Texas 2023 - 88th Regular

Texas House Bill HB1087 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 1087
2	2
3	3
4	4	AN ACT
5	5	relating to the requirements for certain petitions and orders in
6	6	suits affecting the parent-child relationship filed by the
7	7	Department of Family and Protective Services and the contents of a
8	8	petition in certain suits affecting the parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 161.001, Family Code, is amended by
11	11	adding Subsections (f) and (g) to read as follows:
12	12	(f) In a suit for termination of the parent-child
13	13	relationship filed by the Department of Family and Protective
14	14	Services, the court may not order termination of the parent-child
15	15	relationship under Subsection (b)(1) unless the court finds by
16	16	clear and convincing evidence and describes in writing with
17	17	specificity in a separate section of the order that:
18	18	(1) the department made reasonable efforts to return
19	19	the child to the parent before commencement of a trial on the merits
20	20	and despite those reasonable efforts, a continuing danger remains
21	21	in the home that prevents the return of the child to the parent; or
22	22	(2) reasonable efforts to return the child to the
23	23	parent, including the requirement for the department to provide a
24	24	family service plan to the parent, have been waived under Section
25	25	262.2015.
26	26	(g) In a suit for termination of the parent-child
27	27	relationship filed by the Department of Family and Protective
28	28	Services in which the department made reasonable efforts to return
29	29	the child to the child's home but a continuing danger in the home
30	30	prevented the child's return, the court shall include in a separate
31	31	section of its order written findings describing with specificity
32	32	the reasonable efforts the department made to return the child to
33	33	the child's home.
34	34	SECTION 2. Section 262.101, Family Code, is amended to read
35	35	as follows:
36	36	Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
37	37	CHILD. (a) An original suit filed by a governmental entity that
38	38	requests permission to take possession of a child without prior
39	39	notice and a hearing must be supported by an affidavit sworn to by a
40	40	person with personal knowledge and stating facts sufficient to
41	41	satisfy a person of ordinary prudence and caution that:
42	42	(1) there is an immediate danger to the physical
43	43	health or safety of the child or the child has been a victim of
44	44	neglect or sexual abuse;
45	45	(2) continuation in the home would be contrary to the
46	46	child's welfare;
47	47	(3) there is no time, consistent with the physical
48	48	health or safety of the child, for a full adversary hearing under
49	49	Subchapter C; and
50	50	(4) reasonable efforts, consistent with the
51	51	circumstances and providing for the safety of the child, were made
52	52	to prevent or eliminate the need for the removal of the child.
53	53	(b) The affidavit required by Subsection (a) must describe
54	54	with specificity in a separate section all reasonable efforts,
55	55	consistent with the circumstances and providing for the safety of
56	56	the child, that were made to prevent or eliminate the need for the
57	57	removal of the child.
58	58	SECTION 3. Section 262.102, Family Code, is amended by
59	59	adding Subsection (e) to read as follows:
60	60	(e) The temporary order, temporary restraining order, or
61	61	attachment of a child rendered by the court under Subsection (a)
62	62	must describe with specificity in a separate section the reasonable
63	63	efforts, consistent with the circumstances and providing for the
64	64	safety of the child, that were made to prevent or eliminate the need
65	65	for the removal of the child as required by Subsection (a)(4).
66	66	SECTION 4. Section 262.105, Family Code, is amended by
67	67	adding Subsection (c) to read as follows:
68	68	(c) The affidavit required by Subsection (b) must describe
69	69	with specificity in a separate section all reasonable efforts,
70	70	consistent with the circumstances and providing for the safety of
71	71	the child, that were made to prevent or eliminate the need for the
72	72	removal of the child.
73	73	SECTION 5. Section 262.107, Family Code, is amended by
74	74	adding Subsection (c) to read as follows:
75	75	(c) If the court does not order the return of the child at an
76	76	initial hearing under Subsection (a), the court must describe in
77	77	writing and in a separate section the reasonable efforts,
78	78	consistent with the circumstances and providing for the safety of
79	79	the child, that were made to prevent or eliminate the need for the
80	80	removal of the child.
81	81	SECTION 6. Section 262.201, Family Code, is amended by
82	82	adding Subsection (g-2) to read as follows:
83	83	(g-2) If, at the conclusion of a full adversary hearing, the
84	84	court renders an order under Subsection (g) or (g-1), the court must
85	85	describe in writing and in a separate section:
86	86	(1) the reasonable efforts that were made to enable
87	87	the child to return home and the substantial risk of a continuing
88	88	danger if the child is returned home, as required by Subsection
89	89	(g)(3); or
90	90	(2) the reasonable efforts that were made to enable a
91	91	person's possession of the child and the continuing danger to the
92	92	physical health or safety of the child as required by Subsection
93	93	(g-1)(2).
94	94	SECTION 7. The changes in law made by this Act apply to a
95	95	suit affecting the parent-child relationship filed on or after the
96	96	effective date of this Act. A suit filed before the effective date
97	97	of this Act is governed by the law in effect on the date the suit is
98	98	filed, and the former law is continued in effect for that purpose.
99	99	SECTION 8. This Act takes effect September 1, 2023.
100	100	______________________________ ______________________________
101	101	President of the Senate Speaker of the House
102	102	I certify that H.B. No. 1087 was passed by the House on May 6,
103	103	2023, by the following vote: Yeas 127, Nays 7, 2 present, not
104	104	voting; and that the House concurred in Senate amendments to H.B.
105	105	No. 1087 on May 25, 2023, by the following vote: Yeas 140, Nays 0,
106	106	2 present, not voting.
107	107	______________________________
108	108	Chief Clerk of the House
109	109	I certify that H.B. No. 1087 was passed by the Senate, with
110	110	amendments, on May 22, 2023, by the following vote: Yeas 31, Nays
111	111	0.
112	112	______________________________
113	113	Secretary of the Senate
114	114	APPROVED: __________________
115	115	Date
116	116	__________________
117	117	Governor