| 1 | 1 | | 88R2748 MM-D |
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| 2 | 2 | | By: Hinojosa H.B. No. 1045 |
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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 prohibiting the dismissal of certain suits affecting |
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| 8 | 8 | | the parent-child relationship involving the Department of Family |
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| 9 | 9 | | and Protective Services. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter E, Chapter 263, Family Code, is |
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| 12 | 12 | | amended by adding Section 263.4012 to read as follows: |
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| 13 | 13 | | Sec. 263.4012. PROHIBITING DISMISSAL WHEN CHILD IS MISSING. |
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| 14 | 14 | | Notwithstanding Section 263.401, the court shall retain |
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| 15 | 15 | | jurisdiction and may not dismiss the suit as required by that |
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| 16 | 16 | | section if the court finds the child is missing from the child's |
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| 17 | 17 | | substitute care provider. |
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| 18 | 18 | | SECTION 2. Section 263.501(g), Family Code, is amended to |
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| 19 | 19 | | read as follows: |
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| 20 | 20 | | (g) Unless the child is adopted or permanent managing |
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| 21 | 21 | | conservatorship of the child is awarded to an individual other than |
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| 22 | 22 | | the department, a [A] court required to conduct permanency hearings |
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| 23 | 23 | | for a child for whom the department has been appointed permanent |
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| 24 | 24 | | managing conservator may not dismiss a suit affecting the |
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| 25 | 25 | | parent-child relationship filed by the department regarding the |
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| 26 | 26 | | child while the child is: |
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| 27 | 27 | | (1) committed to the Texas Juvenile Justice Department |
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| 28 | 28 | | or released under the supervision of the Texas Juvenile Justice |
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| 29 | 29 | | Department; or |
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| 30 | 30 | | (2) missing from the child's substitute care |
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| 31 | 31 | | provider[, unless the child is adopted or permanent managing |
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| 32 | 32 | | conservatorship of the child is awarded to an individual other than |
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| 33 | 33 | | the department]. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2023. |
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