88R30492 MLH-F
By: West, et al. S.B. No. 2591
(Shaheen)
Substitute the following for S.B. No. 2591: No.
A BILL TO BE ENTITLED
AN ACT
relating to the appointment of the Department of Family and
Protective Services and a child's parent or legal guardian as joint
managing conservators for the child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 262.352, Family Code, is amended by
adding Subsection (b) to read as follows:
(b) A court shall enter an order appointing the department
and the child's parent or legal guardian as joint managing
conservators of the child if the court finds sufficient evidence to
satisfy a person of ordinary prudence and caution that the child's
parent or legal guardian has:
(1) exhausted all reasonable means available to the
parent or legal guardian to obtain mental health services to meet
the child's needs; and
(2) agreed to actively participate in the child's
service plan in preparation for the child's return to the parent or
legal guardian.
SECTION 2. The change in law made by this Act applies 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 3. This Act takes effect September 1, 2023.