88R6716 MLH-F
By: Gates H.B. No. 5193
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures in suits affecting the parent-child
relationship filed by the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.008(b), Family Code, is amended to
read as follows:
(b) The petition must include:
(1) a statement that:
(A) the court in which the petition is filed has
continuing, exclusive jurisdiction or that no court has continuing
jurisdiction of the suit; or
(B) in a suit in which adoption of a child is
requested, the court in which the petition is filed has
jurisdiction of the suit under Section 103.001(b);
(2) the name and date of birth of the child, except
that if adoption of a child is requested, the name of the child may
be omitted;
(3) the full name of the petitioner and the
petitioner's relationship to the child or the fact that no
relationship exists;
(4) the names of the parents, except in a suit in which
adoption is requested;
(5) the name of the managing conservator, if any, or
the child's custodian, if any, appointed by order of a court of
another state or country;
(6) the names of the guardians of the person and estate
of the child, if any;
(7) the names of possessory conservators or other
persons, if any, having possession of or access to the child under
an order of the court;
(8) the name of an alleged father of the child or a
statement that the identity of the father of the child is unknown;
(9) a full description and statement of value of all
property owned or possessed by the child;
(10) a statement describing what action the court is
requested to take concerning the child and the statutory grounds on
which the request is made;
(11) in a suit under Chapter 161, 261, or 262, a
separate statement describing the particular statutory grounds of
abuse or neglect alleged as to each applicable child;
(12) a statement as to whether, in regard to a party to
the suit or a child of a party to the suit:
(A) there is in effect:
(i) a protective order under Title 4;
(ii) a protective order under Subchapter A,
Chapter 7B, Code of Criminal Procedure; or
(iii) an order for emergency protection
under Article 17.292, Code of Criminal Procedure; or
(B) an application for an order described by
Paragraph (A) is pending; and
(13) [(12)] any other information required by this
title.
SECTION 2. Chapter 104, Family Code, is amended by adding
Sections 104.009 and 104.010 to read as follows:
Sec. 104.009. ADMISSIBILITY OF CERTAIN EVIDENCE. Except as
otherwise provided by law, Article 38.23, Code of Criminal
Procedure, applies to the admissibility of evidence in a suit filed
by the Department of Family and Protective Services under Chapter
161 or 262 in the same manner as if the person responsible for a
child's care, custody, or welfare was a defendant in a criminal
prosecution.
Sec. 104.010. DUTY TO DISCLOSE CERTAIN INFORMATION TO
PARENT. (a) In a suit filed by the Department of Family and
Protective Services under Chapter 161, 261, or 262 against a person
responsible for a child's care, custody, or welfare, the department
and the attorney for the state shall disclose to the person any
exculpatory, impeachment, or mitigating document, item, or
information in the possession, custody, or control of the state
that tends to disprove an allegation against the person as soon as
practicable after obtaining the document, item, or information.
(b) The Department of Family and Protective Services and the
attorney for the state shall disclose a document, item, or
information under this section in a manner consistent with any laws
protecting the confidentiality of any person who made a report on
which the suit is based.
SECTION 3. Subchapter D, Chapter 261, Family Code, is
amended by adding Section 261.3111 to read as follows:
Sec. 261.3111. NOTICE REQUIRED ON INITIAL CONTACT WITH
INDIVIDUAL SUBJECT TO INVESTIGATION. (a) At the time of the
initial contact with an individual subject to an investigation
under this chapter, or with the individual's legal representative,
the department shall:
(1) notify the individual or the legal representative
of the complaints or allegations made against the individual by
reading or otherwise providing the complete report made concerning
the individual in a manner that is consistent with any laws
protecting the rights of the informant; and
(2) disclose to the individual or the legal
representative whether the report of abuse or neglect was made
anonymously.
(b) The department shall give the notice required by
Subsection (a) regardless of the manner in which the initial
contact is made, including contact by telephone, by e-mail or other
electronic communication, or in person.
(c) The department shall provide a written copy of the
notice required by this section on request of the individual
subject to an investigation under this chapter or the individual's
legal representative.
SECTION 4. Sections 262.201(g) and (h), Family Code, are
amended to read as follows:
(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 unless the court finds by
a preponderance of the evidence [sufficient evidence to satisfy a
person of ordinary prudence and caution] that:
(1) there was a danger to the physical health or safety
of the child, 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 a preponderance of the evidence shows that
there is a substantial risk of a continuing danger if the child is
returned home.
(h) In a suit filed under Section 262.101 or 262.105, if the
court makes [finds sufficient evidence to make] the applicable
finding under Subsection (g) or (g-1) by a preponderance of the
evidence, the court shall issue an appropriate temporary order
under Chapter 105.
SECTION 5. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.207 to read as follows:
Sec. 262.207. EXAMINATION OF CHILD. On the motion of a
person responsible for a child's care, custody, or welfare being
investigated for abuse or neglect of the child, the court shall
render an order allowing an examination of the child to be performed
at least 72 hours before the full adversary hearing. The
examination may include medical, dental, educational,
developmental, psychological, or psychiatric evaluations or
assessments by providers chosen by the person.
SECTION 6. Section 264.408, Family Code, is amended by
adding Subsection (d-2) to read as follows:
(d-2) In a suit filed by the department under Chapter 161 or
262, the department shall produce an electronic recording of an
interview described by Subsection (d) to the person responsible for
a child's care, custody, or welfare being investigated for abuse or
neglect. A court may not deny a request by the person to copy,
photograph, duplicate, or otherwise reproduce an electronic
recording of the interview.
SECTION 7. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit affecting the parent-child
relationship filed before the effective date of this Act is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 8. The changes in law made by this Act apply only to
a report of suspected abuse or neglect made on or after the
effective date of this Act. A report of suspected abuse or neglect
made before that date is governed by the law in effect on the date
the report was made, and that law is continued in effect for that
purpose.
SECTION 9. This Act takes effect September 1, 2023.