By: Hull (Senate Sponsor - Middleton) H.B. No. 1087
(In the Senate - Received from the House May 8, 2023;
May 9, 2023, read first time and referred to Committee on State
Affairs; May 19, 2023, reported favorably by the following vote:
Yeas 9, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to 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 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
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 2. 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 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 3. Section 262.105, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The affidavit required by Subsection (b) must describe
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 4. 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 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 5. 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:
(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 6. 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 7. This Act takes effect September 1, 2023.
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