| 1 | 1 | | 87S30304 BDP-D |
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| 2 | 2 | | By: Hull H.B. No. 112 |
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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 the contents of a petition in certain suits affecting |
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| 8 | 8 | | the parent-child relationship. |
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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. Section 262.101, Family Code, is amended to read |
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| 11 | 11 | | as follows: |
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| 12 | 12 | | Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF |
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| 13 | 13 | | CHILD. (a) An original suit filed by a governmental entity that |
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| 14 | 14 | | requests permission to take possession of a child without prior |
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| 15 | 15 | | notice and a hearing must be supported by an affidavit sworn to by a |
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| 16 | 16 | | person with personal knowledge and stating facts sufficient to |
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| 17 | 17 | | satisfy a person of ordinary prudence and caution that: |
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| 18 | 18 | | (1) there is an immediate danger to the physical |
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| 19 | 19 | | health or safety of the child or the child has been a victim of |
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| 20 | 20 | | neglect or sexual abuse; |
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| 21 | 21 | | (2) continuation in the home would be contrary to the |
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| 22 | 22 | | child's welfare; |
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| 23 | 23 | | (3) there is no time, consistent with the physical |
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| 24 | 24 | | health or safety of the child, for a full adversary hearing under |
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| 25 | 25 | | Subchapter C; and |
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| 26 | 26 | | (4) reasonable efforts, consistent with the |
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| 27 | 27 | | circumstances and providing for the safety of the child, were made |
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| 28 | 28 | | to prevent or eliminate the need for the removal of the child. |
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| 29 | 29 | | (b) The affidavit required by Subsection (a) must describe |
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| 30 | 30 | | all reasonable efforts that were made to prevent or eliminate the |
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| 31 | 31 | | need for the removal of the child. |
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| 32 | 32 | | SECTION 2. Section 262.105, Family Code, is amended by |
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| 33 | 33 | | adding Subsection (c) to read as follows: |
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| 34 | 34 | | (c) The affidavit required by Subsection (b) must describe |
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| 35 | 35 | | all reasonable efforts that were made to prevent or eliminate the |
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| 36 | 36 | | need for the removal of the child. |
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| 37 | 37 | | SECTION 3. The changes in law made by this Act apply to a |
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| 38 | 38 | | suit affecting the parent-child relationship filed on or after the |
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| 39 | 39 | | effective date of this Act. A suit filed before the effective date |
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| 40 | 40 | | of this Act is governed by the law in effect on the date the suit is |
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| 41 | 41 | | filed, and the former law is continued in effect for that purpose. |
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| 42 | 42 | | SECTION 4. This Act takes effect on the 91st day after the |
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| 43 | 43 | | last day of the legislative session. |
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