87(1) HB 264 - Introduced version - Bill Text
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A BILL TO BE ENTITLED
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AN ACT
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relating to the contents of a petition in certain suits affecting |
 
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the parent-child relationship. |
 
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             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
 
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             SECTION  1.    Section 262.101, Family Code, is amended to read |
 
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as follows: |
 
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             Sec.  262.101.    FILING PETITION BEFORE TAKING POSSESSION OF |
 
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CHILD. (a) An original suit filed by a governmental entity that |
 
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requests permission to take possession of a child without prior |
 
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notice and a hearing must be supported by an affidavit sworn to by a |
 
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person with personal knowledge and stating facts sufficient to |
 
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satisfy a person of ordinary prudence and caution that: |
 
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                         (1)    there is an immediate danger to the physical |
 
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health or safety of the child or the child has been a victim of |
 
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neglect or sexual abuse; |
 
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                         (2)    continuation in the home would be contrary to the |
 
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child's welfare; |
 
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                         (3)    there is no time, consistent with the physical |
 
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health or safety of the child, for a full adversary hearing under |
 
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Subchapter C; and |
 
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                         (4)    reasonable efforts, consistent with the |
 
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circumstances and providing for the safety of the child, were made |
 
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to prevent or eliminate the need for the removal of the child. |
 
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             (b)    The affidavit required by Subsection (a) must describe |
 
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all reasonable efforts that were made to prevent or eliminate the |
 
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need for the removal of the child. |
 
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             SECTION  2.    Section 262.105, Family Code, is amended by |
 
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adding Subsection (c) to read as follows: |
 
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             (c)    The affidavit required by Subsection (b) must describe |
 
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all reasonable efforts that were made to prevent or eliminate the |
 
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need for the removal of the child. |
 
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             SECTION  3.    Section 262.113, Family Code, is amended to read |
 
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as follows: |
 
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             Sec.  262.113.    FILING SUIT WITHOUT TAKING POSSESSION OF |
 
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CHILD. (a) An original suit filed by a governmental entity that |
 
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requests to take possession of a child after notice and a hearing |
 
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must be supported by an affidavit sworn to by a person with personal |
 
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knowledge and stating facts sufficient to satisfy a person of |
 
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ordinary prudence and caution that: |
 
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                         (1)    there is a continuing danger to the physical |
 
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health or safety of the child caused by an act or failure to act of |
 
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the person entitled to possession of the child and that allowing the |
 
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child to remain in the home would be contrary to the child's |
 
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welfare; and |
 
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                         (2)    reasonable efforts, consistent with the |
 
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circumstances and providing for the safety of the child, have been |
 
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made to prevent or eliminate the need to remove the child from the |
 
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child's home. |
 
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             (b)    The affidavit required by Subsection (a) must describe |
 
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all reasonable efforts that were made to prevent or eliminate the |
 
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need for the removal of the child. |
 
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             SECTION  4.    The changes in law made by this Act apply to a |
 
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suit affecting the parent-child relationship filed on or after the |
 
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effective date of this Act. A suit filed before the effective date |
 
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of this Act is governed by the law in effect on the date the suit is |
 
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filed, and the former law is continued in effect for that purpose. |
 
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             SECTION  5.    This Act takes effect on the 91st day after the |
 
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last day of the legislative session. |