to appoint a relative of the child or another person as managing
486	410		conservator; and
487	411		(3) if the child has previously been in the
488	412		conservatorship of the department, there is sufficient evidence to
489	413		demonstrate that termination of parental rights to the child is not
490	414		possible or not in the child's best interest.
491		-	SECTION 16. Section 263.405, Family Code, is amended by
492		-	adding Subsection (d) to read as follows:
493		-	(d) A party, regardless of whether the party is represented
494		-	by counsel, must sign the notice of appeal of a final order rendered
495		-	under this subchapter and provide on the notice the party's mailing
496		-	address, telephone number, e-mail address, and any fax number.
497		-	SECTION 17. Section 264.203, Family Code, is amended to
	415	+	SECTION 14. Sections 263.501(a) and (b), Family Code, are
	416	+	amended to read as follows:
	417	+	(a) If the department has been named as a child's managing
	418	+	conservator in a final order that does not include termination of
	419	+	parental rights, the court shall conduct a permanency hearing after
	420	+	the final order is rendered at least once every six months until the
	421	+	department is no longer the child's managing conservator. If the
	422	+	child's permanency goal is conservatorship with a relative or other
	423	+	designated caregiver that includes a permanency care assistance
	424	+	agreement with the department, the court shall conduct additional
	425	+	permanency hearings at least once every 90 days until an order
	426	+	dismissing the department as the child's conservator is rendered.
	427	+	(b) If the department has been named as a child's managing
	428	+	conservator in a final order that terminates a parent's parental
	429	+	rights, the court shall conduct a permanency hearing not later than
	430	+	the 90th day after the date the court renders the final order. The
	431	+	court shall conduct additional permanency hearings at least once
	432	+	every six months until the department is no longer the child's
	433	+	managing conservator. If the child's permanency goal is adoption
	434	+	or conservatorship with a relative or other designated caregiver
	435	+	that includes a permanency care assistance agreement with the
	436	+	department, the court shall conduct additional permanency hearings
	437	+	at least once every 90 days until an adoption order or an order
	438	+	dismissing the department as the child's conservator is rendered.
	439	+	SECTION 15. Section 264.203, Family Code, is amended to
498	440		read as follows:
499	441		Sec. 264.203. REQUIRED PARTICIPATION. (a) The department
500	442		may file a suit requesting [Except as provided by Subsection (d),]
501	443		the court to render a temporary [on request of the department may]
502	444		order requiring the parent, managing conservator, guardian, or
503	445		other member of the [subject] child's household to:
504	446		(1) participate in the services for which the
505	447		department makes a referral or services the department provides or
506	448		purchases for:
507	449		(A) alleviating the effects of the abuse or
508	450		neglect that has occurred; or
509	451		(B) reducing a continuing danger to the physical
510	452		health or safety of the child caused by an act or failure to act of
511	453		the parent, managing conservator, guardian, or other member of the
512	454		child's household [the reasonable likelihood that the child may be
513	455		abused or neglected in the immediate or foreseeable future]; and
514	456		(2) permit the child and any siblings of the child to
515	457		receive the services.
516	458		(b) A suit requesting an order under this section may be
517	459		filed in a court with jurisdiction to hear the suit in the county in
518	460		which the child is located [The department may request the court to
519	461		order the parent, managing conservator, guardian, or other member
520	462		of the child's household to participate in the services whether the
521	463		child resides in the home or has been removed from the home].
522	464		(c) Except as otherwise provided by this subchapter, the
523	465		suit is governed by the Texas Rules of Civil Procedure applicable to
524	466		the filing of an original lawsuit [If the person ordered to
525	467		participate in the services fails to follow the court's order, the
526	468		court may impose appropriate sanctions in order to protect the
527	469		health and safety of the child, including the removal of the child
528	470		as specified by Chapter 262].
529		-	(d) The petition shall be supported by a sworn affidavit by
530		-	a person based on personal knowledge and stating facts sufficient
531		-	to support a finding that:
	471	+	(d) The petition shall be supported by an affidavit by a
	472	+	person based on personal knowledge or the person's belief based on
	473	+	representations made to the person by a person with personal
	474	+	knowledge and stating facts sufficient to support a finding that:
532	475		(1) the child has been a victim of abuse or neglect or
533	476		is at substantial risk of abuse or neglect; and
534	477		(2) there is a continuing danger to the physical
535	478		health or safety of the child caused by an act or failure to act of
536	479		the parent, managing conservator, guardian, or other member of the
537	480		child's household unless that person participates in services
538	481		requested by the department [If the court does not order the person
539	482		to participate, the court in writing shall specify the reasons for
540	483		not ordering participation].
541	484		(e) In a suit filed under this section, the court may render
542	485		a temporary restraining order as provided by Section 105.001.
543	486		(f) The court shall hold a hearing on the petition not later
544		-	than the 14th day after the date the petition is filed unless the
545		-	court finds good cause for extending that date for not more than 14
546		-	days.
	487	+	than the 14th day after the date the petition is filed.
547	488		(g) The court shall appoint an attorney ad litem to
548	489		represent the interests of the child immediately after the filing
549	490		but before the hearing to ensure adequate representation of the
550	491		child. The attorney ad litem for the child shall have the powers
551	492		and duties of an attorney ad litem for a child under Chapter 107.
552	493		(h) The court shall appoint an attorney ad litem to
553	494		represent the interests of a parent for whom participation in
554	495		services is being requested immediately after the filing but before
555	496		the hearing to ensure adequate representation of the parent. The
556	497		attorney ad litem for the parent shall have the powers and duties of
557	498		an attorney ad litem for a parent under Section 107.0131.
558	499		(i) Before commencement of the hearing, the court shall
559	500		inform each parent of:
560	501		(1) the parent's right to be represented by an
561	502		attorney; and
562	503		(2) for a parent who is indigent and appears in
563	504		opposition to the motion, the parent's right to a court-appointed
564	505		attorney.
565	506		(j) If a parent claims indigence, the court shall require
566	507		the parent to complete and file with the court an affidavit of
567	508		indigence. The court may consider additional evidence to determine
568	509		whether the parent is indigent, including evidence relating to the
569	510		parent's income, source of income, assets, property ownership,
570	511		benefits paid in accordance with a federal, state, or local public
571	512		assistance program, outstanding obligations, and necessary
572	513		expenses and the number and ages of the parent's dependents. If the
573	514		court determines the parent is indigent, the attorney ad litem
574	515		appointed to represent the interests of the parent may continue the
575	516		representation. If the court determines the parent is not
576	517		indigent, the court shall discharge the attorney ad litem from the
577		-	appointment after the hearing and shall order the parent to pay the
578		-	cost of the attorney ad litem's representation.
	518	+	appointment after the hearing.
579	519		(k) The court may, for good cause shown, postpone any
580	520		subsequent proceedings for not more than seven days after the date
581	521		of the attorney ad litem's discharge to allow the parent to hire an
582	522		attorney or to provide the parent's attorney time to prepare for the
583	523		subsequent proceeding.
584	524		(l) An order may not be rendered under this section except
585	525		after notice and hearing.
586	526		(m) At the conclusion of the hearing, the court shall deny
587	527		the petition unless the court finds by a preponderance of evidence
588	528		that:
589	529		(1) abuse or neglect has occurred or there is a
590	530		continuing danger to the physical health or safety of the child
591	531		caused by an act or failure to act of the person entitled to
592	532		possession; and
593	533		(2) services to the family are necessary to ensure the
594	534		safety of the child.
595	535		(n) If the court finds sufficient evidence under Subsection
596	536		(m), the court shall:
597		-	(1) state its findings in the order;
	537	+	(1) state its findings of fact in the order;
598	538		(2) make appropriate temporary orders under Chapter
599	539		105 necessary to ensure the safety of the child; and
600	540		(3) order the participation in specific services
601	541		narrowly tailored to address the findings made by the court under
602	542		Subsection (m).
603		-	(o) Not later than the ~~90th~~ day after the date the court
	543	+	(o) Not later than the 60th day after the date the court
604	544		renders an order under this section, the court shall hold a status
605	545		hearing to review the status of each party and the child and the
606	546		services provided, purchased, or referred for the family. The
607		-	court shall set subsequent review hearings every 90 days to review
	547	+	court shall set subsequent review hearings every 60 days to review
608	548		the continued need for the order.
609	549		(p) An order rendered under this section expires on the
610	550		180th day after the date the order is signed unless it is renewed as
611	551		provided by Subsection (q).
612	552		(q) The court may renew an order rendered under this section
613	553		on a showing by the department of a continuing need for the order,
614	554		after notice and hearing. The order may be renewed only one time
615	555		for not longer than 180 days.
616	556		(r) At any time, a party affected by the order may request
617	557		the court to terminate the order. The court shall terminate the
618	558		order on a finding that there is no longer a need for the order.
619		-	SECTION 18. Section 262.201(a-5), Family Code, is repealed.
620		-	SECTION 19. The changes in law made by this Act apply only
	559	+	SECTION 16. Section 262.201(a-5), Family Code, is repealed.
	560	+	SECTION 17. The changes in law made by this Act apply only
621	561		to a suit filed by the Department of Family and Protective Services
622	562		on or after the effective date of this Act. A suit filed by the
623	563		department before that date is governed by the law in effect on the
624	564		date the suit was filed, and the former law is continued in effect
625	565		for that purpose.
626		-	SECTION 20. To the extent of any conflict, this Act prevails
	566	+	SECTION 18. To the extent of any conflict, this Act prevails
627	567		over another Act of the 86th Legislature, Regular Session, 2019,
628	568		relating to nonsubstantive additions to and corrections in enacted
629	569		codes.
630		-	SECTION 21. This Act takes effect October 1, 2019.
631		-	* * * * *
	570	+	SECTION 19. This Act takes effect October 1, 2019.