HB 2216

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:
(1)  "Active efforts" has the meaning described by
(2)  "Born[, "born] addicted to alcohol or a controlled
(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
(b)  The court may order termination of the parent-child
relationship if the court finds beyond a reasonable doubt [by clear
(A)  voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
(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
(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
(I)  contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
(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
(ii)  Section 19.03 (capital murder);
(iii)  Section 19.04 (manslaughter);
(iv)  Section 21.11 (indecency with a
(vi)  Section 22.011 (sexual assault);
(vii)  Section 22.02 (aggravated assault);
(viii)  Section 22.021 (aggravated sexual
(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
(xii)  Section 43.25 (sexual performance by
(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)
(xvi)  Section 43.05(a)(2) (compelling
(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
(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
(Q)  knowingly engaged in criminal conduct that
(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
(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;
(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
(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
(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
(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
(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
(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
(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
[(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
[(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
(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
(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
(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
(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
(a-1)  In this section, "active efforts" has the meaning
SECTION 3.  Section 161.101, Family Code, is amended to read
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
(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
(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
(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
(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
(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
(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
(7)  monitoring progress and participation in
(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
SECTION 6.  Section 262.001(b), Family Code, is amended to
(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
SECTION 7.  Section 262.014, Family Code, is amended to read
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
(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;
(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
(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
(2)  continuation in the home would be contrary to the
(3)  there is no time, consistent with the physical
health or safety of the child, for a full adversary hearing under
(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
(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:
(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
(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
SECTION 10.  Sections 262.102(a) and (e), Family Code, are
(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,
(1)  there is an immediate danger to the physical
health or safety of the child or the child has been a victim of
(2)  continuation in the home would be contrary to the
(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
(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:
(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
SECTION 11.  Section 262.105(b), Family Code, is amended to
(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
(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
(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
(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:
(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;
(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
(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
SECTION 13.  Section 262.107, Family Code, is amended by
amending Subsections (a) and (c) and adding Subsection (a-1) to
(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
(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
(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
(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
(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:
(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
(1)  community or family poverty;
(2)  crowded or inadequate housing;
(3)  the child's residence in a single-parent
(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
SECTION 14.  Section 262.114, Family Code, is amended by
amending Subsections (b) and (d) and adding Subsection (e) to read
(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
(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,
(2)  a person with whom the child has a long-standing
(3)  a foster parent with whom the child previously
successfully resided while in the temporary managing
conservatorship of the department;
(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
(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
(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
(c)  As soon as practicable before [Before] commencement of
the full adversary hearing, the court must inform each parent not
(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
(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;
(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
(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
(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
(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
(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:
(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
(J) [(L)]  Section 43.26 (possession or promotion
(K) [(M)]  Section 21.02 (continuous sexual abuse
of young child or disabled individual);
(L) [(N)]  Section 43.05(a)(2) (compelling
(M) [(O)]  Section 20A.02(a)(7) or (8)
(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
SECTION 18.  Section 263.202(b), Family Code, is amended to
(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
(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
(a-1)  At each permanency hearing before a final order is
(1)  identify all persons and parties present at the
(2)  review the efforts of the department or other
(A)  locating and requesting service of citation
on all persons entitled to service of citation under Section
(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
(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
(F)  for a child receiving psychotropic
(i)  has been provided appropriate
nonpharmacological interventions, therapies, or strategies to meet
(ii)  has been seen by the prescribing
physician, physician assistant, or advanced practice nurse at least
(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
(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
(I)  for a child whose permanency goal is another
planned permanent living arrangement:
(i)  the desired permanency outcome for the
(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:
(c)  be placed with a legal guardian;
(d)  be placed with a fit and willing
(iii)  whether the department has conducted
an independent living skills assessment under Section
(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
(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
(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
SECTION 20.  Section 263.5031(a), Family Code, is amended to
(a)  At each permanency hearing after the court renders a
(1)  identify all persons and parties present at the
(2)  review the efforts of the department or other
agency in notifying persons entitled to notice under Section
(3)  for a child placed with a relative of the child or
other designated caregiver, review the efforts of the department to
(A)  the option to become verified by a licensed
child-placing agency to operate an agency foster home, if
(B)  the permanency care assistance program under
(4)  review the permanency progress report to
(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
(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
(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
(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
(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 permanen