87(1) HB 127 - Introduced version - Bill Text

	By:  Gates	H.B.  No.  127

	A BILL TO BE ENTITLED
	AN ACT
	relating to procedures in certain 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 262.101, Family Code, is amended to read
	as follows:
	Sec.  262.101.    FILING PETITION BEFORE TAKING POSSESSION OF
	CHILD. (a) An original suit filed by a governmental entity that
	requests permission to take possession of a child without prior
	notice and a hearing must be supported by an affidavit sworn to by a
	person with personal knowledge and stating facts sufficient to
	satisfy a person of ordinary prudence and caution that:
	(1)    there is an immediate danger to the physical
	health or safety of the child or the child has been a victim of
	neglect or sexual abuse;
	(2)    continuation in the home would be contrary to the
	child's welfare;
	(3)    there is no time, consistent with the physical
	health or safety of the child, for a full adversary hearing under
	Subchapter C; [and]
	(4)    the child would not be adequately protected in the
	child's home with an order for the removal of the alleged
	perpetrator under Section 262.1015 or 262.1016 or a protective
	order issued under Title 4;
	(5)    placing the child with a relative or designated
	caregiver or with a caregiver under a parental child safety
	placement agreement authorized by Subchapter L, Chapter 264:
	(A)    was offered but refused;
	(B)    was not possible because there was no time,
	consistent with the physical health or safety of the child and the
	nature of the emergency, to conduct the caregiver evaluation; or
	(C)    would pose an immediate danger to the
	physical health or safety of the child; and
	(6)    reasonable efforts, consistent with the
	circumstances and providing for the safety of the child, were made
	to prevent or eliminate the need for the removal of the child.
	(b)    The affidavit required by Subsection (a) must describe
	all reasonable efforts that were made to prevent or eliminate the
	need for the removal of the child.
	SECTION  2.    Subchapter B, Chapter 262, Family Code, is
	amended by adding Section 262.1016 to read as follows:
	Sec.  262.1016.    AGREED ORDER FOR REMOVAL OF ALLEGED
	PERPETRATOR. (a) An alleged perpetrator of abuse or neglect may
	agree in writing to an order under Section 262.1015 requiring the
	alleged perpetrator to leave the residence of the child. An
	agreement under this section is subject to the approval of the
	court.
	(b)    An agreed order under this section must contain the
	following statement in boldface type and capital letters: "YOUR
	AGREEMENT TO THIS ORDER IS NOT AN ADMISSION OF CHILD ABUSE OR
	NEGLECT ON YOUR PART AND CANNOT BE USED AGAINST YOU AS AN ADMISSION
	OF CHILD ABUSE OR NEGLECT."
	(c)    An agreed order under this section may not be used
	against an alleged perpetrator as an admission of child abuse or
	neglect.
	(d)    An agreed order under this section is enforceable
	civilly or criminally but is not enforceable as a contract.
	(e)    At any time, a person affected by an agreed order under
	this section may request the court to terminate the order. The court
	shall terminate the agreed order on finding the order is no longer
	needed and terminating the order is in the best interest of the
	child.
	SECTION  3.    Section 262.102(a), Family Code, is amended to
	read as follows:
	(a)    Before a court may, without prior notice and a hearing,
	issue a temporary order for the conservatorship of a child under
	Section 105.001(a)(1) or a temporary restraining order or
	attachment of a child authorizing a governmental entity to take
	possession of a child in a suit brought by a governmental entity,
	the court must find that:
	(1)    there is an immediate danger to the physical
	health or safety of the child or the child has been a victim of
	neglect or sexual abuse;
	(2)    continuation in the home would be contrary to the
	child's welfare;