88R2748 MM-D
By: Hinojosa H.B. No. 1045
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the dismissal of certain suits affecting
the parent-child relationship involving the Department of Family
and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.4012 to read as follows:
Sec. 263.4012. PROHIBITING DISMISSAL WHEN CHILD IS MISSING.
Notwithstanding Section 263.401, the court shall retain
jurisdiction and may not dismiss the suit as required by that
section if the court finds the child is missing from the child's
substitute care provider.
SECTION 2. Section 263.501(g), Family Code, is amended to
read as follows:
(g) Unless the child is adopted or permanent managing
conservatorship of the child is awarded to an individual other than
the department, a [A] court required to conduct permanency hearings
for a child for whom the department has been appointed permanent
managing conservator may not dismiss a suit affecting the
parent-child relationship filed by the department regarding the
child while the child is:
(1) committed to the Texas Juvenile Justice Department
or released under the supervision of the Texas Juvenile Justice
Department; or
(2) missing from the child's substitute care
provider[, unless the child is adopted or permanent managing
conservatorship of the child is awarded to an individual other than
the department].
SECTION 3. This Act takes effect September 1, 2023.