Texas 2021 - 87th Regular

Texas House Bill HB567 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 567
	1	+	By: Frank, et al. (Senate Sponsor - Hughes) H.B. No. 567
	2	+	(In the Senate - Received from the House April 6, 2021;
	3	+	April 8, 2021, read first time and referred to Committee on State
	4	+	Affairs; April 20, 2021, reported favorably by the following vote:
	5	+	Yeas 8, Nays 0; April 20, 2021, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the procedures and grounds for terminating the
6	12		parent-child relationship, for taking possession of a child, and
7	13		for certain hearings in a suit affecting the parent-child
8	14		relationship involving the Department of Family and Protective
9	15		Services.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. Section 107.003(b), Family Code, is amended to
12	18		read as follows:
13	19		(b) In addition to the duties required by Subsection (a), an
14	20		attorney ad litem appointed for a child in a proceeding under
15	21		Chapter 262, [or] 263, or 264 shall:
16	22		(1) review the medical care provided to the child;
17	23		(2) in a developmentally appropriate manner, seek to
18	24		elicit the child's opinion on the medical care provided;
19	25		(3) for a child at least 16 years of age:
20	26		(A) advise the child of the child's right to
21	27		request the court to authorize the child to consent to the child's
22	28		own medical care under Section 266.010; and
23	29		(B) ascertain whether the child has received the
24	30		following documents:
25	31		(i) a certified copy of the child's birth
26	32		certificate;
27	33		(ii) a social security card or a
28	34		replacement social security card;
29	35		(iii) a driver's license or personal
30	36		identification certificate under Chapter 521, Transportation Code;
31	37		and
32	38		(iv) any other personal document the
33	39		Department of Family and Protective Services determines
34	40		appropriate; and
35	41		(4) seek to elicit in a developmentally appropriate
36	42		manner the name of any adult, particularly an adult residing in the
37	43		child's community, who could be a relative or designated caregiver
38	44		for the child and immediately provide the names of those
39	45		individuals to the Department of Family and Protective Services.
40	46		SECTION 2. Sections 107.004(d), (d-2), (d-3), and (e),
41	47		Family Code, are amended to read as follows:
42	48		(d) Except as provided by Subsection (e), an attorney ad
43	49		litem appointed for a child in a proceeding under Chapter 262, [or]
44	50		263, or 264 shall:
45	51		(1) meet before each court hearing with:
46	52		(A) the child, if the child is at least four years
47	53		of age; or
48	54		(B) the individual with whom the child ordinarily
49	55		resides, including the child's parent, conservator, guardian,
50	56		caretaker, or custodian, if the child is younger than four years of
51	57		age; and
52	58		(2) if the child or individual is not present at the
53	59		court hearing, file a written statement with the court indicating
54	60		that the attorney ad litem complied with Subdivision (1).
55	61		(d-2) An attorney ad litem appointed to represent a child in
56	62		the managing conservatorship of the Department of Family and
57	63		Protective Services or a child who is the subject of a proceeding
58	64		under Chapter 264 shall, before each scheduled hearing under
59	65		Chapter 263 or 264, determine whether the child's educational needs
60	66		and goals have been identified and addressed.
61	67		(d-3) An attorney ad litem appointed to represent a child in
62	68		the managing conservatorship of the Department of Family and
63	69		Protective Services or a child who is the subject of a proceeding
64	70		under Chapter 264 shall periodically continue to review the child's
65	71		safety and well-being, including any effects of trauma to the
66	72		child, and take appropriate action, including requesting a review
67	73		hearing when necessary to address an issue of concern.
68	74		(e) An attorney ad litem appointed for a child in a
69	75		proceeding under Chapter 262, [or] 263, or 264 is not required to
70	76		comply with Subsection (d) before a hearing if the court finds at
71	77		that hearing that the attorney ad litem has shown good cause why the
72	78		attorney ad litem's compliance with that subsection is not feasible
73	79		or in the best interest of the child. Additionally, a court may, on
74	80		a showing of good cause, authorize an attorney ad litem to comply
75	81		with Subsection (d) by conferring with the child or other
76	82		individual, as appropriate, by telephone or video conference.
77	83		SECTION 3. Section 161.001(c), Family Code, is amended to
78	84		read as follows:
79	85		(c) Evidence of one or more of the following does not
80	86		constitute clear and convincing evidence sufficient for a court to
81	87		[A court may not] make a finding under Subsection (b) and order
82	88		termination of the parent-child relationship [based on evidence
83	89		that the parent]:
84	90		(1) the parent homeschooled the child;
85	91		(2) the parent is economically disadvantaged;
86	92		(3) the parent has been charged with a nonviolent
87	93		misdemeanor offense other than:
88	94		(A) an offense under Title 5, Penal Code;
89	95		(B) an offense under Title 6, Penal Code; or
90	96		(C) an offense that involves family violence, as
91	97		defined by Section 71.004 of this code;
92	98		(4) the parent provided or administered low-THC
93	99		cannabis to a child for whom the low-THC cannabis was prescribed
94	100		under Chapter 169, Occupations Code; [or]
95	101		(5) the parent declined immunization for the child for
96	102		reasons of conscience, including a religious belief; or
97	103		(6) the parent allowed the child to engage in
98	104		independent activities that are appropriate and typical for the
99	105		child's level of maturity, physical condition, developmental
100	106		abilities, or culture.
101	107		SECTION 4. Section 161.101, Family Code, is amended to read
102	108		as follows:
103	109		Sec. 161.101. PETITION ALLEGATIONS; PETITION AND MOTION
104	110		REQUIREMENTS. (a) A petition for the termination of the
105	111		parent-child relationship is sufficient without the necessity of
106	112		specifying the underlying facts if the petition alleges in the
107	113		statutory language the ground for the termination and that
108	114		termination is in the best interest of the child.
109	115		(b) A petition or motion filed by the Department of Family
110	116		and Protective Services in a suit for termination of the
111	117		parent-child relationship is subject to Chapter 10, Civil Practice
112	118		and Remedies Code, and Rule 13, Texas Rules of Civil Procedure.
113	119		SECTION 5. Section 261.001(4), Family Code, is amended to
114	120		read as follows:
115	121		(4) "Neglect" means an act or failure to act by a
116	122		person responsible for a child's care, custody, or welfare
117	123		evidencing the person's blatant disregard for the consequences of
118	124		the act or failure to act that results in harm to the child or that
119	125		creates an immediate danger to the child's physical health or
120	126		safety and:
121	127		(A) includes:
122	128		(i) the leaving of a child in a situation
123	129		where the child would be exposed to an immediate danger [a
124	130		substantial risk] of physical or mental harm, without arranging for
125	131		necessary care for the child, and the demonstration of an intent not
126	132		to return by a parent, guardian, or managing or possessory
127	133		conservator of the child;
128	134		(ii) the following acts or omissions by a
129	135		person:
130	136		(a) placing a child in or failing to
131	137		remove a child from a situation that a reasonable person would
132	138		realize requires judgment or actions beyond the child's level of
133	139		maturity, physical condition, or mental abilities and that results
134	140		in bodily injury or an immediate danger [a substantial risk] of
135	141		[immediate] harm to the child;
136	142		(b) failing to seek, obtain, or follow
137	143		through with medical care for a child, with the failure resulting in
138	144		or presenting an immediate danger [a substantial risk] of death,
139	145		disfigurement, or bodily injury or with the failure resulting in an
140	146		observable and material impairment to the growth, development, or
141	147		functioning of the child;
142	148		(c) the failure to provide a child
143	149		with food, clothing, or shelter necessary to sustain the life or
144	150		health of the child, excluding failure caused primarily by
145	151		financial inability unless relief services had been offered and
146	152		refused;
147	153		(d) placing a child in or failing to
148	154		remove the child from a situation in which the child would be
149	155		exposed to an immediate danger [a substantial risk] of sexual
150	156		conduct harmful to the child; or
151	157		(e) placing a child in or failing to
152	158		remove the child from a situation in which the child would be
153	159		exposed to acts or omissions that constitute abuse under
154	160		Subdivision (1)(E), (F), (G), (H), or (K) committed against another
155	161		child;
156	162		(iii) the failure by the person responsible
157	163		for a child's care, custody, or welfare to permit the child to
158	164		return to the child's home without arranging for the necessary care
159	165		for the child after the child has been absent from the home for any
160	166		reason, including having been in residential placement or having
161	167		run away; or
162	168		(iv) a negligent act or omission by an
163	169		employee, volunteer, or other individual working under the auspices
164	170		of a facility or program, including failure to comply with an
165	171		individual treatment plan, plan of care, or individualized service
166	172		plan, that causes or may cause substantial emotional harm or
167	173		physical injury to, or the death of, a child served by the facility
168	174		or program as further described by rule or policy; and
169	175		(B) does not include:
170	176		(i) the refusal by a person responsible for
171	177		a child's care, custody, or welfare to permit the child to remain in
172	178		or return to the child's home resulting in the placement of the
173	179		child in the conservatorship of the department if:
174	180		(a) [(i)] the child has a severe
175	181		emotional disturbance;
176	182		(b) [(ii)] the person's refusal is
177	183		based solely on the person's inability to obtain mental health
178	184		services necessary to protect the safety and well-being of the
179	185		child; and
180	186		(c) [(iii)] the person has exhausted
181	187		all reasonable means available to the person to obtain the mental
182	188		health services described by Sub-subparagraph (b); or
183	189		(ii) allowing the child to engage in
184	190		independent activities that are appropriate and typical for the
185	191		child's level of maturity, physical condition, developmental
186	192		abilities, or culture [Subparagraph (ii)].
187	193		SECTION 6. Section 262.116(a), Family Code, is amended to
188	194		read as follows:
189	195		(a) The Department of Family and Protective Services may not
190	196		take possession of a child under this subchapter based on evidence
191	197		that the parent:
192	198		(1) homeschooled the child;
193	199		(2) is economically disadvantaged;
194	200		(3) has been charged with a nonviolent misdemeanor
195	201		offense other than:
196	202		(A) an offense under Title 5, Penal Code;
197	203		(B) an offense under Title 6, Penal Code; or
198	204		(C) an offense that involves family violence, as
199	205		defined by Section 71.004 of this code;
200	206		(4) provided or administered low-THC cannabis to a
201	207		child for whom the low-THC cannabis was prescribed under Chapter
202	208		169, Occupations Code; [or]
203	209		(5) declined immunization for the child for reasons of
204	210		conscience, including a religious belief;
205	211		(6) allowed the child to engage in independent
206	212		activities that are appropriate and typical for the child's level
207	213		of maturity, physical condition, developmental abilities, or
208	214		culture; or
209	215		(7) tested positive for marihuana, unless the
210	216		department has evidence that the parent's use of marihuana has
211	217		caused significant impairment to the child's physical or mental
212	218		health or emotional development.
213	219		SECTION 7. Section 262.201, Family Code, is amended by
214	220		amending Subsections (e), (g), (h), and (n) and adding Subsections
215	221		(g-1) and (q) to read as follows:
216	222		(e) The court may, for good cause shown, postpone the full
217	223		adversary hearing for not more than seven days from the date of the
218	224		attorney's appointment to provide the attorney time to respond to
219	225		the petition and prepare for the hearing. The court may shorten or
220	226		lengthen the extension granted under this subsection if the parent
221	227		and the appointed attorney agree in writing. If the court postpones
222	228		the full adversary hearing, the court shall extend a temporary
223	229		order, temporary restraining order, or attachment issued by the
224	230		court under Section 262.102(a) [or Section 262.1131] for the
225	231		protection of the child until the date of the rescheduled full
226	232		adversary hearing.
227	233		(g) In a suit filed under Section 262.101 or 262.105, at the
228	234		conclusion of the full adversary hearing, the court shall order the
229	235		return of the child to the parent, managing conservator, possessory
230	236		conservator, guardian, caretaker, or custodian entitled to
231	237		possession from whom the child is removed unless the court finds
232	238		sufficient evidence to satisfy a person of ordinary prudence and
233	239		caution that:
234	240		(1) there was a danger to the physical health or safety
235	241		of the child, including a danger that the child would be a victim of
236	242		trafficking under Section 20A.02 or 20A.03, Penal Code, which was
237	243		caused by an act or failure to act of the person entitled to
238	244		possession and for the child to remain in the home is contrary to
239	245		the welfare of the child;
240	246		(2) the urgent need for protection required the
241	247		immediate removal of the child and reasonable efforts, consistent
242	248		with the circumstances and providing for the safety of the child,
243	249		were made to eliminate or prevent the child's removal; and
244	250		(3) reasonable efforts have been made to enable the
245	251		child to return home, but there is a substantial risk of a
246	252		continuing danger if the child is returned home.
247	253		(g-1) In a suit filed under Section 262.101 or 262.105, if
248	254		the court does not order the return of the child under Subsection
249	255		(g) and finds that another parent, managing conservator, possessory
250	256		conservator, guardian, caretaker, or custodian entitled to
251	257		possession did not cause the immediate danger to the physical
252	258		health or safety of the child or was not the perpetrator of the
253	259		neglect or abuse alleged in the suit, the court shall order
254	260		possession of the child by that person unless the court finds
255	261		sufficient evidence to satisfy a person of ordinary prudence and
256	262		caution that, specific to each person entitled to possession:
257	263		(1) the person cannot be located after the exercise of
258	264		due diligence by the Department of Family and Protective Services,
259	265		or the person is unable or unwilling to take possession of the
260	266		child; or
261	267		(2) reasonable efforts have been made to enable the
262	268		person's possession of the child, but possession by that person
263	269		presents a continuing danger to the physical health or safety of the
264	270		child caused by an act or failure to act of the person, including a
265	271		danger that the child would be a victim of trafficking under Section
266	272		20A.02 or 20A.03, Penal Code.
267	273		(h) In a suit filed under Section 262.101 or 262.105, if the
268	274		court finds sufficient evidence to make the applicable finding
269	275		under Subsection (g) or (g-1) [satisfy a person of ordinary
270	276		prudence and caution that there is a continuing danger to the
271	277		physical health or safety of the child and for the child to remain
272	278		in the home is contrary to the welfare of the child], the court
273	279		shall issue an appropriate temporary order under Chapter 105.
274	280		(n) If the [The] court does not order possession of [shall
275	281		place] a child by a [removed from the child's custodial parent with
276	282		the child's noncustodial] parent, managing conservator, possessory
277	283		conservator, guardian, caretaker, or custodian entitled to
278	284		possession under Subsection (g) or (g-1), the court shall place the
279	285		child [or] with a relative of the child [if placement with the
280	286		noncustodial parent is inappropriate,] unless the court finds that
281	287		the placement with [the noncustodial parent or] a relative is not in
282	288		the best interest of the child.
283	289		(q) On receipt of a written request for possession of the
284	290		child from a parent, managing conservator, possessory conservator,
285	291		guardian, caretaker, or custodian entitled to possession of the
286	292		child who was not located before the adversary hearing, the
287	293		Department of Family and Protective Services shall notify the court
288	294		and request a hearing to determine whether the parent, managing
289	295		conservator, possessory conservator, guardian, caretaker, or
290	296		custodian is entitled to possession of the child under Subsection
291	297		(g-1).
292	298		SECTION 8. Section 263.002, Family Code, is amended by
293	299		amending Subsection (c) and adding Subsection (d) to read as
294	300		follows:
295	301		(c) At each permanency hearing before the final order, the
296	302		court shall review the placement of each child in the temporary
297	303		managing conservatorship of the department who has not been
298	304		returned to the child's home. At the end of the hearing, the court
299	305		shall order the department to return the child to the child's parent
300	306		or parents unless the court finds, with respect to each parent,
301	307		that:
302	308		(1) there is a continuing danger to the physical
303	309		health or safety of the child; and
304	310		(2) returning the child to the child's parent or
305	311		parents [The court shall make a finding on whether returning the
306	312		child to the child's home is safe and appropriate, whether the
307	313		return is in the best interest of the child, and whether it] is
308	314		contrary to the welfare of the child [for the child to return home].
309	315		(d) This section does not prohibit the court from rendering
310	316		an order under Section 263.403.
311	317		SECTION 9. Section 263.401, Family Code, is amended by
312	318		adding Subsection (b-3) to read as follows:
313	319		(b-3) A court shall find under Subsection (b) that
314	320		extraordinary circumstances necessitate the child remaining in the
315	321		temporary managing conservatorship of the department if:
316	322		(1) a parent of a child has made a good faith effort to
317	323		successfully complete the service plan but needs additional time;
318	324		and
319	325		(2) on completion of the service plan the court
320	326		intends to order the child returned to the parent.
321	327		SECTION 10. Subchapter E, Chapter 263, Family Code, is
322	328		amended by adding Section 263.4011 to read as follows:
323	329		Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On
324	330		timely commencement of the trial on the merits under Section
325	331		263.401, the court shall render a final order not later than the
326	332		90th day after the date the trial commences.
327	333		(b) The 90-day period for rendering a final order under
328	334		Subsection (a) is not tolled for any recess during the trial.
329	335		(c) The court may extend the 90-day period under Subsection
330	336		(a) for the period the court determines necessary if, after a
331	337		hearing, the court finds good cause for the extension. If the court
332	338		grants a good cause extension under this subsection, the court
333	339		shall render a written order specifying:
334	340		(1) the grounds on which the extension is granted; and
335	341		(2) the length of the extension.
336	342		(d) A party may file a mandamus proceeding if the court
337	343		fails to render a final order within the time required by this
338	344		section.
339	345		SECTION 11. Section 263.403(a-1), Family Code, is amended
340	346		to read as follows:
341	347		(a-1) Unless the court has granted an extension under
342	348		Section 263.401(b), the department or the parent may request the
343	349		court to retain jurisdiction for an additional six months as
344	350		necessary for a parent to complete the remaining requirements under
345	351		[in] a service plan [and specified] in a transition monitored
346	352		return under Subsection (a)(2)(B) [the temporary order that are
347	353		mandatory for the child's return].
348	354		SECTION 12. Section 264.203, Family Code, is amended to
349	355		read as follows:
350	356		Sec. 264.203. REQUIRED PARTICIPATION. (a) The department
351	357		may file a suit requesting [Except as provided by Subsection (d),]
352	358		the court to render a temporary [on request of the department may]
353	359		order requiring the parent, managing conservator, guardian, or
354	360		other member of the [subject] child's household to:
355	361		(1) participate in the services for which the
356	362		department makes a referral or services the department provides or
357	363		purchases for:
358	364		(A) alleviating the effects of the abuse or
359	365		neglect that has occurred; [or]
360	366		(B) reducing a continuing danger to the physical
361	367		health or safety of the child caused by an act or failure to act of
362	368		the parent, managing conservator, guardian, or other member of the
363	369		child's household [the reasonable likelihood that the child may be
364	370		abused or neglected in the immediate or foreseeable future]; or
365	371		(C) reducing a substantial risk of abuse or
366	372		neglect caused by an act or failure to act of the parent, managing
367	373		conservator, guardian, or member of the child's household; and
368	374		(2) permit the child and any siblings of the child to
369	375		receive the services.
370	376		(b) A suit requesting an order under this section may be
371	377		filed in a court with jurisdiction to hear the suit in the county in
372	378		which the child is located [The department may request the court to
373	379		order the parent, managing conservator, guardian, or other member
374	380		of the child's household to participate in the services whether the
375	381		child resides in the home or has been removed from the home].
376	382		(c) Except as otherwise provided by this subchapter, the
377	383		suit is governed by the Texas Rules of Civil Procedure applicable to
378	384		the filing of an original lawsuit [If the person ordered to
379	385		participate in the services fails to follow the court's order, the
380	386		court may impose appropriate sanctions in order to protect the
381	387		health and safety of the child, including the removal of the child
382	388		as specified by Chapter 262].
383	389		(d) The petition shall be supported by a sworn affidavit by
384	390		a person based on personal knowledge and stating facts sufficient
385	391		to support a finding that:
386	392		(1) the child has been a victim of abuse or neglect or
387	393		is at substantial risk of abuse or neglect; and
388	394		(2) there is a continuing danger to the physical
389	395		health or safety of the child caused by an act or failure to act of
390	396		the parent, managing conservator, guardian, or other member of the
391	397		child's household unless that person participates in services
392	398		requested by the department [If the court does not order the person
393	399		to participate, the court in writing shall specify the reasons for
394	400		not ordering participation].
395	401		(e) In a suit filed under this section, the court may render
396	402		a temporary restraining order as provided by Section 105.001.
397	403		(f) The court shall hold a hearing on the petition not later
398	404		than the 14th day after the date the petition is filed unless the
399	405		court finds good cause for extending that date for not more than 14
400	406		days.
401	407		(g) The court shall appoint an attorney ad litem to
402	408		represent the interests of the child immediately after the filing
403	409		but before the hearing to ensure adequate representation of the
404	410		child. The attorney ad litem for the child shall have the powers
405	411		and duties of an attorney ad litem for a child under Chapter 107.
406	412		(h) The court shall appoint an attorney ad litem to
407	413		represent the interests of a parent for whom participation in
408	414		services is being requested immediately after the filing but before
409	415		the hearing to ensure adequate representation of the parent. The
410	416		attorney ad litem for the parent shall have the powers and duties of
411	417		an attorney ad litem for a parent under Section 107.0131.
412	418		(i) Before commencement of the hearing, the court shall
413	419		inform each parent of:
414	420		(1) the parent's right to be represented by an
415	421		attorney; and
416	422		(2) for a parent who is indigent and appears in
417	423		opposition to the motion, the parent's right to a court-appointed
418	424		attorney.
419	425		(j) If a parent claims indigence, the court shall require
420	426		the parent to complete and file with the court an affidavit of
421	427		indigence. The court may consider additional evidence to determine
422	428		whether the parent is indigent, including evidence relating to the
423	429		parent's income, source of income, assets, property ownership,
424	430		benefits paid in accordance with a federal, state, or local public
425	431		assistance program, outstanding obligations, and necessary
426	432		expenses and the number and ages of the parent's dependents. If the
427	433		court determines the parent is indigent, the attorney ad litem
428	434		appointed to represent the interests of the parent may continue the
429	435		representation. If the court determines the parent is not
430	436		indigent, the court shall discharge the attorney ad litem from the
431	437		appointment after the hearing and shall order the parent to pay the
432	438		cost of the attorney ad litem's representation.
433	439		(k) The court may, for good cause shown, postpone any
434	440		subsequent proceedings for not more than seven days after the date
435	441		of the attorney ad litem's discharge to allow the parent to hire an
436	442		attorney or to provide the parent's attorney time to prepare for the
437	443		subsequent proceeding.
438	444		(l) An order may be rendered under this section only after
439	445		notice and hearing.
440	446		(m) At the conclusion of the hearing, the court shall deny
441	447		the petition unless the court finds sufficient evidence to satisfy
442	448		a person of ordinary prudence and caution that:
443	449		(1) abuse or neglect has occurred or there is a
444	450		substantial risk of abuse or neglect or continuing danger to the
445	451		physical health or safety of the child caused by an act or failure
446	452		to act of the parent, managing conservator, guardian, or other
447	453		member of the child's household; and
448	454		(2) services are necessary to ensure the physical
449	455		health or safety of the child.
450	456		(n) If the court renders an order granting the petition, the
451	457		court shall:
452	458		(1) state its findings in the order;
453	459		(2) make appropriate temporary orders under Chapter
454	460		105 necessary to ensure the safety of the child; and
455	461		(3) order the participation in specific services
456	462		narrowly tailored to address the findings made by the court under
457	463		Subsection (m).
458	464		(o) If the court finds that a parent, managing conservator,
459	465		guardian, or other member of the child's household did not cause the
460	466		continuing danger to the physical health or safety of the child or
461	467		the substantial risk of abuse or neglect, or was not the perpetrator
462	468		of the abuse or neglect alleged, the court may not require that
463	469		person to participate in services ordered under Subsection (n).
464	470		(p) Not later than the 90th day after the date the court
465	471		renders an order under this section, the court shall hold a hearing
466	472		to review the status of each person required to participate in the
467	473		services and the child and the services provided, purchased, or
468	474		referred. The court shall set subsequent review hearings every 90
469	475		days to review the continued need for the order.
470	476		(q) An order rendered under this section expires on the
471	477		180th day after the date the order is signed unless the court
472	478		extends the order as provided by Subsection (r) or (s).
473	479		(r) The court may extend an order rendered under this
474	480		section on a showing by the department of a continuing need for the
475	481		order, after notice and hearing. Except as provided by Subsection
476	482		(s), the court may extend the order only one time for not more than
477	483		180 days.
478	484		(s) The court may extend an order rendered under this
479	485		section for not more than an additional 180 days only if:
480	486		(1) the court finds that:
481	487		(A) the extension is necessary to allow the
482	488		person required to participate in services under the plan of
483	489		service time to complete those services;
484	490		(B) the department made a good faith effort to
485	491		timely provide the services to the person;
486	492		(C) the person made a good faith effort to
487	493		complete the services; and
488	494		(D) the completion of the services is necessary
489	495		to ensure the physical health and safety of the child; and
490	496		(2) the extension is requested by the person or the
491	497		person's attorney.
492	498		(t) At any time, a person affected by the order may request
493	499		the court to terminate the order. The court shall terminate the
494	500		order on finding the order is no longer needed.
495	501		SECTION 13. The following provisions of the Family Code are
496	502		repealed:
497	503		(1) Section 262.113;
498	504		(2) Section 262.1131; and
499	505		(3) Sections 262.201(b) and (j).
500	506		SECTION 14. Section 161.101, Family Code, as amended by
501	507		this Act, applies only to a petition or motion filed by the
502	508		Department of Family and Protective Services on or after the
503	509		effective date of this Act. A petition or motion filed by the
504	510		department before that date is governed by the law in effect on the
505	511		date the petition or motion was filed, and the former law is
506	512		continued in effect for that purpose.
507	513		SECTION 15. The changes in law made by this Act apply only
508	514		to a suit filed by the Department of Family and Protective Services
509	515		on or after the effective date of this Act. A suit filed by the
510	516		department before that date is governed by the law in effect on the
511	517		date the suit was filed, and the former law is continued in effect
512	518		for that purpose.
513	519		SECTION 16. This Act takes effect September 1, 2021.
514		-	______________________________ ______________________________
515		-	President of the Senate Speaker of the House
516		-	I certify that H.B. No. 567 was passed by the House on April
517		-	1, 2021, by the following vote: Yeas 143, Nays 5, 1 present, not
518		-	voting.
519		-	______________________________
520		-	Chief Clerk of the House
521		-	I certify that H.B. No. 567 was passed by the Senate on April
522		-	28, 2021, by the following vote: Yeas 31, Nays 0.
523		-	______________________________
524		-	Secretary of the Senate
525		-	APPROVED: _____________________
526		-	Date
527		-	_____________________
528		-	Governor
	520	+	* * * * *