Texas 2021 - 87th Regular

Texas House Bill HB2308 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Gates, et al. (Senate Sponsor - Kolkhorst) H.B. No. 2308
2		-	(In the Senate - Received from the House May 5, 2021;
3		-	May 10, 2021, read first time and referred to Committee on Health &
4		-	Human Services; May 20, 2021, reported favorably by the following
5		-	vote: Yeas 8, Nays 0; May 20, 2021, sent to printer.)
6		-	Click here to see the committee vote
	1	+	By: Gates, Frank, Leman, Minjarez, Rose, H.B. No. 2308
	2	+	et al.
7	3
8	4
9	5		A BILL TO BE ENTITLED
10	6		AN ACT
11	7		relating to procedures in certain suits affecting the parent-child
12	8		relationship filed by the Department of Family and Protective
13	9		Services.
14	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	11		SECTION 1. Section 262.101, Family Code, is amended to read
16	12		as follows:
17	13		Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
18	14		CHILD. (a) An original suit filed by a governmental entity that
19	15		requests permission to take possession of a child without prior
20	16		notice and a hearing must be supported by an affidavit sworn to by a
21	17		person with personal knowledge and stating facts sufficient to
22	18		satisfy a person of ordinary prudence and caution that:
23	19		(1) there is an immediate danger to the physical
24	20		health or safety of the child or the child has been a victim of
25	21		neglect or sexual abuse;
26	22		(2) continuation in the home would be contrary to the
27	23		child's welfare;
28	24		(3) there is no time, consistent with the physical
29	25		health or safety of the child, for a full adversary hearing under
30	26		Subchapter C; [and]
31	27		(4) the child would not be adequately protected in the
32	28		child's home with an order for the removal of the alleged
33	29		perpetrator under Section 262.1015 or 262.1016 or a protective
34	30		order issued under Title 4;
35	31		(5) placing the child with a relative or designated
36	32		caregiver or with a caregiver under a parental child safety
37	33		placement agreement authorized by Subchapter L, Chapter 264:
38	34		(A) was offered but refused;
39	35		(B) was not possible because there was no time,
40	36		consistent with the physical health or safety of the child and the
41	37		nature of the emergency, to conduct the caregiver evaluation; or
42	38		(C) would pose an immediate danger to the
43	39		physical health or safety of the child; and
44	40		(6) reasonable efforts, consistent with the
45	41		circumstances and providing for the safety of the child, were made
46	42		to prevent or eliminate the need for the removal of the child.
47	43		(b) The affidavit required by Subsection (a) must describe
48	44		all reasonable efforts that were made to prevent or eliminate the
49	45		need for the removal of the child.
50	46		SECTION 2. Subchapter B, Chapter 262, Family Code, is
51	47		amended by adding Section 262.1016 to read as follows:
52	48		Sec. 262.1016. AGREED ORDER FOR REMOVAL OF ALLEGED
53	49		PERPETRATOR. (a) An alleged perpetrator of abuse or neglect may
54	50		agree in writing to an order under Section 262.1015 requiring the
55	51		alleged perpetrator to leave the residence of the child. An
56	52		agreement under this section is subject to the approval of the
57	53		court.
58	54		(b) An agreed order under this section must contain the
59	55		following statement in boldface type and capital letters: "YOUR
60	56		AGREEMENT TO THIS ORDER IS NOT AN ADMISSION OF CHILD ABUSE OR
61	57		NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION
62	58		OF CHILD ABUSE OR NEGLECT."
63	59		(c) An agreed order under this section may not be used
64	60		against an alleged perpetrator as an admission of child abuse or
65	61		neglect.
66	62		(d) An agreed order under this section is enforceable
67	63		civilly or criminally but is not enforceable as a contract.
68	64		(e) At any time, a person affected by an agreed order under
69	65		this section may request the court to terminate the order. The court
70	66		shall terminate the agreed order on finding the order is no longer
71	67		needed and terminating the order is in the best interest of the
72	68		child.
73	69		SECTION 3. Section 262.102(a), Family Code, is amended to
74	70		read as follows:
75	71		(a) Before a court may, without prior notice and a hearing,
76	72		issue a temporary order for the conservatorship of a child under
77	73		Section 105.001(a)(1) or a temporary restraining order or
78	74		attachment of a child authorizing a governmental entity to take
79	75		possession of a child in a suit brought by a governmental entity,
80	76		the court must find that:
81	77		(1) there is an immediate danger to the physical
82	78		health or safety of the child or the child has been a victim of
83	79		neglect or sexual abuse;
84	80		(2) continuation in the home would be contrary to the
85	81		child's welfare;
86	82		(3) there is no time, consistent with the physical
87	83		health or safety of the child and the nature of the emergency, for a
88	84		full adversary hearing under Subchapter C; [and]
89	85		(4) the child would not be adequately protected in the
90	86		child's home with an order for the removal of the alleged
91	87		perpetrator under Section 262.1015 or 262.1016 or a protective
92	88		order issued under Title 4;
93	89		(5) placing the child with a relative or designated
94	90		caregiver or with a caregiver under a parental child safety
95	91		placement agreement authorized by Subchapter L, Chapter 264:
96	92		(A) was offered but refused;
97	93		(B) was not possible because there was no time,
98	94		consistent with the physical health or safety of the child and the
99	95		nature of the emergency, to conduct the caregiver evaluation; or
100	96		(C) would pose an immediate danger to the
101	97		physical health or safety of the child; and
102	98		(6) reasonable efforts, consistent with the
103	99		circumstances and providing for the safety of the child, were made
104	100		to prevent or eliminate the need for removal of the child.
105	101		SECTION 4. Section 262.105, Family Code, is amended by
106	102		amending Subsection (b) and adding Subsection (c) to read as
107	103		follows:
108	104		(b) An original suit filed by a governmental entity after
109	105		taking possession of a child under Section 262.104 must be
110	106		supported by an affidavit stating facts sufficient to satisfy a
111	107		person of ordinary prudence and caution that:
112	108		(1) based on the affiant's personal knowledge or on
113	109		information furnished by another person corroborated by the
114	110		affiant's personal knowledge, one of the following circumstances
115	111		existed at the time the child was taken into possession:
116	112		(A) there was an immediate danger to the physical
117	113		health or safety of the child;
118	114		(B) the child was the victim of sexual abuse or of
119	115		trafficking under Section 20A.02 or 20A.03, Penal Code;
120	116		(C) the parent or person who had possession of
121	117		the child was using a controlled substance as defined by Chapter
122	118		481, Health and Safety Code, and the use constituted an immediate
123	119		danger to the physical health or safety of the child; or
124	120		(D) the parent or person who had possession of
125	121		the child permitted the child to remain on premises used for the
126	122		manufacture of methamphetamine; and
127	123		(2) based on the affiant's personal knowledge:
128	124		(A) continuation of the child in the home would
129	125		have been contrary to the child's welfare;
130	126		(B) there was no time, consistent with the
131	127		physical health or safety of the child, for a full adversary hearing
132	128		under Subchapter C; [and]
133	129		(C) the child would not be adequately protected
134	130		in the child's home with an order for the removal of the alleged
135	131		perpetrator under Section 262.1015 or 262.1016 or a protective
136	132		order issued under Title 4;
137	133		(D) placing the child with a relative or
138	134		designated caregiver or with a caregiver under a parental child
139	135		safety placement agreement authorized by Subchapter L, Chapter 264:
140	136		(i) was offered but refused;
141	137		(ii) was not possible because there was no
142	138		time, consistent with the physical health or safety of the child and
143	139		the nature of the emergency, to conduct the caregiver evaluation;
144	140		or
145	141		(iii) would pose an immediate danger to the
146	142		physical health or safety of the child; and
147	143		(E) reasonable efforts, consistent with the
148	144		circumstances and providing for the safety of the child, were made
149	145		to prevent or eliminate the need for the removal of the child.
150	146		(c) The affidavit required by Subsection (b) must describe
151	147		all reasonable efforts that were made to prevent or eliminate the
152	148		need for the removal of the child.
153	149		SECTION 5. Section 262.107(a), Family Code, is amended to
154	150		read as follows:
155	151		(a) The court shall order the return of the child at the
156	152		initial hearing regarding a child taken in possession without a
157	153		court order by a governmental entity unless the court is satisfied
158	154		that:
159	155		(1) the evidence shows that one of the following
160	156		circumstances exists:
161	157		(A) there is a continuing danger to the physical
162	158		health or safety of the child if the child is returned to the
163	159		parent, managing conservator, possessory conservator, guardian,
164	160		caretaker, or custodian who is presently entitled to possession of
165	161		the child;
166	162		(B) the child has been the victim of sexual abuse
167	163		or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one
168	164		or more occasions and that there is a substantial risk that the
169	165		child will be the victim of sexual abuse or of trafficking in the
170	166		future;
171	167		(C) the parent or person who has possession of
172	168		the child is currently using a controlled substance as defined by
173	169		Chapter 481, Health and Safety Code, and the use constitutes an
174	170		immediate danger to the physical health or safety of the child; or
175	171		(D) the parent or person who has possession of
176	172		the child has permitted the child to remain on premises used for the
177	173		manufacture of methamphetamine;
178	174		(2) continuation of the child in the home would be
179	175		contrary to the child's welfare; [and]
180	176		(3) the child would not be adequately protected in the
181	177		child's home with an order for the removal of the alleged
182	178		perpetrator under Section 262.1015 or 262.1016 or a protective
183	179		order issued under Title 4;
184	180		(4) placing the child with a relative or designated
185	181		caregiver or with a caregiver under a parental child safety
186	182		placement agreement authorized by Subchapter L, Chapter 264:
187	183		(A) was offered but refused;
188	184		(B) was not possible because there was no time,
189	185		consistent with the physical health or safety of the child and the
190	186		nature of the emergency, to conduct the caregiver evaluation; or
191	187		(C) would pose an immediate danger to the
192	188		physical health or safety of the child; and
193	189		(5) reasonable efforts, consistent with the
194	190		circumstances and providing for the safety of the child, were made
195	191		to prevent or eliminate the need for removal of the child.
196	192		SECTION 6. Section 262.113, Family Code, is amended to read
197	193		as follows:
198	194		Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
199	195		CHILD. (a) An original suit filed by a governmental entity that
200	196		requests to take possession of a child after notice and a hearing
201	197		must be supported by an affidavit sworn to by a person with personal
202	198		knowledge and stating facts sufficient to satisfy a person of
203	199		ordinary prudence and caution that:
204	200		(1) there is a continuing danger to the physical
205	201		health or safety of the child caused by an act or failure to act of
206	202		the person entitled to possession of the child and that allowing the
207	203		child to remain in the home would be contrary to the child's
208	204		welfare; and
209	205		(2) reasonable efforts, consistent with the
210	206		circumstances and providing for the safety of the child, have been
211	207		made to prevent or eliminate the need to remove the child from the
212	208		child's home.
213	209		(b) The affidavit required by Subsection (a) must describe
214	210		all reasonable efforts that were made to prevent or eliminate the
215	211		need for the removal of the child.
216	212		SECTION 7. The changes in law made by this Act apply to a
217	213		suit affecting the parent-child relationship that is filed on or
218	214		after the effective date of this Act. A suit filed before the
219	215		effective date of this Act is governed by the law in effect on the
220	216		date that the suit is filed, and the former law is continued in
221	217		effect for that purpose.
222	218		SECTION 8. This Act takes effect September 1, 2021.
223		-	* * * * *