ending parental rights takes proof beyond a reasonable doubt

The text as introduced · 9,906 words

89R3796 MM-F

By: Hull
H.B. No. 2216

A BILL TO BE ENTITLED

AN ACT

relating to procedures and grounds related to the removal and

placement of children, including for terminating the parent-child

relationship, for taking possession of a child, and for certain

hearings in a suit affecting the parent-child relationship

involving the Department of Family and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 161.001, Family Code, is amended by

amending Subsections (a), (b), (c), (f), and (g) and adding

Subsection (g-1) to read as follows:

(a) In this section :

(1) "Active efforts" has the meaning described by

Section 262.0001.

(2) "Born [ , "born ] addicted to alcohol or a controlled

substance" means a child:

(A) [ (1) ] who is born to a mother who during the

pregnancy used a controlled substance, as defined by Chapter 481,

Health and Safety Code, other than a controlled substance legally

obtained by prescription, or alcohol; and

(B) [ (2) ] who, after birth as a result of the

mother's use of the controlled substance or alcohol:

(i) [ (A) ] experiences observable

withdrawal from the alcohol or controlled substance;

(ii) [ (B) ] exhibits observable or harmful

effects in the child's physical appearance or functioning; or

(iii) [ (C) ] exhibits the demonstrable

presence of alcohol or a controlled substance in the child's bodily

fluids.

(b) The court may order termination of the parent-child

relationship if the court finds beyond a reasonable doubt [ by clear

and convincing evidence ]:

(1) that the parent has:

(A) voluntarily left the child alone or in the

possession of another not the parent and expressed an intent not to

return;

(B) voluntarily left the child alone or in the

possession of another not the parent without expressing an intent

to return, without providing for the adequate support of the child,

and remained away for a period of at least three months;

(C) voluntarily left the child alone or in the

possession of another without providing adequate support of the

child and remained away for a period of at least six months;

(D) knowingly placed or knowingly allowed the

child to remain in conditions or surroundings which endanger the

physical or emotional well-being of the child;

(E) engaged in conduct or knowingly placed the

child with persons who engaged in conduct which endangers the

physical or emotional well-being of the child;

(F) failed to support the child in accordance

with the parent's ability during a period of one year ending within

six months of the date of the filing of the petition;

(G) abandoned the child without identifying the

child or furnishing means of identification, and the child's

identity cannot be ascertained by the exercise of reasonable

diligence;

(H) voluntarily, and with knowledge of the

pregnancy, abandoned the mother of the child beginning at a time

during her pregnancy with the child and continuing through the

birth, failed to provide adequate support or medical care for the

mother during the period of abandonment before the birth of the

child, and remained apart from the child or failed to support the

child since the birth;

(I) contumaciously refused to submit to a

reasonable and lawful order of a court under Subchapter D, Chapter

261;

(J) been the major cause of:

(i) the failure of the child to be enrolled

in school as required by the Education Code; or

(ii) the child's absence from the child's

home without the consent of the parents or guardian for a

substantial length of time or without the intent to return;

(K) executed before or after the suit is filed an

unrevoked or irrevocable affidavit of relinquishment of parental

rights as provided by this chapter;

(L) been convicted or has been placed on

community supervision, including deferred adjudication community

supervision, for being criminally responsible for the death or

serious injury of a child under the following sections of the Penal

Code, or under a law of another jurisdiction that contains elements

that are substantially similar to the elements of an offense under

one of the following Penal Code sections, or adjudicated under

Title 3 for conduct that caused the death or serious injury of a

child and that would constitute a violation of one of the following

Penal Code sections:

(i) Section 19.02 (murder);

(ii) Section 19.03 (capital murder);

(iii) Section 19.04 (manslaughter);

(iv) Section 21.11 (indecency with a

child);

(v) Section 22.01 (assault);

(vi) Section 22.011 (sexual assault);

(vii) Section 22.02 (aggravated assault);

(viii) Section 22.021 (aggravated sexual

assault);

(ix) Section 22.04 (injury to a child,

elderly individual, or disabled individual);

(x) Section 22.041 (abandoning or

endangering a child, elderly individual, or disabled individual);

(xi) Section 25.02 (prohibited sexual

conduct);

(xii) Section 43.25 (sexual performance by

a child);

(xiii) Section 43.26 (possession or

promotion of child pornography);

(xiv) Section 21.02 (continuous sexual

abuse of young child or disabled individual);

(xv) Section 20A.02(a)(7) or (8)

(trafficking of persons); and

(xvi) Section 43.05(a)(2) (compelling

prostitution);

(M) had his or her parent-child relationship

terminated with respect to another child based on a finding that the

parent's conduct was in violation of Paragraph (D) or (E) or

substantially equivalent provisions of the law of another state;

(N) constructively abandoned the child who has

been in the permanent or temporary managing conservatorship of the

Department of Family and Protective Services for not less than six

months, and:

(i) the department has made active

[ reasonable ] efforts to return the child to the parent;

(ii) the parent has not regularly visited

or maintained significant contact with the child; and

(iii) the parent has demonstrated an

inability to provide the child with a safe environment;

(O) failed to comply with the provisions of a

court order that specifically established the actions necessary for

the parent to obtain the return of the child who has been in the

permanent or temporary managing conservatorship of the Department

of Family and Protective Services for not less than nine months as a

result of the child's removal from the parent under Chapter 262 for

the abuse or neglect of the child;

(P) used a controlled substance, as defined by

Chapter 481, Health and Safety Code, in a manner that endangered the

health or safety of the child, and:

(i) failed to complete a court-ordered

substance abuse treatment program; or

(ii) after completion of a court-ordered

substance abuse treatment program, continued to abuse a controlled

substance;

(Q) knowingly engaged in criminal conduct that

has resulted in the parent's:

(i) conviction of an offense; and

(ii) confinement or imprisonment and

inability to care for the child for not less than two years from the

date of filing the petition;

(R) been the cause of the child being born

addicted to alcohol or a controlled substance, other than a

controlled substance legally obtained by prescription;

(S) voluntarily delivered the child to a

designated emergency infant care provider under Section 262.302

without expressing an intent to return for the child;

(T) been convicted of:

(i) the murder of the other parent of the

child under Section 19.02 or 19.03, Penal Code, or under a law of

another state, federal law, the law of a foreign country, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

19.02 or 19.03, Penal Code;

(ii) criminal attempt under Section 15.01,

Penal Code, or under a law of another state, federal law, the law of

a foreign country, or the Uniform Code of Military Justice that

contains elements that are substantially similar to the elements of

an offense under Section 15.01, Penal Code, to commit the offense

described by Subparagraph (i);

(iii) criminal solicitation under Section

15.03, Penal Code, or under a law of another state, federal law, the

law of a foreign country, or the Uniform Code of Military Justice

that contains elements that are substantially similar to the

elements of an offense under Section 15.03, Penal Code, of the

offense described by Subparagraph (i); or

(iv) the sexual assault of the other parent

of the child under Section 22.011 or 22.021, Penal Code, or under a

law of another state, federal law, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 22.011 or 22.021, Penal

Code;

(U) been placed on community supervision,

including deferred adjudication community supervision, or another

functionally equivalent form of community supervision or

probation, for being criminally responsible for the sexual assault

of the other parent of the child under Section 22.011 or 22.021,

Penal Code, or under a law of another state, federal law, or the

Uniform Code of Military Justice that contains elements that are

substantially similar to the elements of an offense under Section

22.011 or 22.021, Penal Code; or

(V) been convicted of:

(i) criminal solicitation of a minor under

Section 15.031, Penal Code, or under a law of another state, federal

law, the law of a foreign country, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 15.031, Penal Code; or

(ii) online solicitation of a minor under

Section 33.021, Penal Code, or under a law of another state, federal

law, the law of a foreign country, or the Uniform Code of Military

Justice that contains elements that are substantially similar to

the elements of an offense under Section 33.021, Penal Code; and

(2) that termination is in the best interest of the

child.

(c) Evidence of one or more of the following does not

constitute [ clear and convincing ] evidence beyond a reasonable

doubt sufficient for a court to make a finding under Subsection (b)

and order termination of the parent-child relationship:

(1) the parent homeschooled the child;

(2) the parent is economically disadvantaged;

(3) the parent has been charged with a nonviolent

misdemeanor offense other than:

(A) an offense under Title 5, Penal Code;

(B) an offense under Title 6, Penal Code; or

(C) an offense that involves family violence, as

defined by Section 71.004 of this code;

(4) the parent provided or administered low-THC

cannabis to a child for whom the low-THC cannabis was prescribed

under Chapter 169, Occupations Code;

(5) the parent declined immunization for the child for

reasons of conscience, including a religious belief;

(6) the parent sought an opinion from more than one

medical provider relating to the child's medical care, transferred

the child's medical care to a new medical provider, or transferred

the child to another health care facility; or

(7) the parent allowed the child to engage in

independent activities that are appropriate and typical for the

child's level of maturity, physical condition, developmental

abilities, or culture.

(f) In a suit for termination of the parent-child

relationship filed by the Department of Family and Protective

Services, the court may not order termination of the parent-child

relationship under Subsection (b)(1) unless the court finds beyond

a reasonable doubt [ by clear and convincing evidence ] and describes

in writing with specificity in a separate section of the order

that[ :

[ (1) ] the department made active [ reasonable ] efforts

to return the child to the parent before commencement of a trial on

the merits and despite those active [ reasonable ] efforts, a

continuing danger remains in the home that prevents the return of

the child to the parent[ ; or

[ (2) reasonable efforts to return the child to the

parent, including the requirement for the department to provide a

family service plan to the parent, have been waived under Section

262.2015 ].

(g) In a suit for termination of the parent-child

relationship filed by the Department of Family and Protective

Services in which the department made active [ reasonable ] efforts

to return the child to the child's home but a continuing danger in

the home prevented the child's return, the court shall include in a

separate section of its order written findings describing with

specificity :

(1) the active [ reasonable ] efforts the department

made to return the child to the child's home ; and

(2) evidence of a causal relationship between the

particular conditions in the home and the likelihood that

continuation of the parent-child relationship will result in

serious emotional or physical injury to the child .

(g-1) For the purposes of Subsection (g)(2), evidence of the

existence of one or more of the following factors by itself does not

constitute evidence beyond a reasonable doubt that continuation of

the parent-child relationship is likely to result in serious

emotional or physical injury to the child:

(1) community or family poverty;

(2) crowded or inadequate housing;

(3) the child's residence in a single-parent

household;

(4) the parent's age;

(5) substance abuse by the parent;

(6) nonconforming social behavior by the parent; or

(7) the parent's isolation of the child from social

interactions with family, friends, or members of the community.

SECTION 2. Section 161.003, Family Code, is amended by

amending Subsection (a) and adding Subsection (a-1) to read as

follows:

(a) The court may order termination of the parent-child

relationship in a suit filed by the Department of Family and

Protective Services if the court finds that:

(1) the parent has a mental or emotional illness or a

mental deficiency that renders the parent unable to provide for the

physical, emotional, and mental needs of the child;

(2) the illness or deficiency, in all reasonable

probability, proved by [ clear and convincing ] evidence beyond a

reasonable doubt , will continue to render the parent unable to

provide for the child's needs until the 18th birthday of the child;

(3) the department has been the temporary or sole

managing conservator of the child of the parent for at least six

months preceding the date of the hearing on the termination held in

accordance with Subsection (c);

(4) the department has made active [ reasonable ]

efforts to return the child to the parent; and

(5) the termination is in the best interest of the

child.

(a-1) In this section, "active efforts" has the meaning

described by Section 262.0001.

SECTION 3. Section 161.101, Family Code, is amended to read

as follows:

Sec. 161.101. PETITION ALLEGATIONS; PETITION AND MOTION

REQUIREMENTS. (a) A petition or motion for the termination of the

parent-child relationship must specify [ is sufficient without the

necessity of specifying ] the underlying facts that support [ if the

petition alleges in ] the statutory [ language the ] ground for the

termination of the parent-child relationship [ and that termination

is in the best interest of the child ].

(b) A petition or motion filed by the Department of Family

and Protective Services in a suit for termination of the

parent-child relationship :

(1) is subject to Chapter 10, Civil Practice and

Remedies Code, and Rule 13, Texas Rules of Civil Procedure ; and

(2) must specify evidence of a causal relationship

between the particular conditions in the home and the likelihood

that continuation of the parent-child relationship will result in

serious emotional or physical injury to the child .

(c) For the purposes of Subsection (b)(2), evidence of the

existence of one or more of the following factors by itself does not

constitute evidence beyond a reasonable doubt that continuation of

the parent-child relationship is likely to result in serious

emotional or physical injury to the child:

(1) community or family poverty;

(2) crowded or inadequate housing;

(3) the child's residence in a single-parent

household;

(4) the parent's age;

(5) substance abuse by the parent;

(6) nonconforming social behavior by the parent; or

(7) the parent's isolation of the child from social

interactions with family, friends, or members of the community.

SECTION 4. Sections 161.206(a) and (a-1), Family Code, are

amended to read as follows:

(a) If the court finds [ by clear and convincing evidence ]

grounds for termination of the parent-child relationship beyond a

reasonable doubt , it shall render an order terminating the

parent-child relationship.

(a-1) In a suit filed by the Department of Family and

Protective Services seeking termination of the parent-child

relationship for more than one parent of the child, the court may

order termination of the parent-child relationship for the parent

only if the court finds [ by clear and convincing evidence ] grounds

for the termination of the parent-child relationship for that

parent beyond a reasonable doubt .

SECTION 5. Subchapter A, Chapter 262, Family Code, is

amended by adding Section 262.0001 to read as follows:

Sec. 262.0001. DEFINITION; ACTIVE EFFORTS. (a) In this

chapter, "active efforts" means affirmative, active, thorough, and

timely efforts intended primarily to maintain or reunite a child

with the child's family.

(b) In cases in which the Department of Family and

Protective Services is involved in a suit affecting the

parent-child relationship, the department's active efforts must

involve assisting the parents through the steps of a case plan and

with accessing or developing the resources necessary to satisfy the

case plan. The department must tailor the active efforts to the

facts and circumstances of each case, including by:

(1) conducting a comprehensive assessment of the

circumstances of the child's family, with a focus on safe

reunification as the most desirable goal;

(2) identifying appropriate services and helping the

parents to overcome barriers, including actively assisting the

parents in obtaining such services;

(3) conducting or causing to be conducted a diligent

search for the child's extended family members, and contacting and

consulting with extended family members to provide family structure

and support for the child and the child's parents;

(4) taking steps to keep siblings together whenever

possible;

(5) supporting regular visits with parents in the most

natural setting possible as well as trial home visits of the child

during any period of removal, consistent with the need to ensure the

health, safety, and welfare of the child;

(6) identifying community resources including

housing, financial, transportation, mental health, substance

abuse, and peer support services and actively assisting the child's

parents or, when appropriate, the child's family, in using and

accessing those resources;

(7) monitoring progress and participation in

services;

(8) considering alternative ways to address the needs

of the child's parents and, where appropriate, the family, if the

optimum services do not exist or are not available; and

(9) providing post-reunification services and

monitoring.

SECTION 6. Section 262.001(b), Family Code, is amended to

read as follows:

(b) In determining the active [ reasonable ] efforts that are

required to be made with respect to preventing or eliminating the

need to remove a child from the child's home or to make it possible

to return a child to the child's home, the child's health and safety

is the paramount concern.

SECTION 7. Section 262.014, Family Code, is amended to read

as follows:

Sec. 262.014. DISCLOSURE OF CERTAIN EVIDENCE. In [ On the

request of the attorney for a parent who is a party in ] a suit

affecting the parent-child relationship filed under this chapter

by [ , or the attorney ad litem for the parent's child, ] the

Department of Family and Protective Services , the department shall,

as soon as practicable but not later than the seventh day before the

full adversary hearing, provide electronically to the parent who is

a party to the suit, the attorney for the parent who is a party to

the suit, and the attorney ad litem for the parent's child :

(1) the name of any person, excluding a department

employee, whom the department will call as a witness to any of the

allegations contained in the petition filed by the department;

(2) a copy of any offense report relating to the

allegations contained in the petition filed by the department that

will be used in court to refresh a witness's memory; [ and ]

(3) a copy of any photograph, video, or recording that

will be presented as evidence ;

(4) a copy of any medical, psychological, or

educational records related to the suit and submitted to the

department from any source, including exculpatory records,

regardless of whether the department will use the records in court;

and

(5) a copy of any records relating to consultations

under Section 261.3017 regarding a child who is the subject of the

suit, including exculpatory consultation records, regardless of

whether the department will use the records in court .

SECTION 8. Section 262.101(a), Family Code, is amended to

read as follows:

(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;

(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) active [ 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.

SECTION 9. Section 262.101(b), Family Code, as added by

Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(b) The affidavit required by Subsection (a) must describe

with specificity in a separate section all active [ reasonable ]

efforts, consistent with the circumstances and providing for the

safety of the child, that were made to prevent or eliminate the need

for the removal of the child.

SECTION 10. Sections 262.102(a) and (e), Family Code, are

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;

(3) there is no time, consistent with the physical

health or safety of the child and the nature of the emergency, for a

full adversary hearing under Subchapter C;

(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) active [ reasonable ] efforts, consistent with the

circumstances and providing for the safety of the child, were made

to prevent or eliminate the need for removal of the child.

(e) The temporary order, temporary restraining order, or

attachment of a child rendered by the court under Subsection (a)

must describe with specificity in a separate section the active

[ reasonable ] efforts, consistent with the circumstances and

providing for the safety of the child, that were made to prevent or

eliminate the need for the removal of the child as required by

Subsection (a)(6) [ (a)(4) ].

SECTION 11. Section 262.105(b), Family Code, is amended to

read as follows:

(b) An original suit filed by a governmental entity after

taking possession of a child under Section 262.104 must be

supported by an affidavit stating facts sufficient to satisfy a

person of ordinary prudence and caution that:

(1) based on the affiant's personal knowledge or on

information furnished by another person corroborated by the

affiant's personal knowledge, one of the following circumstances

existed at the time the child was taken into possession:

(A) there was an immediate danger to the physical

health or safety of the child;

(B) the child was the victim of sexual abuse or of

trafficking under Section 20A.02 or 20A.03, Penal Code;

(C) the parent or person who had possession of

the child was using a controlled substance as defined by Chapter

481, Health and Safety Code, and the use constituted an immediate

danger to the physical health or safety of the child; or

(D) the parent or person who had possession of

the child permitted the child to remain on premises used for the

manufacture of methamphetamine; and

(2) based on the affiant's personal knowledge:

(A) continuation of the child in the home would

have been contrary to the child's welfare;

(B) there was no time, consistent with the

physical health or safety of the child, for a full adversary hearing

under Subchapter C;

(C) 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;

(D) 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:

(i) was offered but refused;

(ii) 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

(iii) would pose an immediate danger to the

physical health or safety of the child; and

(E) active [ 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.

SECTION 12. Section 262.105(c), Family Code, as added by

Chapters 672 (H.B. 968) and 675 (H.B. 1087), Acts of the 88th

Legislature, Regular Session, 2023, is reenacted and amended to

read as follows:

(c) The affidavit required by Subsection (b) must describe

with specificity in a separate section all active [ reasonable ]

efforts, consistent with the circumstances and providing for the

safety of the child, that were made to prevent or eliminate the need

for the removal of the child.

SECTION 13. Section 262.107, Family Code, is amended by

amending Subsections (a) and (c) and adding Subsection (a-1) to

read as follows:

(a) The court shall order the return of the child at the

initial hearing regarding a child taken in possession without a

court order by a governmental entity unless the court is satisfied

that:

(1) clear and convincing [ the ] evidence shows that one

of the following circumstances exists:

(A) there is a continuing danger to the physical

health or safety of the child if the child is returned to the

parent, managing conservator, possessory conservator, guardian,

caretaker, or custodian who is presently entitled to possession of

the child;

(B) the child has been the victim of sexual abuse

or of trafficking under Section 20A.02 or 20A.03, Penal Code, on one

or more occasions and that there is a substantial risk that the

child will be the victim of sexual abuse or of trafficking in the

future;

(C) the parent or person who has possession of

the child is currently using a controlled substance as defined by

Chapter 481, Health and Safety Code, and the use constitutes an

immediate danger to the physical health or safety of the child; or

(D) the parent or person who has possession of

the child has permitted the child to remain on premises used for the

manufacture of methamphetamine;

(2) continuation of the child in the home would be

contrary to the child's welfare based on evidence of a causal

relationship between the particular conditions in the home and the

likelihood that continuation of the child in the home will result in

serious emotional or physical injury to the child ;

(3) 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;

(4) 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

(5) active [ reasonable ] efforts, consistent with the

circumstances and providing for the safety of the child, were made

to prevent or eliminate the need for removal of the child.

(a-1) Evidence of the existence of one or more of the

following factors by itself does not constitute clear and

convincing evidence that continuation of the child in the home is

likely to result in serious emotional or physical injury to the

child:

(1) community or family poverty;

(2) crowded or inadequate housing;

(3) the child's residence in a single-parent

household;

(4) the parent's age;

(5) substance abuse by the parent;

(6) nonconforming social behavior by the parent; or

(7) the parent's isolation of the child from social

interactions with family, friends, or members of the community.

(c) If the court does not order the return of the child at an

initial hearing under Subsection (a), the court must describe in

writing and in a separate section the active [ reasonable ] efforts,

consistent with the circumstances and providing for the safety of

the child, that were made to prevent or eliminate the need for the

removal of the child.

SECTION 14. Section 262.114, Family Code, is amended by

amending Subsections (b) and (d) and adding Subsection (e) to read

as follows:

(b) The department shall [ may ] place a child with a relative

or other designated caregiver identified on the proposed child

placement resources form, including any adult identified by the

child, if the department determines that the placement is in the

best interest of the child. The department must complete the

background and criminal history check and conduct a preliminary

evaluation of the relative or other designated caregiver's home

before the child is placed with the relative or other designated

caregiver. The department may place the child with the relative or

designated caregiver before conducting the home study required

under Subsection (a). Not later than 48 hours after the time that

the child is placed with the relative or other designated

caregiver, the department shall begin the home study of the

relative or other designated caregiver. The department shall

complete the home study as soon as possible unless otherwise

ordered by a court. The department shall provide a copy of an

informational manual required under Section 261.3071 to the

relative or other designated caregiver at the time of the child's

placement.

(d) In making a placement decision for a child, the

department shall give preference to persons in the following order

unless there is good cause shown to deviate from the order :

(1) a person related to the child by blood, marriage,

or adoption;

(2) a person with whom the child has a long-standing

and significant relationship;

(3) a foster parent with whom the child previously

successfully resided while in the temporary managing

conservatorship of the department;

(4) a foster home; and

(5) [ (4) ] a general residential operation.

(e) In making a determination of whether there is good cause

shown to deviate from the preferred placement order under

Subsection (d), the department may not consider as part of the best

interest determination:

(1) the socioeconomic status of the individuals with

whom the department is considering placing the child; or

(2) ordinary bonding between the child and a previous

caregiver related to time spent in a non-preferred placement.

SECTION 15. Subchapter B, Chapter 262, Family Code, is

amended by adding Section 262.1141 to read as follows:

Sec. 262.1141. RIGHT TO INTERVENE. (a) In a suit filed

under Section 262.101 or 262.105 in which the Department of Family

and Protective Services is appointed as the temporary managing

conservator of a child who is the subject of the suit, a person who

qualifies as a placement preference for the child under Section

262.114(d)(1) may file a motion to intervene in the suit if the

department did not place the child with the person.

(b) The court shall grant a person's motion to intervene

under this section if the court finds:

(1) the person qualifies for a placement preference

under Section 262.114(d)(1); and

(2) the department, without good cause, placed the

child with a person with a lower preference under Section

262.114(d).

(c) The department shall notify a person described by

Subsection (a) in writing of the person's right to intervene.

SECTION 16. Sections 262.201(c), (d), (e), (e-1),

(g), (g-1), (g-2), and (h), Family Code, are amended to read as

follows:

(c) As soon as practicable before [ Before ] commencement of

the full adversary hearing, the court must inform each parent not

represented by an attorney of:

(1) the right to be represented by an attorney; and

(2) if a parent is indigent [ and appears in opposition

to the suit ], the right to a court-appointed attorney.

(d) If a parent claims indigence [ and requests the

appointment of an attorney before the full adversary hearing ], the

court shall require the parent to complete and file with the court

an affidavit of indigence. The court may consider additional

evidence to determine whether the parent is indigent, including

evidence relating to the parent's income, source of income, assets,

property ownership, benefits paid in accordance with a federal,

state, or local public assistance program, outstanding

obligations, and necessary expenses and the number and ages of the

parent's dependents. If the appointment of an attorney for the

parent is required [ requested ], the court shall make a

determination of indigence before commencement of the full

adversary hearing. If the court determines the parent is indigent,

the court shall appoint an attorney to represent the parent.

(e) The court shall [ may ], for good cause shown, postpone

the full adversary hearing for not more than 30 [ seven ] days from

the date of the attorney's appointment to provide the attorney time

to respond to the petition and prepare for the hearing. The court

may shorten or lengthen the extension granted under this subsection

if the parent and the appointed attorney agree in writing. If the

court postpones the full adversary hearing, the court shall extend

a temporary order, temporary restraining order, or attachment

issued by the court under Section 262.102(a) for the protection of

the child until the date of the rescheduled full adversary hearing.

(e-1) If a parent who is not indigent appears in opposition

to the suit, the court shall [ may ], for good cause shown, postpone

the full adversary hearing for not more than 30 [ seven ] days from

the date of the parent's appearance to allow the parent to hire an

attorney or to provide the parent's attorney time to respond to the

petition and prepare for the hearing. A postponement under this

subsection is subject to the limits and requirements prescribed by

Subsection (e) and Section 155.207.

(g) In a suit filed under Section 262.101 or 262.105, at the

conclusion of the full adversary hearing, the court shall order the

return of the child to the parent, managing conservator, possessory

conservator, guardian, caretaker, or custodian entitled to

possession from whom the child is removed unless the court finds

clear and convincing [ sufficient ] evidence [ to satisfy a person of

ordinary prudence and caution ] that:

(1) there was a danger to the physical health or safety

of the child, including a danger that the child would be a victim of

trafficking under Section 20A.02 or 20A.03, Penal Code, which was

caused by an act or failure to act of the person entitled to

possession and for the child to remain in the home is contrary to

the welfare of the child;

(2) the urgent need for protection required the

immediate removal of the child and active [ reasonable ] efforts,

consistent with the circumstances and providing for the safety of

the child, were made to eliminate or prevent the child's removal;

and

(3) active [ reasonable ] efforts have been made to

enable the child to return home, but there is a substantial risk of

a continuing danger if the child is returned home.

(g-1) In a suit filed under Section 262.101 or 262.105, if

the court does not order the return of the child under Subsection

(g) and finds that another parent, managing conservator, possessory

conservator, guardian, caretaker, or custodian entitled to

possession did not cause the immediate danger to the physical

health or safety of the child or was not the perpetrator of the

neglect or abuse alleged in the suit, the court shall order

possession of the child by that person unless the court finds

sufficient evidence to satisfy a person of ordinary prudence and

caution that, specific to each person entitled to possession:

(1) the person cannot be located after the exercise of

due diligence by the Department of Family and Protective Services,

or the person is unable or unwilling to take possession of the

child; or

(2) active [ reasonable ] efforts have been made to

enable the person's possession of the child, but possession by that

person presents a continuing danger to the physical health or

safety of the child caused by an act or failure to act of the person,

including a danger that the child would be a victim of trafficking

under Section 20A.02 or 20A.03, Penal Code.

(g-2) If, at the conclusion of a full adversary hearing, the

court renders an order under Subsection (g) or (g-1), the court must

describe in writing and in a separate section:

(1) the active [ reasonable ] efforts that were made to

enable the child to return home and the substantial risk of a

continuing danger if the child is returned home, as required by

Subsection (g)(3); or

(2) the active [ reasonable ] efforts that were made to

enable a person's possession of the child and the continuing danger

to the physical health or safety of the child as required by

Subsection (g-1)(2).

(h) In a suit filed under Section 262.101 or 262.105, if the

court finds clear and convincing [ sufficient ] evidence to make the

applicable finding under Subsection (g) or (g-1), the court shall

issue an appropriate temporary order under Chapter 105.

SECTION 17. Sections 262.2015(a), (b), and (c), Family

Code, are amended to read as follows:

(a) The court may not waive the requirement of a service

plan and the requirement to make active [ reasonable ] efforts to

return the child to a parent . The court [ and ] may accelerate the

trial schedule to result in a final order for a child under the care

of the Department of Family and Protective Services at an earlier

date than provided by Subchapter D, Chapter 263, if the court finds

that the parent has subjected the child to aggravated

circumstances.

(b) The court may find under Subsection (a) that a parent

has subjected the child to aggravated circumstances if:

(1) the parent abandoned the child without

identification or a means for identifying the child;

(2) the child or another child of the parent is a

victim of serious bodily injury or sexual abuse inflicted by the

parent or by another person with the parent's consent;

(3) the parent has engaged in conduct against the

child or another child of the parent that would constitute an

offense under the following provisions of the Penal Code:

(A) Section 19.02 (murder);

(B) Section 19.03 (capital murder);

(C) Section 19.04 (manslaughter);

(D) Section 21.11 (indecency with a child);

(E) Section 22.011 (sexual assault);

(F) Section 22.02 (aggravated assault);

(G) Section 22.021 (aggravated sexual assault);

(H) [ Section 22.04 (injury to a child, elderly

individual, or disabled individual);

[ (I) Section 22.041 (abandoning or endangering a

child, elderly individual, or disabled individual);

[ (J) ] Section 25.02 (prohibited sexual conduct);

(I) [ (K) ] Section 43.25 (sexual performance by a

child);

(J) [ (L) ] Section 43.26 (possession or promotion

of child pornography);

(K) [ (M) ] Section 21.02 (continuous sexual abuse

of young child or disabled individual);

(L) [ (N) ] Section 43.05(a)(2) (compelling

prostitution); or

(M) [ (O) ] Section 20A.02(a)(7) or (8)

(trafficking of persons);

(4) the parent voluntarily left the child alone or in

the possession of another person not the parent of the child for at

least six months without expressing an intent to return and without

providing adequate support for the child;

(5) the parent has been convicted for:

(A) the murder of another child of the parent and

the offense would have been an offense under 18 U.S.C. Section

1111(a) if the offense had occurred in the special maritime or

territorial jurisdiction of the United States;

(B) the voluntary manslaughter of another child

of the parent and the offense would have been an offense under 18

U.S.C. Section 1112(a) if the offense had occurred in the special

maritime or territorial jurisdiction of the United States;

(C) aiding or abetting, attempting, conspiring,

or soliciting an offense under Paragraph (A) or (B); or

(D) the felony assault of the child or another

child of the parent that resulted in serious bodily injury to the

child or another child of the parent; or

(6) the parent is required under any state or federal

law to register with a sex offender registry.

(c) On finding that the parent has subjected the child to

aggravated circumstances [ reasonable efforts to make it possible

for the child to safely return to the child's home are not

required ], the court shall at any time before the 30th day after the

date of the finding, conduct an initial permanency hearing under

Subchapter D, Chapter 263. Separate notice of the permanency plan

is not required but may be given with a notice of a hearing under

this section.

SECTION 18. Section 263.202(b), Family Code, is amended to

read as follows:

(b) Except as otherwise provided by this subchapter, a

status hearing shall be limited to matters related to the contents

and execution of the service plan filed with the court. The court

shall review the service plan that the department filed under this

chapter for reasonableness, accuracy, and compliance with

requirements of court orders and make findings as to whether:

(1) a plan that has the goal of returning the child to

the child's parents adequately ensures that active [ reasonable ]

efforts are made to enable the child's parents to provide a safe

environment for the child;

(2) the child's parents have reviewed and understand

the plan and have been advised that unless the parents are willing

and able to provide the child with a safe environment, even with the

assistance of a service plan, within the reasonable period of time

specified in the plan, the parents' parental and custodial duties

and rights may be subject to restriction or to termination under

this code or the child may not be returned to the parents;

(3) the plan is narrowly tailored to address any

specific issues identified by the department;

(4) the child's parents and the representative of the

department have signed the plan;

(5) based on the court's determination under Section

263.002, continued placement is appropriate if the child is placed

in a residential treatment center; and

(6) based on the court's determination under Section

263.00201, continued placement is appropriate if the child is

placed in a qualified residential treatment program.

SECTION 19. Section 263.306(a-1), Family Code, is amended

to read as follows:

(a-1) At each permanency hearing before a final order is

rendered, the court shall:

(1) identify all persons and parties present at the

hearing;

(2) review the efforts of the department or other

agency in:

(A) locating and requesting service of citation

on all persons entitled to service of citation under Section

102.009; and

(B) obtaining the assistance of a parent in

providing information necessary to locate an absent parent, alleged

father, relative of the child, or other adult identified by the

child as a potential relative or designated caregiver;

(3) ask all parties present whether the child or the

child's family has a Native American heritage and identify any

Native American tribe with which the child may be associated;

(4) review the extent of the parties' compliance with

temporary orders and the service plan and the extent to which

progress has been made toward alleviating or mitigating the causes

necessitating the placement of the child in foster care;

(5) review the permanency progress report to

determine:

(A) the safety and well-being of the child and

whether the child's needs, including any medical or special needs,

are being adequately addressed;

(B) the continuing necessity and appropriateness

of the placement of the child, including with respect to a child who

has been placed outside of this state, whether the placement

continues to be in the best interest of the child;

(C) the appropriateness of the primary and

alternative permanency goals for the child developed in accordance

with department rule and whether the department has made active

[ reasonable ] efforts to finalize the permanency plan, including the

concurrent permanency goals, in effect for the child;

(D) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to express

the child's opinion on any medical care provided;

(E) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to identify

any adults, particularly an adult residing in the child's

community, who could be a relative or designated caregiver for the

child;

(F) for a child receiving psychotropic

medication, whether the child:

(i) has been provided appropriate

nonpharmacological interventions, therapies, or strategies to meet

the child's needs; or

(ii) has been seen by the prescribing

physician, physician assistant, or advanced practice nurse at least

once every 90 days;

(G) whether an education decision-maker for the

child has been identified, the child's education needs and goals

have been identified and addressed, and there have been major

changes in the child's school performance or there have been

serious disciplinary events;

(H) for a child 14 years of age or older, whether

services that are needed to assist the child in transitioning from

substitute care to independent living are available in the child's

community;

(I) for a child whose permanency goal is another

planned permanent living arrangement:

(i) the desired permanency outcome for the

child, by asking the child;

(ii) whether, as of the date of the hearing,

another planned permanent living arrangement is the best permanency

plan for the child and, if so, provide compelling reasons why it

continues to not be in the best interest of the child to:

(a) return home;

(b) be placed for adoption;

(c) be placed with a legal guardian;

or

(d) be placed with a fit and willing

relative;

(iii) whether the department has conducted

an independent living skills assessment under Section

264.121(a-3);

(iv) whether the department has addressed

the goals identified in the child's permanency plan, including the

child's housing plan, and the results of the independent living

skills assessment;

(v) if the youth is 16 years of age or

older, whether there is evidence that the department has provided

the youth with the documents and information listed in Section

264.121(e); and

(vi) if the youth is 18 years of age or

older or has had the disabilities of minority removed, whether

there is evidence that the department has provided the youth with

the documents and information listed in Section 264.121(e-1);

(J) based on the court's determination under

Section 263.002, whether continued placement is appropriate if the

child is placed in a residential treatment center; and

(K) based on the court's determination under

Section 263.00201, whether continued placement is appropriate if

the child is placed in a qualified residential treatment program;

(6) determine whether to return the child to the

child's parents if the child's parents are willing and able to

provide the child with a safe environment and the return of the

child is in the child's best interest;

(7) estimate a likely date by which the child may be

returned to and safely maintained in the child's home, placed for

adoption, or placed in permanent managing conservatorship; and

(8) announce in open court the dismissal date and the

date of any upcoming hearings.

SECTION 20. Section 263.5031(a), Family Code, is amended to

read as follows:

(a) At each permanency hearing after the court renders a

final order, the court shall:

(1) identify all persons and parties present at the

hearing;

(2) review the efforts of the department or other

agency in notifying persons entitled to notice under Section

263.0021;

(3) for a child placed with a relative of the child or

other designated caregiver, review the efforts of the department to

inform the caregiver of:

(A) the option to become verified by a licensed

child-placing agency to operate an agency foster home, if

applicable; and

(B) the permanency care assistance program under

Subchapter K, Chapter 264; and

(4) review the permanency progress report to

determine:

(A) the safety and well-being of the child and

whether the child's needs, including any medical or special needs,

are being adequately addressed;

(B) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to identify

any adult, particularly an adult residing in the child's community,

who could be a relative or designated caregiver for the child;

(C) whether the department placed the child with

a relative or designated caregiver and the continuing necessity and

appropriateness of the placement of the child, including with

respect to a child who has been placed outside of this state,

whether the placement continues to be in the best interest of the

child;

(D) if the child is placed in institutional care,

whether efforts have been made to ensure that the child is placed in

the least restrictive environment consistent with the child's best

interest and special needs;

(E) the appropriateness of the primary and

alternative permanency goals for the child, whether the department

has made active [ reasonable ] efforts to finalize the permanency

plan, including the concurrent permanency goals, in effect for the

child, and whether:

(i) the department has exercised due

diligence in attempting to place the child for adoption if parental

rights to the child have been terminated and the child is eligible

for adoption; or

(ii) another permanent placement,

including appointing a relative as permanent managing conservator

or returning the child to a parent, is appropriate for the child;

(F) for a child whose permanency goal is another

planned permanent living arrangement:

(i) the desired permanency outcome for the

child, by asking the child;

(ii) whether, as of the date of the hearing,

another planned permanent living arrangement is the best permanency

plan for the child and, if so, provide compelling reasons why it

continues to not be in the best interest of the child to:

(a) return home;

(b) be placed for adoption;

(c) be placed with a legal guardian;

or

(d) be placed with a fit and willing

relative;

(iii) whether the department has conducted

an independent living skills assessment under Section

264.121(a-3);

(iv) whether the department has addressed

the goals identified in the child's permanency plan, including the

child's housing plan, and the results of the independent living

skills assessment;

(v) if the youth is 16 years of age or

older, whether there is evidence that the department has provided

the youth with the documents and information listed in Section

264.121(e); and

(vi) if the youth is 18 years of age or

older or has had the disabilities of minority removed, whether

there is evidence that the department has provided the youth with

the documents and information listed in Section 264.121(e-1);

(G) if the child is 14 years of age or older,

whether services that are needed to assist the child in

transitioning from substitute care to independent living are

available in the child's community;

(H) whether the child is receiving appropriate

medical care and has been provided the opportunity, in a

developmentally appropriate manner, to express the child's opinion

on any medical care provided;

(I) for a child receiving psychotropic

medication, whether the child:

(i) has been provided appropriate

nonpharmacological interventions, therapies, or strategies to meet

the child's needs; or

(ii) has been seen by the prescribing

physician, physician assistant, or advanced practice nurse at least

once every 90 days;

(J) whether an education decision-maker for the

child has been identified, the child's education needs and goals

have been identified and addressed, and there are major changes in

the child's school performance or there have been serious

disciplinary events;

(K) for a child for whom the department has been

named managing conservator in a final order that does not include

termination of parental rights, whether to order the department to

provide services to a parent for not more than six months after the

date of the permanency hearing if:

(i) the child has not been placed with a

relative or other individual, including a foster parent, who is

seeking permanent managing conservatorship of the child; and

(ii) the court determines that further

efforts at reunification with a parent are:

(a) in the best interest of the child;

and

(b) likely to result in the child's

safe return to the child's parent;

(L) whether the department has identified a

family or other caring adult who has made a permanent commitment to

the child;

(M) based on the court's determination under

Section 263.002, whether continued placement is appropriate if the

child is placed in a residential treatment center; and

(N) based on the court's determination under

Section 263.00201, whether continued placement is appropriate if

the child is placed in a qualified residential treatment program.

SECTION 21. Section 263.602(b), Family Code, is amended to

read as follows:

(b) A court with extended jurisdiction over a young adult in

extended foster care shall conduct extended foster care review

hearings every six months for the purpose of reviewing and making

findings regarding:

(1) whether the young adult's living arrangement is

safe and appropriate and whether the department has made active

[ reasonable ] efforts to place the young adult in the least

restrictive environment necessary to meet the young adult's needs;

(2) whether the department is making active

[ reasonable ] efforts to finalize the permanency plan that is in

effect for the young adult, including a permanency plan for

independent living;

(3) whether, for a young adult whose permanency plan

is independent living:

(A) the young adult participated in the

development of the plan of service;

(B) the young adult's plan of service reflects

the independent living skills and appropriate services needed to

achieve independence by the projected date; and

(C) the young adult continues to make reasonable

progress in developing the skills needed to achieve independence by

the projected date; and

(4) whether additional services that the department is

authorized to provide are needed to meet the needs of the young

adult.

SECTION 22. Section 264.0091, Family Code, is amended to

read as follows:

Sec. 264.0091. USE OF TELECONFERENCING AND

VIDEOCONFERENCING TECHNOLOGY. The [ Subject to the availability of

funds, the ] department, in cooperation with district and county

courts, shall expand the use of teleconferencing and

videoconferencing to facilitate participation by families, medical

experts, children, and other individuals in court proceedings,

including children for whom the department or a licensed

child-placing agency has been appointed managing conservator and

who are committed to the Texas Juvenile Justice Department.

SECTION 23. Subchapter A, Chapter 264, Family Code, is

amended by adding Section 264.020 to read as follows:

Sec. 264.020. PLACEMENT OF CHILDREN IN CONSERVATORSHIP OF

DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES. (a) In this section,

"child" means a person who:

(1) is younger than 22 years of age and for whom the

department has been appointed managing conservator of the child

before the child's 18th birthday; or

(2) is the responsibility of an agency with which the

department has entered into an agreement to provide care and

supervision of the child.

(b) In making the initial or a subsequent placement decision

for a child, the department shall give preference to persons in the

following order:

(1) a person related to the child by blood, marriage,

or adoption;

(2) a person with whom the child has a long-standing

and significant relationship;

(3) a foster parent with whom the child previously

successfully resided while in the temporary managing

conservatorship of the department;

(4) a foster home; and

(5) a general residential operation.

SECTION 24. The following provisions of the Family Code are

repealed:

(1) Section 161.004; and

(2) Section 262.114(c).

SECTION 25. Section 161.101, Family Code, as amended by

this Act, applies only to a petition or motion filed by the

Department of Family and Protective Services on or after the

effective date of this Act. A petition or motion filed by the

department before that date is governed by the law in effect on the

date the petition or motion was filed, and the former law is

continued in effect for that purpose.

SECTION 26. The changes in law made by this Act apply to a

suit affecting the parent-child relationship that is filed on or

after the effective date of this Act. A suit filed before the

effective date of this Act is governed by the law in effect on the

date that the suit is filed, and the former law is continued in

effect for that purpose.

SECTION 27. Section 264.020, Family Code, as added by this

Act, applies only to an initial or subsequent placement decision

made by the Department of Family and Protective Services on or after

the effective date of this Act.

SECTION 28. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 29. This Act takes effect September 1, 2025.