Texas 2023 - 88th Regular

Texas Senate Bill SB2548 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R29780 BDP-F
2	2	By: Middleton S.B. No. 2548
3	3	(Leo-Wilson, et al.)
4	4	Substitute the following for S.B. No. 2548: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the procedures for the removal of certain children in
10	10	the managing conservatorship of the Department of Family and
11	11	Protective Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 263.403, Family Code, is amended by
14	14	amending Subsection (c) and adding Subsections (c-1), (c-2), and
15	15	(c-3) to read as follows:
16	16	(c) If before the dismissal of the suit or the commencement
17	17	of the trial on the merits a child placed with a parent under this
18	18	section must be moved from that home and [by the department or] the
19	19	court renders a temporary order terminating the monitored return
20	20	under Subsection (a)(2)(A) or the transition order issued under
21	21	Subsection (a)(2)(B), the court shall[, at the time of the move or
22	22	order,] schedule a new date for dismissal of the suit at the time
23	23	the order is rendered. The new dismissal date may not be later than
24	24	the original, or extended, dismissal date established under Section
25	25	263.401, or the 60th [180th] day after the date [the child is moved
26	26	or] the order is rendered under this subsection, whichever date is
27	27	later.
28	28	(c-1) Except as provided by Subsection (c-2), the
29	29	department may not move a child who has been placed in the home of a
30	30	parent under this section from that home without a court order after
31	31	proper notice and a hearing.
32	32	(c-2) An authorized representative of the department, a law
33	33	enforcement officer, or a juvenile probation officer may take
34	34	possession of the child and move the child from the home in an
35	35	emergency in accordance with Section 262.104. Before moving a child
36	36	from the home under this subsection, the department, a law
37	37	enforcement officer, or a juvenile probation officer shall to the
38	38	extent practicable obtain consent to the move from the child's
39	39	attorney ad litem and guardian ad litem. If a child is moved from
40	40	the home in an emergency as authorized by this subsection, the court
41	41	shall, after proper notice, hold a hearing on the move. The hearing
42	42	must be held before the end of the third day after the day the child
43	43	is moved from the home.
44	44	(c-3) The court may order a child to be moved from the home
45	45	or render any other order under Subsection (c) only if, after proper
46	46	notice and a hearing, the court finds by a preponderance of evidence
47	47	that:
48	48	(1) there is an immediate danger to the physical
49	49	health or safety of the child or the child has been a victim of
50	50	neglect or sexual abuse;
51	51	(2) continuation in the home would be contrary to the
52	52	child's welfare; and
53	53	(3) reasonable efforts, consistent with the
54	54	circumstances and providing for the safety of the child, were made
55	55	to prevent or eliminate the need to move the child.
56	56	SECTION 2. The changes in law made by this Act apply only to
57	57	a suit affecting the parent-child relationship filed on or after
58	58	the effective date of this Act. A suit affecting the parent-child
59	59	relationship filed before the effective date of this Act is
60	60	governed by the law in effect on the date the suit was filed, and the
61	61	former law is continued in effect for that purpose.
62	62	SECTION 3. This Act takes effect September 1, 2023.