Texas 2023 - 88th Regular

Texas House Bill HB4850 Compare Versions

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1	1	88R12581 MLH-F
2	2	By: Campos H.B. No. 4850
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures in a suit affecting the parent-child
8	8	relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 262.014, Family Code, is amended to read
11	11	as follows:
12	12	Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. The [On the
13	13	request of the attorney for a parent who is a party in a suit
14	14	affecting the parent-child relationship filed under this chapter,
15	15	or the attorney ad litem for the parent's child, the] Department of
16	16	Family and Protective Services shall, not later than the seventh
17	17	day before the date of the full adversary hearing, provide to each
18	18	party:
19	19	(1) the name of any person, excluding a department
20	20	employee, whom the department will call as a witness to any of the
21	21	allegations contained in the petition filed by the department and
22	22	any witness statement provided by the person;
23	23	(2) a copy of any offense report relating to the
24	24	allegations contained in the petition filed by the department that
25	25	will be used in court to refresh a witness's memory; [and]
26	26	(3) a copy of any photograph, video, or recording that
27	27	will be presented as evidence;
28	28	(4) a copy of any report submitted to the department by
29	29	a medical provider with the forensic assessment center network
30	30	regarding a child who is the subject of the suit;
31	31	(5) all exculpatory, impeachment, or mitigating
32	32	evidence in the possession, custody, or control of the department
33	33	or its agent that:
34	34	(A) is relevant to a parent who is a party in the
35	35	suit; and
36	36	(B) tends to negate any claim of abuse or neglect
37	37	of a child by the parent; and
38	38	(6) a true and correct copy of the department's
39	39	investigative file, including the intake report with only the name
40	40	of the reporting party redacted.
41	41	SECTION 2. Section 262.105(a), Family Code, is amended to
42	42	read as follows:
43	43	(a) When a child is taken into possession without a court
44	44	order, the person taking the child into possession, without
45	45	unnecessary delay, shall:
46	46	(1) file a suit affecting the parent-child
47	47	relationship;
48	48	(2) request the court to appoint an attorney ad litem
49	49	for the child; [and]
50	50	(3) request an initial hearing to be held by no later
51	51	than the first business day after the date the child is taken into
52	52	possession; and
53	53	(4) provide notice of the initial hearing to the
54	54	person in possession of the child.
55	55	SECTION 3. Section 262.106(c), Family Code, is amended to
56	56	read as follows:
57	57	(c) If the initial hearing is not held within the time
58	58	required, the child shall be returned to the parent, managing
59	59	conservator, possessory conservator, guardian, caretaker, or
60	60	custodian who is presently entitled to possession of the child and
61	61	the suit affecting the parent-child relationship shall be
62	62	dismissed.
63	63	SECTION 4. Section 262.107(a), Family Code, is amended to
64	64	read as follows:
65	65	(a) The court shall order the return of the child at the
66	66	initial hearing regarding a child taken in possession without a
67	67	court order by a governmental entity and dismiss the suit affecting
68	68	the parent-child relationship, unless the court is satisfied that:
69	69	(1) the evidence shows that one of the following
70	70	circumstances exists:
71	71	(A) there is a continuing danger to the physical
72	72	health or safety of the child if the child is returned to the
73	73	parent, managing conservator, possessory conservator, guardian,
74	74	caretaker, or custodian who is presently entitled to possession of
75	75	the child;
76	76	(B) the child has been the victim of sexual abuse
77	77	or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one
78	78	or more occasions and that there is a substantial risk that the
79	79	child will be the victim of sexual abuse or of trafficking in the
80	80	future;
81	81	(C) the parent or person who has possession of
82	82	the child is currently using a controlled substance as defined by
83	83	Chapter 481, Health and Safety Code, and the use constitutes an
84	84	immediate danger to the physical health or safety of the child; or
85	85	(D) the parent or person who has possession of
86	86	the child has permitted the child to remain on premises used for the
87	87	manufacture of methamphetamine;
88	88	(2) continuation of the child in the home would be
89	89	contrary to the child's welfare; and
90	90	(3) reasonable efforts, consistent with the
91	91	circumstances and providing for the safety of the child, were made
92	92	to prevent or eliminate the need for removal of the child.
93	93	SECTION 5. Section 262.201, Family Code, is amended by
94	94	amending Subsections (a), (g), and (g-1) and adding Subsections
95	95	(b), (b-1), and (h-1) to read as follows:
96	96	(a) In a suit filed under Section 262.101 or 262.105,
97	97	[unless the child has already been returned to the parent, managing
98	98	conservator, possessory conservator, guardian, caretaker, or
99	99	custodian entitled to possession and the temporary order, if any,
100	100	has been dissolved,] a full adversary hearing shall be held not
101	101	later than the 14th day after the date the child was taken into
102	102	possession by the governmental entity, unless:
103	103	(1) the court grants an extension under Subsection (e)
104	104	or (e-1);
105	105	(2) the child has already been returned to the parent,
106	106	managing conservator, possessory conservator, guardian, caretaker,
107	107	or custodian entitled to possession and the temporary order, if
108	108	any, has been dissolved; or
109	109	(3) the parties to the suit agree to name the
110	110	Department of Family and Protective Services as temporary managing
111	111	conservator of the child.
112	112	(b) A court shall give precedence to a hearing under this
113	113	section over all other hearings and complete the hearing as soon as
114	114	practicable.
115	115	(b-1) If the court has not held a full adversary hearing
116	116	before the end of the 14th day after the date the child was taken
117	117	into possession by the governmental entity, the court shall dismiss
118	118	the case unless the court grants an extension under Subsection (e)
119	119	or (e-1).
120	120	(g) In a suit filed under Section 262.101 or 262.105, at the
121	121	conclusion of the full adversary hearing, the court shall order the
122	122	return of the child to the parent, managing conservator, possessory
123	123	conservator, guardian, caretaker, or custodian entitled to
124	124	possession from whom the child is removed and dismiss the suit
125	125	affecting the parent-child relationship unless the court finds by a
126	126	preponderance of the [sufficient] evidence [to satisfy a person of
127	127	ordinary prudence and caution] that:
128	128	(1) there was an immediate [a] danger to the physical
129	129	health or safety of the child at the time the child was removed,
130	130	including a danger that the child would be a victim of trafficking
131	131	under Section 20A.02 or 20A.03, Penal Code, which was caused by an
132	132	act or failure to act of the person entitled to possession and for
133	133	the child to remain in the home is contrary to the welfare of the
134	134	child;
135	135	(2) the urgent need for protection required the
136	136	immediate removal of the child and reasonable efforts, consistent
137	137	with the circumstances and providing for the safety of the child,
138	138	were made to eliminate or prevent the child's removal; and
139	139	(3) reasonable efforts have been made to enable the
140	140	child to return home, but there is a substantial risk of a
141	141	continuing danger if the child is returned home.
142	142	(g-1) In a suit filed under Section 262.101 or 262.105, if
143	143	the court does not order the return of the child under Subsection
144	144	(g) and finds that another parent, managing conservator, possessory
145	145	conservator, guardian, caretaker, or custodian entitled to
146	146	possession did not cause the immediate danger to the physical
147	147	health or safety of the child or was not the perpetrator of the
148	148	neglect or abuse alleged in the suit, the court shall name that
149	149	person temporary sole managing conservator [order possession] of
150	150	the child [by that person] unless the court finds by a preponderance
151	151	of the [sufficient] evidence [to satisfy a person of ordinary
152	152	prudence and caution] that, specific to each person entitled to
153	153	possession:
154	154	(1) the person cannot be located after the exercise of
155	155	due diligence by the Department of Family and Protective Services,
156	156	or the person is unable or unwilling to take possession of the
157	157	child; or
158	158	(2) reasonable efforts have been made to enable the
159	159	person's possession of the child, but possession by that person
160	160	presents a continuing danger to the physical health or safety of the
161	161	child caused by an act or failure to act of the person, including a
162	162	danger that the child would be a victim of trafficking under Section
163	163	20A.02 or 20A.03, Penal Code.
164	164	(h-1) If the court finds that the child has been abused or
165	165	neglected, the court shall record in the court's order the factual
166	166	basis for the finding of abuse or neglect, including to the extent
167	167	possible, each person's acts or omissions that formed the basis of
168	168	the court's finding of abuse or neglect.
169	169	SECTION 6. Section 263.002(c), Family Code, is amended to
170	170	read as follows:
171	171	(c) At each permanency hearing before the final order, the
172	172	court shall review the placement of each child in the temporary
173	173	managing conservatorship of the department who has not been
174	174	returned to the child's home. At the end of the hearing, the court
175	175	shall order the department to return the child to the child's parent
176	176	or parents and dismiss the case unless:
177	177	(1) the court finds, with respect to each parent,
178	178	that:
179	179	(A) [(1)] there is a continuing danger to the
180	180	physical health or safety of the child; and
181	181	(B) [(2)] returning the child to the child's
182	182	parent or parents is contrary to the welfare of the child; or
183	183	(2) the parties agree that the department should
184	184	continue as temporary managing conservator of the child.
185	185	SECTION 7. Section 263.501, Family Code, is amended by
186	186	adding Subsections (h) and (i) to read as follows:
187	187	(h) At each permanency hearing, the court shall order the
188	188	department to provide services to a parent for not more than six
189	189	months after the date of the permanency hearing, if the court
190	190	determines that further efforts at reunification with a parent are:
191	191	(1) in the best interests of the child; and
192	192	(2) likely to result in the child's safe return to the
193	193	parent.
194	194	(i) At each permanency hearing held under this section, the
195	195	court shall review the parent's progress relating to any services
196	196	the court has ordered and, if appropriate, on its own motion, modify
197	197	the final order to return the child to the parent. This subsection
198	198	does not prohibit the department or the child's attorney ad litem
199	199	from filing a motion to modify the final order.
200	200	SECTION 8. Section 263.5031(a), Family Code, is amended to
201	201	read as follows:
202	202	(a) At each permanency hearing after the court renders a
203	203	final order, the court shall:
204	204	(1) identify all persons and parties present at the
205	205	hearing;
206	206	(2) review the efforts of the department or other
207	207	agency in notifying persons entitled to notice under Section
208	208	263.0021;
209	209	(3) for a child placed with a relative of the child or
210	210	other designated caregiver, review the efforts of the department to
211	211	inform the caregiver of:
212	212	(A) the option to become verified by a licensed
213	213	child-placing agency to operate an agency foster home, if
214	214	applicable; and
215	215	(B) the permanency care assistance program under
216	216	Subchapter K, Chapter 264; and
217	217	(4) review the permanency progress report to
218	218	determine:
219	219	(A) the safety and well-being of the child and
220	220	whether the child's needs, including any medical or special needs,
221	221	are being adequately addressed;
222	222	(B) whether the child has been provided the
223	223	opportunity, in a developmentally appropriate manner, to identify
224	224	any adult, particularly an adult residing in the child's community,
225	225	who could be a relative or designated caregiver for the child;
226	226	(C) whether the department placed the child with
227	227	a relative or designated caregiver and the continuing necessity and
228	228	appropriateness of the placement of the child, including with
229	229	respect to a child who has been placed outside of this state,
230	230	whether the placement continues to be in the best interest of the
231	231	child;
232	232	(D) if the child is placed in institutional care,
233	233	whether efforts have been made to ensure that the child is placed in
234	234	the least restrictive environment consistent with the child's best
235	235	interest and special needs;
236	236	(E) the appropriateness of the primary and
237	237	alternative permanency goals for the child, whether the department
238	238	has made reasonable efforts to finalize the permanency plan,
239	239	including the concurrent permanency goals, in effect for the child,
240	240	and whether:
241	241	(i) the department has exercised due
242	242	diligence in attempting to place the child for adoption if parental
243	243	rights to the child have been terminated and the child is eligible
244	244	for adoption; or
245	245	(ii) another permanent placement,
246	246	including appointing a relative as permanent managing conservator
247	247	or returning the child to a parent, is appropriate for the child;
248	248	(F) for a child whose permanency goal is another
249	249	planned permanent living arrangement:
250	250	(i) the desired permanency outcome for the
251	251	child, by asking the child;
252	252	(ii) whether, as of the date of the hearing,
253	253	another planned permanent living arrangement is the best permanency
254	254	plan for the child and, if so, provide compelling reasons why it
255	255	continues to not be in the best interest of the child to:
256	256	(a) return home;
257	257	(b) be placed for adoption;
258	258	(c) be placed with a legal guardian;
259	259	or
260	260	(d) be placed with a fit and willing
261	261	relative;
262	262	(iii) whether the department has conducted
263	263	an independent living skills assessment under Section
264	264	264.121(a-3);
265	265	(iv) whether the department has addressed
266	266	the goals identified in the child's permanency plan, including the
267	267	child's housing plan, and the results of the independent living
268	268	skills assessment;
269	269	(v) if the youth is 16 years of age or
270	270	older, whether there is evidence that the department has provided
271	271	the youth with the documents and information listed in Section
272	272	264.121(e); and
273	273	(vi) if the youth is 18 years of age or
274	274	older or has had the disabilities of minority removed, whether
275	275	there is evidence that the department has provided the youth with
276	276	the documents and information listed in Section 264.121(e-1);
277	277	(G) if the child is 14 years of age or older,
278	278	whether services that are needed to assist the child in
279	279	transitioning from substitute care to independent living are
280	280	available in the child's community;
281	281	(H) whether the child is receiving appropriate
282	282	medical care and has been provided the opportunity, in a
283	283	developmentally appropriate manner, to express the child's opinion
284	284	on any medical care provided;
285	285	(I) for a child receiving psychotropic
286	286	medication, whether the child:
287	287	(i) has been provided appropriate
288	288	nonpharmacological interventions, therapies, or strategies to meet
289	289	the child's needs; or
290	290	(ii) has been seen by the prescribing
291	291	physician, physician assistant, or advanced practice nurse at least
292	292	once every 90 days;
293	293	(J) whether an education decision-maker for the
294	294	child has been identified, the child's education needs and goals
295	295	have been identified and addressed, and there are major changes in
296	296	the child's school performance or there have been serious
297	297	disciplinary events; and
298	298	(K) [for a child for whom the department has been
299	299	named managing conservator in a final order that does not include
300	300	termination of parental rights, whether to order the department to
301	301	provide services to a parent for not more than six months after the
302	302	date of the permanency hearing if:
303	303	[(i) the child has not been placed with a
304	304	relative or other individual, including a foster parent, who is
305	305	seeking permanent managing conservatorship of the child; and
306	306	[(ii) the court determines that further
307	307	efforts at reunification with a parent are:
308	308	[(a) in the best interest of the
309	309	child; and
310	310	[(b) likely to result in the child's
311	311	safe return to the child's parent; and
312	312	[(L)] whether the department has identified a
313	313	family or other caring adult who has made a permanent commitment to
314	314	the child.
315	315	SECTION 9. Section 264.203(n), Family Code, is amended to
316	316	read as follows:
317	317	(n) If the court renders an order granting the petition, the
318	318	court shall:
319	319	(1) state its findings in the order; and
320	320	(2) [make appropriate temporary orders under Chapter
321	321	105 necessary to ensure the safety of the child; and
322	322	[(3)] order the participation in specific services
323	323	narrowly tailored to address the findings made by the court under
324	324	Subsection (m).
325	325	SECTION 10. Section 262.106(b), Family Code, is repealed.
326	326	SECTION 11. The change in law made by this Act applies to a
327	327	suit affecting the parent-child relationship that is pending in a
328	328	trial court on the effective date of this Act or that is filed on or
329	329	after the effective date of this Act.
330	330	SECTION 12. This Act takes effect September 1, 2023.