Texas 2021 - 87th Regular

Texas Senate Bill SB1349 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Eckhardt, Blanco S.B. No. 1349
2		-	Miles
	1	+	By: Eckhardt S.B. No. 1349
	2	+	(In the Senate - Filed March 10, 2021; March 18, 2021, read
	3	+	first time and referred to Committee on Health & Human Services;
	4	+	April 20, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; April 20, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 1349 By: Miles
3	9
4	10
5	11		A BILL TO BE ENTITLED
6	12		AN ACT
7	13		relating to placing a child in the possessory conservatorship of
8	14		the child's parents in certain situations.
9	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	16		SECTION 1. Subchapter E, Chapter 263, Family Code, is
11	17		amended by adding Section 263.409 to read as follows:
12	18		Sec. 263.409. MODIFICATION OF FINAL ORDER. (a) A parent
13	19		may file suit to modify a final order rendered under this subchapter
14	20		if the final order:
15	21		(1) appoints as the child's managing conservator a
16		-	person who is not the child's parent, other than the department; ~~and~~
	22	+	person who is not the child's parent, other than the department;
17	23		(2) did not terminate the rights of the parent of the
18		-	child.
19		-	(b) In a suit to modify a final order authorized by this
	24	+	child; and
	25	+	(3) appoints the parent as a possessory conservator of
	26	+	the child.
	27	+	(b) A parent may not file a suit to modify a final order as
	28	+	authorized by this section before the second anniversary of the
	29	+	date the court rendered the final order.
	30	+	(c) In a suit to modify a final order authorized by this
20	31		section, the court may order the return of the child to the child's
21	32		parent if the court finds it is in the best interest of the child.
22	33		SECTION 2. Section 263.501(a), Family Code, is amended to
23	34		read as follows:
24	35		(a) If the department is appointed [has been named] as a
25	36		child's managing conservator in a final order that does not include
26	37		termination of parental rights, or if the department is not
27	38		dismissed from the suit in a final order that appoints a person who
28	39		is not the child's parent as the child's managing conservator and
29	40		that does not include termination of parental rights, the court
30	41		shall conduct a permanency hearing after the final order is
31	42		rendered at least once every six months until the department:
32	43		(1) is no longer the child's managing conservator; or
33	44		(2) is dismissed from the suit.
34	45		SECTION 3. Subchapter F, Chapter 263, Family Code, is
35	46		amended by adding Section 263.504 to read as follows:
36	47		Sec. 263.504. RETURNING CHILD TO PARENT. (a) At each
37		-	permanency hearing after the date the court rendered the final
38		-	order appointing the department as the child's managing conservator
39		-	without terminating parental rights, the department shall review
40		-	the child's placement to determine whether the child could be
41		-	returned to the child's parent.
42		-	(b) At each permanency hearing after the date the court
43		-	rendered the final order appointing a person who is not the child's
44		-	parent as the child's managing conservator without terminating
45		-	parental rights or dismissing the department from the suit, the
46		-	department shall review the child's placement to determine whether
47		-	the child could be returned to the child's parent.
	48	+	permanency hearing after the second anniversary of the date the
	49	+	court rendered the final order appointing the department as the
	50	+	child's managing conservator without terminating parental rights,
	51	+	the department shall review the child's placement to determine
	52	+	whether the child could be returned to the child's parent if the
	53	+	parent was named possessory conservator for the child in the final
	54	+	order.
	55	+	(b) At each permanency hearing after the second anniversary
	56	+	of the date the court rendered the final order appointing a person
	57	+	who is not the child's parent as the child's managing conservator
	58	+	without terminating parental rights or dismissing the department
	59	+	from the suit, the department shall review the child's placement to
	60	+	determine whether the child could be returned to the child's parent
	61	+	if the parent was named possessory conservator for the child in the
	62	+	final order.
48	63		(c) The department may recommend reunification with the
49	64		child's parent if the department finds:
50	65		(1) the parent of the child has remedied the condition
51	66		or conditions that led to removal of the child;
52	67		(2) the parent of the child is willing and able to care
53		-	for the child; ~~and~~
	68	+	for the child;
54	69		(3) the best interest of the child will be served by
55		-	placing the child with the child's parent.
	70	+	placing the child with the child's parent; and
	71	+	(4) the child's preference is to reside with the
	72	+	child's parent.
56	73		(d) The court may return the child to the child's parent if
57	74		the court finds it is in the best interest of the child.
58		-	(e) This section does not affect a parent's right under
59		-	other applicable law to seek a modification of an order issued under
60		-	this subchapter.
61	75		SECTION 4. The change in law made by this Act applies to a
62	76		permanency hearing held on or after the effective date of this Act
63	77		regardless of the date on which the Department of Family and
64	78		Protective Services is named the child's managing conservator.
65	79		SECTION 5. This Act takes effect September 1, 2021.
	80	+	* * * * *