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A BILL TO BE ENTITLED
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AN ACT
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Relating to child protective service |
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s; requiring burden of proof; |
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providing court appointed attorney. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 264.203, Family Code, is amended to read |
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as follows: |
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Sec. 264.203. REQUIRED PARTICIPATION. (a) Except as |
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provided by Subsection (d), the court on request of the department; |
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and upon hearing evidence at trial; may order the parent, managing |
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conservator, guardian, or other member of the subject child's |
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household to: |
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(1) participate in the services the department |
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provides or purchases for: |
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(A) alleviating the effects of the abuse or |
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neglect that has occurred; or |
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(B) reducing the reasonable likelihood that the |
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child may be abused or neglected in the immediate or foreseeable |
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future; and |
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(2) permit the child and any siblings of the child to |
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receive the services. |
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(b) The department may request the court to order the |
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parent, managing conservator, guardian, or other member of the |
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child's household to participate in the services whether the child |
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resides in the home or has been removed from the home. |
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(c) If the person ordered to participate in the services |
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fails to follow the court's order, the court may impose appropriate |
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sanctions in order to protect the health and safety of the child, |
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including the removal of the child as specified by Chapter 262. |
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(d) If the court does not order the person to participate, |
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the court in writing shall specify the reasons for not ordering |
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participation. |
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(3) The department shall prove with clear and |
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convincing evidence during trial that respondents to suit have |
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abused or neglected a child or children in respondents care, or |
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through clear and convincing evidence the department can show that |
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respondents are likely to abuse or neglect a child or children in |
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respondents care in the immediate or foreseeable future. |
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(4) Notwithstanding any other section a parent, |
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managing conservator, guardian or other member of the subject |
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child(s) household shall be afforded and appointed a court |
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appointed attorney if a suit for required participation is brought |
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against them in a court of law. |
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SECTION 2. The changes in law made by this Act to Section |
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264.203, Family Code, apply only to case before a court after the |
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effective date of this Act. A case before a court before the |
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effective date of this Act is governed by the law in effect on the |
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date the case was filed with a court of law, and the former law is |
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continued in effect for that purpose. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |