88R19602 MLH-F     By: West S.B. No. 2591       A BILL TO BE ENTITLED   AN ACT   relating to the appointment of the Department of Family and   Protective Services and a child's parent or legal guardian as joint   managing conservators for the child.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 262.352, Family Code, is amended to read   as follows:          Sec. 262.352.  JOINT MANAGING CONSERVATORSHIP OF CHILD. (a)   In this section, "hotel" has the meaning assigned by Section   792.001, Health and Safety Code.          (b)  Before the department files a suit affecting the   parent-child relationship requesting managing conservatorship of a   child who suffers from a severe emotional disturbance in order to   obtain mental health services for the child, the department must,   unless it is not in the best interest of the child, discuss with the   child's parent or legal guardian the option of seeking a court order   for joint managing conservatorship of the child with the   department.          (c)  A court shall enter an order appointing the department   and the child's parent or legal guardian as joint managing   conservators of the child if the court finds sufficient evidence to   satisfy a person of ordinary prudence and caution that the child's   parent or legal guardian has:                (1)  exhausted all reasonable means available to the   parent or legal guardian to obtain mental health services to meet   the child's needs; and                (2)  agreed to actively participate in the child's   service plan in preparation for the child's return to the parent or   legal guardian.          (d)  A child in the joint managing conservatorship of the   department and the child's parent or legal guardian may not receive   temporary emergency care under Section 264.107(g) in a hotel or   other unlicensed setting.          SECTION 2.  The change in law made by this Act applies only   to a suit affecting the parent-child relationship filed on or after   the effective date of this Act. A suit affecting the parent-child   relationship filed before the effective date of this Act is   governed by the law in effect on the date the suit was filed, and the   former law is continued in effect for that purpose.          SECTION 3.  This Act takes effect September 1, 2023.