88R12581 MLH-F
By: Campos H.B. No. 4850
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures in a suit affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.014, Family Code, is amended to read
as follows:
Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. The [On the
request of the attorney for a parent who is a party in a suit
affecting the parent-child relationship filed under this chapter,
or the attorney ad litem for the parent's child, the] Department of
Family and Protective Services shall, not later than the seventh
day before the date of the full adversary hearing, provide to each
party:
(1) the name of any person, excluding a department
employee, whom the department will call as a witness to any of the
allegations contained in the petition filed by the department and
any witness statement provided by the person;
(2) a copy of any offense report relating to the
allegations contained in the petition filed by the department that
will be used in court to refresh a witness's memory; [and]
(3) a copy of any photograph, video, or recording that
will be presented as evidence;
(4) a copy of any report submitted to the department by
a medical provider with the forensic assessment center network
regarding a child who is the subject of the suit;
(5) all exculpatory, impeachment, or mitigating
evidence in the possession, custody, or control of the department
or its agent that:
(A) is relevant to a parent who is a party in the
suit; and
(B) tends to negate any claim of abuse or neglect
of a child by the parent; and
(6) a true and correct copy of the department's
investigative file, including the intake report with only the name
of the reporting party redacted.
SECTION 2. Section 262.105(a), Family Code, is amended to
read as follows:
(a) When a child is taken into possession without a court
order, the person taking the child into possession, without
unnecessary delay, shall:
(1) file a suit affecting the parent-child
relationship;
(2) request the court to appoint an attorney ad litem
for the child; [and]
(3) request an initial hearing to be held by no later
than the first business day after the date the child is taken into
possession; and
(4) provide notice of the initial hearing to the
person in possession of the child.
SECTION 3. Section 262.106(c), Family Code, is amended to
read as follows:
(c) If the initial hearing is not held within the time
required, the child shall be returned to the parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian who is presently entitled to possession of the child and
the suit affecting the parent-child relationship shall be
dismissed.
SECTION 4. Section 262.107(a), Family Code, is amended to
read as follows:
(a) The court shall order the return of the child at the
initial hearing regarding a child taken in possession without a
court order by a governmental entity and dismiss the suit affecting
the parent-child relationship, unless the court is satisfied that:
(1) the evidence shows that one of the following
circumstances exists:
(A) there is a continuing danger to the physical
health or safety of the child if the child is returned to the
parent, managing conservator, possessory conservator, guardian,
caretaker, or custodian who is presently entitled to possession of
the child;
(B) the child has been the victim of sexual abuse
or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one
or more occasions and that there is a substantial risk that the
child will be the victim of sexual abuse or of trafficking in the
future;
(C) the parent or person who has possession of
the child is currently using a controlled substance as defined by
Chapter 481, Health and Safety Code, and the use constitutes an
immediate danger to the physical health or safety of the child; or
(D) the parent or person who has possession of
the child has permitted the child to remain on premises used for the
manufacture of methamphetamine;
(2) continuation of the child in the home would be
contrary to the child's welfare; and
(3) reasonable efforts, consistent with the
circumstances and providing for the safety of the child, were made
to prevent or eliminate the need for removal of the child.
SECTION 5. Section 262.201, Family Code, is amended by
amending Subsections (a), (g), and (g-1) and adding Subsections
(b), (b-1), and (h-1) to read as follows:
(a) In a suit filed under Section 262.101 or 262.105,
[unless the child has already been returned to the parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian entitled to possession and the temporary order, if any,
has been dissolved,] a full adversary hearing shall be held not
later than the 14th day after the date the child was taken into
possession by the governmental entity, unless:
(1) the court grants an extension under Subsection (e)
or (e-1);
(2) the child has already been returned to the parent,
managing conservator, possessory conservator, guardian, caretaker,
or custodian entitled to possession and the temporary order, if
any, has been dissolved; or
(3) the parties to the suit agree to name the
Department of Family and Protective Services as temporary managing
conservator of the child.
(b) A court shall give precedence to a hearing under this
section over all other hearings and complete the hearing as soon as
practicable.
(b-1) If the court has not held a full adversary hearing
before the end of the 14th day after the date the child was taken
into possession by the governmental entity, the court shall dismiss
the case unless the court grants an extension under Subsection (e)
or (e-1).
(g) In a suit filed under Section 262.101 or 262.105, at the
conclusion of the full adversary hearing, the court shall order the
return of the child to the parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian entitled to
possession from whom the child is removed and dismiss the suit
affecting the parent-child relationship unless the court finds by a
preponderance of the [sufficient] evidence [to satisfy a person of
ordinary prudence and caution] that:
(1) there was an immediate [a] danger to the physical
health or safety of the child at the time the child was removed,
including a danger that the child would be a victim of trafficking
under Section 20A.02 or 20A.03, Penal Code, which was caused by an
act or failure to act of the person entitled to possession and for
the child to remain in the home is contrary to the welfare of the
child;
(2) the urgent need for protection required the
immediate removal of the child and reasonable efforts, consistent
with the circumstances and providing for the safety of the child,
were made to eliminate or prevent the child's removal; and
(3) reasonable efforts have been made to enable the
child to return home, but there is a substantial risk of a
continuing danger if the child is returned home.
(g-1) In a suit filed under Section 262.101 or 262.105, if
the court does not order the return of the child under Subsection
(g) and finds that another parent, managing conservator, possessory
conservator, guardian, caretaker, or custodian entitled to
possession did not cause the immediate danger to the physical
health or safety of the child or was not the perpetrator of the
neglect or abuse alleged in the suit, the court shall name that
person temporary sole managing conservator [order possession] of
the child [by that person] unless the court finds by a preponderance
of the [sufficient] evidence [to satisfy a person of ordinary
prudence and caution] that, specific to each person entitled to
possession:
(1) the person cannot be located after the exercise of
due diligence by the Department of Family and Protective Services,
or the person is unable or unwilling to take possession of the
child; or
(2) reasonable efforts have been made to enable the
person's possession of the child, but possession by that person
presents a continuing danger to the physical health or safety of the
child caused by an act or failure to act of the person, including a
danger that the child would be a victim of trafficking under Section
20A.02 or 20A.03, Penal Code.
(h-1) If the court finds that the child has been abused or
neglected, the court shall record in the court's order the factual
basis for the finding of abuse or neglect, including to the extent
possible, each person's acts or omissions that formed the basis of
the court's finding of abuse or neglect.
SECTION 6. Section 263.002(c), Family Code, is amended to
read as follows:
(c) At each permanency hearing before the final order, the
court shall review the placement of each child in the temporary
managing conservatorship of the department who has not been
returned to the child's home. At the end of the hearing, the court
shall order the department to return the child to the child's parent
or parents and dismiss the case unless:
(1) the court finds, with respect to each parent,
that:
(A) [(1)] there is a continuing danger to the
physical health or safety of the child; and
(B) [(2)] returning the child to the child's
parent or parents is contrary to the welfare of the child; or
(2) the parties agree that the department should
continue as temporary managing conservator of the child.
SECTION 7. Section 263.501, Family Code, is amended by
adding Subsections (h) and (i) to read as follows:
(h) At each permanency hearing, the court shall order the
department to provide services to a parent for not more than six
months after the date of the permanency hearing, if the court
determines that further efforts at reunification with a parent are:
(1) in the best interests of the child; and
(2) likely to result in the child's safe return to the
parent.
(i) At each permanency hearing held under this section, the
court shall review the parent's progress relating to any services
the court has ordered and, if appropriate, on its own motion, modify
the final order to return the child to the parent. This subsection
does not prohibit the department or the child's attorney ad litem
from filing a motion to modify the final order.
SECTION 8. Section 263.5031(a), Family Code, is amended to
read as follows:
(a) At each permanency hearing after the court renders a
final order, the court shall:
(1) identify all persons and parties present at the
hearing;
(2) review the efforts of the department or other
agency in notifying persons entitled to notice under Section
263.0021;
(3) for a child placed with a relative of the child or
other designated caregiver, review the efforts of the department to
inform the caregiver of:
(A) the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
applicable; and
(B) the permanency care assistance program under
Subchapter K, Chapter 264; and
(4) review the permanency progress report to
determine:
(A) the safety and well-being of the child and
whether the child's needs, including any medical or special needs,
are being adequately addressed;
(B) whether the child has been provided the
opportunity, in a developmentally appropriate manner, to identify
any adult, particularly an adult residing in the child's community,
who could be a relative or designated caregiver for the child;
(C) whether the department placed the child with
a relative or designated caregiver and the continuing necessity and
appropriateness of the placement of the child, including with
respect to a child who has been placed outside of this state,
whether the placement continues to be in the best interest of the
child;
(D) if the child is placed in institutional care,
whether efforts have been made to ensure that the child is placed in
the least restrictive environment consistent with the child's best
interest and special needs;
(E) the appropriateness of the primary and
alternative permanency goals for the child, whether the department
has made reasonable efforts to finalize the permanency plan,
including the concurrent permanency goals, in effect for the child,
and whether:
(i) the department has exercised due
diligence in attempting to place the child for adoption if parental
rights to the child have been terminated and the child is eligible
for adoption; or
(ii) another permanent placement,
including appointing a relative as permanent managing conservator
or returning the child to a parent, is appropriate for the child;
(F) for a child whose permanency goal is another
planned permanent living arrangement:
(i) the desired permanency outcome for the
child, by asking the child;
(ii) whether, as of the date of the hearing,
another planned permanent living arrangement is the best permanency
plan for the child and, if so, provide compelling reasons why it
continues to not be in the best interest of the child to:
(a) return home;
(b) be placed for adoption;
(c) be placed with a legal guardian;
or
(d) be placed with a fit and willing
relative;
(iii) whether the department has conducted
an independent living skills assessment under Section
264.121(a-3);
(iv) whether the department has addressed
the goals identified in the child's permanency plan, including the
child's housing plan, and the results of the independent living
skills assessment;
(v) if the youth is 16 years of age or
older, whether there is evidence that the department has provided
the youth with the documents and information listed in Section
264.121(e); and
(vi) if the youth is 18 years of age or
older or has had the disabilities of minority removed, whether
there is evidence that the department has provided the youth with
the documents and information listed in Section 264.121(e-1);
(G) if the child is 14 years of age or older,
whether services that are needed to assist the child in
transitioning from substitute care to independent living are
available in the child's community;
(H) whether the child is receiving appropriate
medical care and has been provided the opportunity, in a
developmentally appropriate manner, to express the child's opinion
on any medical care provided;
(I) for a child receiving psychotropic
medication, whether the child:
(i) has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
the child's needs; or
(ii) has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
once every 90 days;
(J) whether an education decision-maker for the
child has been identified, the child's education needs and goals
have been identified and addressed, and there are major changes in
the child's school performance or there have been serious
disciplinary events; and
(K) [for a child for whom the department has been
named managing conservator in a final order that does not include
termination of parental rights, whether to order the department to
provide services to a parent for not more than six months after the
date of the permanency hearing if:
[(i) the child has not been placed with a
relative or other individual, including a foster parent, who is
seeking permanent managing conservatorship of the child; and
[(ii) the court determines that further
efforts at reunification with a parent are:
[(a) in the best interest of the
child; and
[(b) likely to result in the child's
safe return to the child's parent; and
[(L)] whether the department has identified a
family or other caring adult who has made a permanent commitment to
the child.
SECTION 9. Section 264.203(n), Family Code, is amended to
read as follows:
(n) If the court renders an order granting the petition, the
court shall:
(1) state its findings in the order; and
(2) [make appropriate temporary orders under Chapter
105 necessary to ensure the safety of the child; and
[(3)] order the participation in specific services
narrowly tailored to address the findings made by the court under
Subsection (m).
SECTION 10. Section 262.106(b), Family Code, is repealed.
SECTION 11. The change in law made by this Act applies to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or that is filed on or
after the effective date of this Act.
SECTION 12. This Act takes effect September 1, 2023.