By: Eckhardt, Blanco S.B. No. 1349
Miles
A BILL TO BE ENTITLED
AN ACT
relating to placing a child in the possessory conservatorship of
the child's parents in certain situations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.409 to read as follows:
Sec. 263.409. MODIFICATION OF FINAL ORDER. (a) A parent
may file suit to modify a final order rendered under this subchapter
if the final order:
(1) appoints as the child's managing conservator a
person who is not the child's parent, other than the department; and
(2) did not terminate the rights of the parent of the
child.
(b) In a suit to modify a final order authorized by this
section, the court may order the return of the child to the child's
parent if the court finds it is in the best interest of the child.
SECTION 2. Section 263.501(a), Family Code, is amended to
read as follows:
(a) If the department is appointed [has been named] as a
child's managing conservator in a final order that does not include
termination of parental rights, or if the department is not
dismissed from the suit in a final order that appoints a person who
is not the child's parent as the child's managing conservator and
that does not include termination of parental rights, the court
shall conduct a permanency hearing after the final order is
rendered at least once every six months until the department:
(1) is no longer the child's managing conservator; or
(2) is dismissed from the suit.
SECTION 3. Subchapter F, Chapter 263, Family Code, is
amended by adding Section 263.504 to read as follows:
Sec. 263.504. RETURNING CHILD TO PARENT. (a) At each
permanency hearing after the date the court rendered the final
order appointing the department as the child's managing conservator
without terminating parental rights, the department shall review
the child's placement to determine whether the child could be
returned to the child's parent.
(b) At each permanency hearing after the date the court
rendered the final order appointing a person who is not the child's
parent as the child's managing conservator without terminating
parental rights or dismissing the department from the suit, the
department shall review the child's placement to determine whether
the child could be returned to the child's parent.
(c) The department may recommend reunification with the
child's parent if the department finds:
(1) the parent of the child has remedied the condition
or conditions that led to removal of the child;
(2) the parent of the child is willing and able to care
for the child; and
(3) the best interest of the child will be served by
placing the child with the child's parent.
(d) The court may return the child to the child's parent if
the court finds it is in the best interest of the child.
(e) This section does not affect a parent's right under
other applicable law to seek a modification of an order issued under
this subchapter.
SECTION 4. The change in law made by this Act applies to a
permanency hearing held on or after the effective date of this Act
regardless of the date on which the Department of Family and
Protective Services is named the child's managing conservator.
SECTION 5. This Act takes effect September 1, 2021.