Texas 2021 - 87th Regular

Texas House Bill HB2299 Compare Versions

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

Old	New	Differences
1	1	87R8892 MCK-D
2	2	By: Cason H.B. No. 2299
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures for taking possession of a child in a
8	8	suit affecting the parent-child relationship involving the
9	9	Department of Family and Protective Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Sections 262.201(g), (h), and (j), Family Code,
12	12	are amended to read as follows:
13	13	(g) In a suit filed under Section 262.101 or 262.105, at the
14	14	conclusion of the full adversary hearing, the court shall order the
15	15	return of the child to the parent, managing conservator, possessory
16	16	conservator, guardian, caretaker, or custodian entitled to
17	17	possession unless the court finds by a preponderance of the
18	18	[sufficient] evidence [to satisfy a person of ordinary prudence and
19	19	caution] that:
20	20	(1) there was a danger to the physical health or safety
21	21	of the child, including a danger that the child would be a victim of
22	22	trafficking under Section 20A.02 or 20A.03, Penal Code, which was
23	23	caused by an act or failure to act of the person entitled to
24	24	possession and for the child to remain in the home is contrary to
25	25	the welfare of the child;
26	26	(2) the urgent need for protection required the
27	27	immediate removal of the child and reasonable efforts, consistent
28	28	with the circumstances and providing for the safety of the child,
29	29	were made to eliminate or prevent the child's removal; and
30	30	(3) reasonable efforts have been made to enable the
31	31	child to return home, but there is a substantial risk of a
32	32	continuing danger if the child is returned home.
33	33	(h) In a suit filed under Section 262.101 or 262.105, if the
34	34	court finds by a preponderance of the [sufficient] evidence [to
35	35	satisfy a person of ordinary prudence and caution] that there is a
36	36	continuing danger to the physical health or safety of the child and
37	37	for the child to remain in the home is contrary to the welfare of the
38	38	child, the court shall issue an appropriate temporary order under
39	39	Chapter 105.
40	40	(j) In a suit filed under Section 262.113, at the conclusion
41	41	of the full adversary hearing, the court shall issue an appropriate
42	42	temporary order under Chapter 105 if the court finds by a
43	43	preponderance of the [sufficient] evidence [to satisfy a person of
44	44	ordinary prudence and caution] that:
45	45	(1) there is a continuing danger to the physical
46	46	health or safety of the child caused by an act or failure to act of
47	47	the person entitled to possession of the child and continuation of
48	48	the child in the home would be contrary to the child's welfare; and
49	49	(2) reasonable efforts, consistent with the
50	50	circumstances and providing for the safety of the child, were made
51	51	to prevent or eliminate the need for the removal of the child.
52	52	SECTION 2. Section 262.201, Family Code, as amended by this
53	53	Act, applies only to a suit filed by the Department of Family and
54	54	Protective Services on or after the effective date of this Act. A
55	55	suit filed by the department before that date is governed by the law
56	56	in effect on the date the suit was filed, and the former law is
57	57	continued in effect for that purpose.
58	58	SECTION 3. This Act takes effect September 1, 2021.