87R8892 MCK-D
By: Cason H.B. No. 2299
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures for taking possession of a child in a
suit affecting the parent-child relationship involving the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 262.201(g), (h), and (j), Family Code,
are amended to read as follows:
(g) In a suit filed under Section 262.101 or 262.105, at the
conclusion of the full adversary hearing, the court shall order the
return of the child to the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian entitled to
possession unless the court finds by a preponderance of the
[sufficient] evidence [to satisfy a person of ordinary prudence and
caution] that:
(1) there was a danger to the physical health or safety
of the child, including a danger that the child would be a victim of
trafficking under Section 20A.02 or 20A.03, Penal Code, which was
caused by an act or failure to act of the person entitled to
possession and for the child to remain in the home is contrary to
the welfare of the child;
(2) the urgent need for protection required the
immediate removal of the child and reasonable efforts, consistent
with the circumstances and providing for the safety of the child,
were made to eliminate or prevent the child's removal; and
(3) reasonable efforts have been made to enable the
child to return home, but there is a substantial risk of a
continuing danger if the child is returned home.
(h) In a suit filed under Section 262.101 or 262.105, if the
court finds by a preponderance of the [sufficient] evidence [to
satisfy a person of ordinary prudence and caution] that there is a
continuing danger to the physical health or safety of the child and
for the child to remain in the home is contrary to the welfare of the
child, the court shall issue an appropriate temporary order under
Chapter 105.
(j) In a suit filed under Section 262.113, at the conclusion
of the full adversary hearing, the court shall issue an appropriate
temporary order under Chapter 105 if the court finds by a
preponderance of the [sufficient] evidence [to satisfy a person of
ordinary prudence and caution] that:
(1) there is a continuing danger to the physical
health or safety of the child caused by an act or failure to act of
the person entitled to possession of the child and continuation of
the child in the home would be contrary to the child's welfare; and
(2) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for the removal of the child.
SECTION 2. Section 262.201, Family Code, as amended by this
Act, applies only to a suit filed by the Department of Family and
Protective Services on or after the effective date of this Act. A
suit filed by the department before that date 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 3. This Act takes effect September 1, 2021.