Texas 2023 - 88th Regular

Texas Senate Bill SB2562 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	By: Middleton S.B. No. 2562
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the procedures for the removal of certain children in
7	7	the managing conservatorship of the Department of Family and
8	8	Protective Services.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 263.403, Family Code, is amended by
11	11	amending Subsection (c) and adding Subsections (c-1), (c-2), and
12	12	(c-3) to read as follows:
13	13	(c) If before the dismissal of the suit or the commencement
14	14	of the trial on the merits a child placed with a parent under this
15	15	section must be moved from that home and [by the department or] the
16	16	court renders a temporary order terminating the monitored return
17	17	under Subsection (a)(2)(A) or the transition order issued under
18	18	Subsection (a)(2)(B), the court shall[, at the time of the move or
19	19	order,] schedule a new date for dismissal of the suit at the time
20	20	the order is rendered. The new dismissal date may not be later than
21	21	the original, or extended, dismissal date established under Section
22	22	263.401, or the 30th [180th] day after the date the child is moved
23	23	or the order is rendered under this subsection, whichever date is
24	24	later.
25	25	(c-1) Except as provided by Subsection (c-2), the
26	26	department may not move a child who has been placed in the home of a
27	27	parent under this section from that home without a hearing.
28	28	(c-2) An authorized representative of the department, a law
29	29	enforcement officer, or a juvenile probation officer may take
30	30	possession of the child and move the child from the home in an
31	31	emergency in accordance with Section 262.104. Before moving a child
32	32	from the home under this subsection, the department, a law
33	33	enforcement officer, or a juvenile probation officer shall to the
34	34	extent practicable obtain consent to the move from the child's
35	35	attorney ad litem and guardian ad litem. If a child is moved from
36	36	the home in an emergency as authorized by this subsection, the court
37	37	shall, after proper notice, hold a hearing on the move. The hearing
38	38	must be held before the end of the third day after the day the child
39	39	is moved from the home.
40	40	(c-3) The court may order a child to be moved from the home
41	41	or render any other order under Subsection (c) only if, after a
42	42	hearing, the court finds by a preponderance of evidence that:
43	43	(1) there is an immediate danger to the physical
44	44	health or safety of the child or the child has been a victim of
45	45	neglect or sexual abuse;
46	46	(2) continuation in the home would be contrary to the
47	47	child's welfare; and
48	48	(3) reasonable efforts, consistent with the
49	49	circumstances and providing for the safety of the child, were made
50	50	to prevent or eliminate the need to move the child.
51	51	SECTION 2. The changes in law made by this Act apply only to
52	52	a suit affecting the parent-child relationship filed on or after
53	53	the effective date of this Act. A suit affecting the parent-child
54	54	relationship filed before the effective date of this Act is
55	55	governed by the law in effect on the date the suit was filed, and the
56	56	former law is continued in effect for that purpose.
57	57	SECTION 3. This Act takes effect September 1, 2023.