Texas 2021 - 87th Regular

Texas House Bill HB1700 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R7327 MLH-F
2	2	By: Gates H.B. No. 1700
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures in suits affecting the parent-child
8	8	relationship filed by the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 102.008(b), Family Code, is amended to
12	12	read as follows:
13	13	(b) The petition must include:
14	14	(1) a statement that:
15	15	(A) the court in which the petition is filed has
16	16	continuing, exclusive jurisdiction or that no court has continuing
17	17	jurisdiction of the suit; or
18	18	(B) in a suit in which adoption of a child is
19	19	requested, the court in which the petition is filed has
20	20	jurisdiction of the suit under Section 103.001(b);
21	21	(2) the name and date of birth of the child, except
22	22	that if adoption of a child is requested, the name of the child may
23	23	be omitted;
24	24	(3) the full name of the petitioner and the
25	25	petitioner's relationship to the child or the fact that no
26	26	relationship exists;
27	27	(4) the names of the parents, except in a suit in which
28	28	adoption is requested;
29	29	(5) the name of the managing conservator, if any, or
30	30	the child's custodian, if any, appointed by order of a court of
31	31	another state or country;
32	32	(6) the names of the guardians of the person and estate
33	33	of the child, if any;
34	34	(7) the names of possessory conservators or other
35	35	persons, if any, having possession of or access to the child under
36	36	an order of the court;
37	37	(8) the name of an alleged father of the child or a
38	38	statement that the identity of the father of the child is unknown;
39	39	(9) a full description and statement of value of all
40	40	property owned or possessed by the child;
41	41	(10) a statement describing what action the court is
42	42	requested to take concerning the child and the statutory grounds on
43	43	which the request is made;
44	44	(11) in a suit under Chapter 161, 261, or 262, a
45	45	separate statement describing the particular statutory grounds of
46	46	abuse or neglect alleged as to each applicable child;
47	47	(12) a statement as to whether, in regard to a party to
48	48	the suit or a child of a party to the suit:
49	49	(A) there is in effect:
50	50	(i) a protective order under Title 4;
51	51	(ii) a protective order under Subchapter A,
52	52	Chapter 7B, Code of Criminal Procedure; or
53	53	(iii) an order for emergency protection
54	54	under Article 17.292, Code of Criminal Procedure; or
55	55	(B) an application for an order described by
56	56	Paragraph (A) is pending; and
57	57	(13) [(12)] any other information required by this
58	58	title.
59	59	SECTION 2. Chapter 102, Family Code, is amended by adding
60	60	Section 102.0082 to read as follows:
61	61	Sec. 102.0082. FRIVOLOUS PLEADINGS AND MOTIONS BY
62	62	DEPARTMENT. A petition or motion filed by the Department of Family
63	63	and Protective Services in a suit under Chapter 161, 261, or 262 is
64	64	subject to Chapter 10, Civil Practice and Remedies Code, and Rule
65	65	13, Texas Rules of Civil Procedure.
66	66	SECTION 3. Subchapter D, Chapter 261, Family Code, is
67	67	amended by adding Section 261.3111 to read as follows:
68	68	Sec. 261.3111. NOTICE REQUIRED ON INITIAL CONTACT WITH
69	69	INDIVIDUAL SUBJECT TO INVESTIGATION. (a) At the time of the
70	70	initial contact with an individual subject to an investigation
71	71	under this chapter, or with the individual's legal representative,
72	72	the department shall notify the individual or the legal
73	73	representative of the complaints or allegations made against the
74	74	individual by reading or otherwise providing the complete report
75	75	made concerning the individual in a manner that is consistent with
76	76	any laws protecting the rights of the informant.
77	77	(b) The department shall give the notice required by
78	78	Subsection (a) regardless of the manner in which the initial
79	79	contact is made, including contact by telephone, by e-mail or other
80	80	electronic communication, or in person.
81	81	(c) The department shall provide a written copy of the
82	82	notice required by this section on request of the individual
83	83	subject to an investigation under this chapter or the individual's
84	84	legal representative.
85	85	SECTION 4. Sections 262.201(g), (h), and (j), Family Code,
86	86	are amended to read as follows:
87	87	(g) In a suit filed under Section 262.101 or 262.105, at the
88	88	conclusion of the full adversary hearing, the court shall order the
89	89	return of the child to the parent, managing conservator, possessory
90	90	conservator, guardian, caretaker, or custodian entitled to
91	91	possession unless the court finds [sufficient evidence to satisfy a
92	92	person of ordinary prudence and caution] that:
93	93	(1) there was a danger to the physical health or safety
94	94	of the child, including a danger that the child would be a victim of
95	95	trafficking under Section 20A.02 or 20A.03, Penal Code, which was
96	96	caused by an act or failure to act of the person entitled to
97	97	possession and for the child to remain in the home is contrary to
98	98	the welfare of the child;
99	99	(2) the urgent need for protection required the
100	100	immediate removal of the child and reasonable efforts, consistent
101	101	with the circumstances and providing for the safety of the child,
102	102	were made to eliminate or prevent the child's removal; and
103	103	(3) reasonable efforts have been made to enable the
104	104	child to return home, but there is clear and convincing evidence of
105	105	a substantial risk of a continuing danger if the child is returned
106	106	home.
107	107	(h) In a suit filed under Section 262.101 or 262.105, if the
108	108	court finds clear and convincing evidence [sufficient evidence to
109	109	satisfy a person of ordinary prudence and caution] that there is a
110	110	continuing danger to the physical health or safety of the child and
111	111	for the child to remain in the home is contrary to the welfare of the
112	112	child, the court shall issue an appropriate temporary order under
113	113	Chapter 105.
114	114	(j) In a suit filed under Section 262.113, at the conclusion
115	115	of the full adversary hearing, the court shall issue an appropriate
116	116	temporary order under Chapter 105 if the court finds [sufficient
117	117	evidence to satisfy a person of ordinary prudence and caution
118	118	that]:
119	119	(1) clear and convincing evidence that there is a
120	120	continuing danger to the physical health or safety of the child
121	121	caused by an act or failure to act of the person entitled to
122	122	possession of the child and continuation of the child in the home
123	123	would be contrary to the child's welfare; and
124	124	(2) that reasonable efforts, consistent with the
125	125	circumstances and providing for the safety of the child, were made
126	126	to prevent or eliminate the need for the removal of the child.
127	127	SECTION 5. Subchapter C, Chapter 262, Family Code, is
128	128	amended by adding Section 262.207 to read as follows:
129	129	Sec. 262.207. INTERVIEW AND EXAMINATION OF CHILD. (a) On
130	130	the motion of a person responsible for a child's care, custody, or
131	131	welfare being investigated for abuse or neglect of the child, the
132	132	court shall render an order allowing the person's attorney to
133	133	interview the child at least 72 hours before the full adversary
134	134	hearing. A motion under this subsection may include a request to
135	135	record the child's testimony as provided by Section 104.003.
136	136	(b) On the motion of a person responsible for a child's
137	137	care, custody, or welfare being investigated for abuse or neglect
138	138	of the child, the court shall render an order allowing an
139	139	examination of the child to be performed at least 72 hours before
140	140	the full adversary hearing. The examination may include medical,
141	141	dental, educational, developmental, psychological, or psychiatric
142	142	evaluations or assessments by providers chosen by the person.
143	143	SECTION 6. Section 264.408, Family Code, is amended by
144	144	adding Subsection (d-2) to read as follows:
145	145	(d-2) In a suit filed by the department under Chapter 161 or
146	146	262, the department shall produce an electronic recording of an
147	147	interview described by Subsection (d) to the person responsible for
148	148	a child's care, custody, or welfare being investigated for abuse or
149	149	neglect. A court may not deny a request by the person to copy,
150	150	photograph, duplicate, or otherwise reproduce an electronic
151	151	recording of the interview.
152	152	SECTION 7. The change in law made by this Act applies to a
153	153	suit affecting the parent-child relationship that is pending on or
154	154	filed on or after the effective date of this Act.
155	155	SECTION 8. This Act takes effect September 1, 2021.