| 1 | 1 | | 87R12087 MLH-D |
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| 2 | 2 | | By: White H.B. No. 3647 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to placing a child in the possessory conservatorship of |
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| 8 | 8 | | the child's parents in certain situations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter F, Chapter 263, Family Code, is |
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| 11 | 11 | | amended by adding Section 263.504 to read as follows: |
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| 12 | 12 | | Sec. 263.504. RETURNING CHILD TO PARENT. (a) At each |
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| 13 | 13 | | placement review hearing after the second anniversary of the date |
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| 14 | 14 | | the court rendered the final order naming the department or another |
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| 15 | 15 | | person as the child's managing conservator without terminating |
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| 16 | 16 | | parental rights, the department shall review the child's placement |
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| 17 | 17 | | to determine whether the child could be returned to the child's |
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| 18 | 18 | | parent if the parent was named possessory conservator for the child |
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| 19 | 19 | | in the final order. |
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| 20 | 20 | | (b) The department may recommend reunification with the |
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| 21 | 21 | | child's parent if the department finds: |
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| 22 | 22 | | (1) the parent of the child has remedied the condition |
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| 23 | 23 | | or conditions that led to removal of the child; |
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| 24 | 24 | | (2) the parent of the child is willing and able to care |
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| 25 | 25 | | for the child; |
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| 26 | 26 | | (3) the best interest of the child will be served by |
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| 27 | 27 | | placing the child with the child's parent; |
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| 28 | 28 | | (4) the child's preference is to reside with the |
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| 29 | 29 | | child's parent; and |
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| 30 | 30 | | (5) the child does not have other options for |
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| 31 | 31 | | permanency. |
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| 32 | 32 | | (c) The court may return the child to the child's parent if |
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| 33 | 33 | | the court finds it is in the best interest of the child. |
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| 34 | 34 | | SECTION 2. The change in law made by this Act applies to a |
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| 35 | 35 | | placement review hearing held on or after the effective date of this |
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| 36 | 36 | | Act regardless of the date on which the Department of Family and |
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| 37 | 37 | | Protective Services is named the child's managing conservator. |
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| 38 | 38 | | SECTION 3. This Act takes effect September 1, 2021. |
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