Texas 2021 - 87th 2nd C.S.

Texas House Bill HB43 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Hull H.B. No. 43
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the contents of a petition in certain suits affecting
7	7	the parent-child relationship.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 262.101, Family Code, is amended to read
10	10	as follows:
11	11	Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
12	12	CHILD. (a) An original suit filed by a governmental entity that
13	13	requests permission to take possession of a child without prior
14	14	notice and a hearing must be supported by an affidavit sworn to by a
15	15	person with personal knowledge and stating facts sufficient to
16	16	satisfy a person of ordinary prudence and caution that:
17	17	(1) there is an immediate danger to the physical
18	18	health or safety of the child or the child has been a victim of
19	19	neglect or sexual abuse;
20	20	(2) continuation in the home would be contrary to the
21	21	child's welfare;
22	22	(3) there is no time, consistent with the physical
23	23	health or safety of the child, for a full adversary hearing under
24	24	Subchapter C; and
25	25	(4) reasonable efforts, consistent with the
26	26	circumstances and providing for the safety of the child, were made
27	27	to prevent or eliminate the need for the removal of the child.
28	28	(b) The affidavit required by Subsection (a) must describe
29	29	all reasonable efforts that were made to prevent or eliminate the
30	30	need for the removal of the child.
31	31	SECTION 2. Section 262.105, Family Code, is amended by
32	32	adding Subsection (c) to read as follows:
33	33	(c) The affidavit required by Subsection (b) must describe
34	34	all reasonable efforts that were made to prevent or eliminate the
35	35	need for the removal of the child.
36	36	SECTION 3. Section 262.113, Family Code, is amended to read
37	37	as follows:
38	38	Sec. 262.113. FILING SUIT WITHOUT TAKING POSSESSION OF
39	39	CHILD. (a) An original suit filed by a governmental entity that
40	40	requests to take possession of a child after notice and a hearing
41	41	must be supported by an affidavit sworn to by a person with personal
42	42	knowledge and stating facts sufficient to satisfy a person of
43	43	ordinary prudence and caution that:
44	44	(1) there is a continuing danger to the physical
45	45	health or safety of the child caused by an act or failure to act of
46	46	the person entitled to possession of the child and that allowing the
47	47	child to remain in the home would be contrary to the child's
48	48	welfare; and
49	49	(2) reasonable efforts, consistent with the
50	50	circumstances and providing for the safety of the child, have been
51	51	made to prevent or eliminate the need to remove the child from the
52	52	child's home.
53	53	(b) The affidavit required by Subsection (a) must describe
54	54	all reasonable efforts that were made to prevent or eliminate the
55	55	need for the removal of the child.
56	56	SECTION 4. The changes in law made by this Act apply to a
57	57	suit affecting the parent-child relationship filed on or after the
58	58	effective date of this Act. A suit filed before the effective date
59	59	of this Act is governed by the law in effect on the date the suit is
60	60	filed, and the former law is continued in effect for that purpose.
61	61	SECTION 5. This Act takes effect on the 91st day after the
62	62	last day of the legislative session.