H.B. No. 1087
AN ACT
relating to the requirements for certain petitions and orders in
suits affecting the parent-child relationship filed by the
Department of Family and Protective Services and the contents of a
petition in certain suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.001, Family Code, is amended by
adding Subsections (f) and (g) to read as follows:
(f) In a suit for termination of the parent-child
relationship filed by the Department of Family and Protective
Services, the court may not order termination of the parent-child
relationship under Subsection (b)(1) unless the court finds by
clear and convincing evidence and describes in writing with
specificity in a separate section of the order that:
(1) the department made reasonable efforts to return
the child to the parent before commencement of a trial on the merits
and despite those reasonable efforts, a continuing danger remains
in the home that prevents the return of the child to the parent; or
(2) reasonable efforts to return the child to the
parent, including the requirement for the department to provide a
family service plan to the parent, have been waived under Section
262.2015.
(g) In a suit for termination of the parent-child
relationship filed by the Department of Family and Protective
Services in which the department made reasonable efforts to return
the child to the child's home but a continuing danger in the home
prevented the child's return, the court shall include in a separate
section of its order written findings describing with specificity
the reasonable efforts the department made to return the child to
the child's home.
SECTION 2. Section 262.101, Family Code, is amended to read
as follows:
Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
CHILD. (a) An original suit filed by a governmental entity that
requests permission to take possession of a child without prior
notice and a hearing must be supported by an affidavit sworn to by a
person with personal knowledge and stating facts sufficient to
satisfy a person of ordinary prudence and caution that:
(1) there is an immediate danger to the physical
health or safety of the child or the child has been a victim of
neglect or sexual abuse;
(2) continuation in the home would be contrary to the
child's welfare;
(3) there is no time, consistent with the physical
health or safety of the child, for a full adversary hearing under
Subchapter C; and
(4) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for the removal of the child.
(b) The affidavit required by Subsection (a) must describe
with specificity in a separate section all reasonable efforts,
consistent with the circumstances and providing for the safety of
the child, that were made to prevent or eliminate the need for the
removal of the child.
SECTION 3. Section 262.102, Family Code, is amended by
adding Subsection (e) to read as follows:
(e) The temporary order, temporary restraining order, or
attachment of a child rendered by the court under Subsection (a)
must describe with specificity in a separate section the reasonable
efforts, consistent with the circumstances and providing for the
safety of the child, that were made to prevent or eliminate the need
for the removal of the child as required by Subsection (a)(4).
SECTION 4. Section 262.105, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The affidavit required by Subsection (b) must describe
with specificity in a separate section all reasonable efforts,
consistent with the circumstances and providing for the safety of
the child, that were made to prevent or eliminate the need for the
removal of the child.
SECTION 5. Section 262.107, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) If the court does not order the return of the child at an
initial hearing under Subsection (a), the court must describe in
writing and in a separate section the reasonable efforts,
consistent with the circumstances and providing for the safety of
the child, that were made to prevent or eliminate the need for the
removal of the child.
SECTION 6. Section 262.201, Family Code, is amended by
adding Subsection (g-2) to read as follows:
(g-2) If, at the conclusion of a full adversary hearing, the
court renders an order under Subsection (g) or (g-1), the court must
describe in writing and in a separate section:
(1) the reasonable efforts that were made to enable
the child to return home and the substantial risk of a continuing
danger if the child is returned home, as required by Subsection
(g)(3); or
(2) the reasonable efforts that were made to enable a
person's possession of the child and the continuing danger to the
physical health or safety of the child as required by Subsection
(g-1)(2).
SECTION 7. The changes in law made by this Act apply to a
suit affecting the parent-child relationship filed on or after the
effective date of this Act. A suit filed before the effective date
of this Act is governed by the law in effect on the date the suit is
filed, and the former law is continued in effect for that purpose.
SECTION 8. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1087 was passed by the House on May 6,
2023, by the following vote: Yeas 127, Nays 7, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 1087 on May 25, 2023, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1087 was passed by the Senate, with
amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor