Texas 2023 - 88th Regular

Texas House Bill HB5193 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R6716 MLH-F
2	2	By: Gates H.B. No. 5193
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures in suits affecting the parent-child
8	8	relationship filed by the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 102.008(b), Family Code, is amended to
12	12	read as follows:
13	13	(b) The petition must include:
14	14	(1) a statement that:
15	15	(A) the court in which the petition is filed has
16	16	continuing, exclusive jurisdiction or that no court has continuing
17	17	jurisdiction of the suit; or
18	18	(B) in a suit in which adoption of a child is
19	19	requested, the court in which the petition is filed has
20	20	jurisdiction of the suit under Section 103.001(b);
21	21	(2) the name and date of birth of the child, except
22	22	that if adoption of a child is requested, the name of the child may
23	23	be omitted;
24	24	(3) the full name of the petitioner and the
25	25	petitioner's relationship to the child or the fact that no
26	26	relationship exists;
27	27	(4) the names of the parents, except in a suit in which
28	28	adoption is requested;
29	29	(5) the name of the managing conservator, if any, or
30	30	the child's custodian, if any, appointed by order of a court of
31	31	another state or country;
32	32	(6) the names of the guardians of the person and estate
33	33	of the child, if any;
34	34	(7) the names of possessory conservators or other
35	35	persons, if any, having possession of or access to the child under
36	36	an order of the court;
37	37	(8) the name of an alleged father of the child or a
38	38	statement that the identity of the father of the child is unknown;
39	39	(9) a full description and statement of value of all
40	40	property owned or possessed by the child;
41	41	(10) a statement describing what action the court is
42	42	requested to take concerning the child and the statutory grounds on
43	43	which the request is made;
44	44	(11) in a suit under Chapter 161, 261, or 262, a
45	45	separate statement describing the particular statutory grounds of
46	46	abuse or neglect alleged as to each applicable child;
47	47	(12) a statement as to whether, in regard to a party to
48	48	the suit or a child of a party to the suit:
49	49	(A) there is in effect:
50	50	(i) a protective order under Title 4;
51	51	(ii) a protective order under Subchapter A,
52	52	Chapter 7B, Code of Criminal Procedure; or
53	53	(iii) an order for emergency protection
54	54	under Article 17.292, Code of Criminal Procedure; or
55	55	(B) an application for an order described by
56	56	Paragraph (A) is pending; and
57	57	(13) [(12)] any other information required by this
58	58	title.
59	59	SECTION 2. Chapter 104, Family Code, is amended by adding
60	60	Sections 104.009 and 104.010 to read as follows:
61	61	Sec. 104.009. ADMISSIBILITY OF CERTAIN EVIDENCE. Except as
62	62	otherwise provided by law, Article 38.23, Code of Criminal
63	63	Procedure, applies to the admissibility of evidence in a suit filed
64	64	by the Department of Family and Protective Services under Chapter
65	65	161 or 262 in the same manner as if the person responsible for a
66	66	child's care, custody, or welfare was a defendant in a criminal
67	67	prosecution.
68	68	Sec. 104.010. DUTY TO DISCLOSE CERTAIN INFORMATION TO
69	69	PARENT. (a) In a suit filed by the Department of Family and
70	70	Protective Services under Chapter 161, 261, or 262 against a person
71	71	responsible for a child's care, custody, or welfare, the department
72	72	and the attorney for the state shall disclose to the person any
73	73	exculpatory, impeachment, or mitigating document, item, or
74	74	information in the possession, custody, or control of the state
75	75	that tends to disprove an allegation against the person as soon as
76	76	practicable after obtaining the document, item, or information.
77	77	(b) The Department of Family and Protective Services and the
78	78	attorney for the state shall disclose a document, item, or
79	79	information under this section in a manner consistent with any laws
80	80	protecting the confidentiality of any person who made a report on
81	81	which the suit is based.
82	82	SECTION 3. Subchapter D, Chapter 261, Family Code, is
83	83	amended by adding Section 261.3111 to read as follows:
84	84	Sec. 261.3111. NOTICE REQUIRED ON INITIAL CONTACT WITH
85	85	INDIVIDUAL SUBJECT TO INVESTIGATION. (a) At the time of the
86	86	initial contact with an individual subject to an investigation
87	87	under this chapter, or with the individual's legal representative,
88	88	the department shall:
89	89	(1) notify the individual or the legal representative
90	90	of the complaints or allegations made against the individual by
91	91	reading or otherwise providing the complete report made concerning
92	92	the individual in a manner that is consistent with any laws
93	93	protecting the rights of the informant; and
94	94	(2) disclose to the individual or the legal
95	95	representative whether the report of abuse or neglect was made
96	96	anonymously.
97	97	(b) The department shall give the notice required by
98	98	Subsection (a) regardless of the manner in which the initial
99	99	contact is made, including contact by telephone, by e-mail or other
100	100	electronic communication, or in person.
101	101	(c) The department shall provide a written copy of the
102	102	notice required by this section on request of the individual
103	103	subject to an investigation under this chapter or the individual's
104	104	legal representative.
105	105	SECTION 4. Sections 262.201(g) and (h), Family Code, are
106	106	amended to read as follows:
107	107	(g) In a suit filed under Section 262.101 or 262.105, at the
108	108	conclusion of the full adversary hearing, the court shall order the
109	109	return of the child to the parent, managing conservator, possessory
110	110	conservator, guardian, caretaker, or custodian entitled to
111	111	possession from whom the child is removed unless the court finds by
112	112	a preponderance of the evidence [sufficient evidence to satisfy a
113	113	person of ordinary prudence and caution] that:
114	114	(1) there was a danger to the physical health or safety
115	115	of the child, including a danger that the child would be a victim of
116	116	trafficking under Section 20A.02 or 20A.03, Penal Code, which was
117	117	caused by an act or failure to act of the person entitled to
118	118	possession and for the child to remain in the home is contrary to
119	119	the welfare of the child;
120	120	(2) the urgent need for protection required the
121	121	immediate removal of the child and reasonable efforts, consistent
122	122	with the circumstances and providing for the safety of the child,
123	123	were made to eliminate or prevent the child's removal; and
124	124	(3) reasonable efforts have been made to enable the
125	125	child to return home, but a preponderance of the evidence shows that
126	126	there is a substantial risk of a continuing danger if the child is
127	127	returned home.
128	128	(h) In a suit filed under Section 262.101 or 262.105, if the
129	129	court makes [finds sufficient evidence to make] the applicable
130	130	finding under Subsection (g) or (g-1) by a preponderance of the
131	131	evidence, the court shall issue an appropriate temporary order
132	132	under Chapter 105.
133	133	SECTION 5. Subchapter C, Chapter 262, Family Code, is
134	134	amended by adding Section 262.207 to read as follows:
135	135	Sec. 262.207. EXAMINATION OF CHILD. On the motion of a
136	136	person responsible for a child's care, custody, or welfare being
137	137	investigated for abuse or neglect of the child, the court shall
138	138	render an order allowing an examination of the child to be performed
139	139	at least 72 hours before the full adversary hearing. The
140	140	examination may include medical, dental, educational,
141	141	developmental, psychological, or psychiatric evaluations or
142	142	assessments by providers chosen by the person.
143	143	SECTION 6. Section 264.408, Family Code, is amended by
144	144	adding Subsection (d-2) to read as follows:
145	145	(d-2) In a suit filed by the department under Chapter 161 or
146	146	262, the department shall produce an electronic recording of an
147	147	interview described by Subsection (d) to the person responsible for
148	148	a child's care, custody, or welfare being investigated for abuse or
149	149	neglect. A court may not deny a request by the person to copy,
150	150	photograph, duplicate, or otherwise reproduce an electronic
151	151	recording of the interview.
152	152	SECTION 7. The changes in law made by this Act apply only to
153	153	a suit affecting the parent-child relationship filed on or after
154	154	the effective date of this Act. A suit affecting the parent-child
155	155	relationship filed before the effective date of this Act is
156	156	governed by the law in effect on the date the suit was filed, and the
157	157	former law is continued in effect for that purpose.
158	158	SECTION 8. The changes in law made by this Act apply only to
159	159	a report of suspected abuse or neglect made on or after the
160	160	effective date of this Act. A report of suspected abuse or neglect
161	161	made before that date is governed by the law in effect on the date
162	162	the report was made, and that law is continued in effect for that
163	163	purpose.
164	164	SECTION 9. This Act takes effect September 1, 2023.