By: Hull, Rose, Dutton, Richardson, Gates, H.B. No. 2216       et al.     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 filed by   a governmental entity.          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   Subsections (g-1) and (g-2) 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 use 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.          (g-2)  For the purposes of this section, conduct shall be   considered likely to result in serious emotional or physical injury   to the child if the conduct is likely to result in:                (1)  a substantial risk of death, disfigurement, or   bodily injury to the child; or                (2)  an observable and material impairment to the   growth, development, or functioning of the child.          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 use 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.          (d)  For the purposes of this section, conduct shall be   considered likely to result in serious emotional or physical injury   to the child if the conduct is likely to result in:                (1)  a substantial risk of death, disfigurement, or   bodily injury to the child; or                (2)  an observable and material impairment to the   growth, development, or functioning of the child.          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 service plan   and with accessing or developing the resources necessary to satisfy   the service 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.          (c)  The assistance provided under Subsection (b) regarding   the parent's service plan must be narrowly tailored to address the   specific issues identified in the court's order granting the   department temporary managing conservatorship or ordering the   department to provide family preservation services.          (d)  The department shall use but is not required to exceed   available resources to engage in active efforts as required by this   section.          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.  The active efforts under this subsection   must be evaluated to ensure the efforts are consistent with the   circumstances of the removal of the child from the child's home and   provide for the child's safety.          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, psychiatric,   or educational records in the department's possession 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 Subsections (a-1) and   (a-2) 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 use 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.          (a-2)  For the purposes of this section, conduct shall be   considered likely to result in serious emotional or physical injury   to the child if the conduct is likely to result in:                (1)  a substantial risk of death, disfigurement, or   bodily injury to the child; or                (2)  an observable and material impairment to the   growth, development, or functioning of the child.          (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.  Section 262.201, Family Code, is amended by   amending Subsections (c), (d), (e), (e-1), (g), (g-1), (g-2), and   (h) and adding Subsection (e-2) 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.          (e-2)  If a court postpones or grants a continuance for a   full adversary hearing, the department shall immediately modify any   existing visitation plan to increase the visitation time for the   parent and a child who has been removed. Visitation through online   or electronic communication may satisfy the increased visitation   plan requirement under this subsection.          (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.  Section 262.2015, Family Code, is amended by   amending Subsections (a), (b), and (c) and adding Subsection (c-1)   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.          (c-1)  On a court's finding that a parent has subjected the   child to aggravated circumstances, the department shall create, in   conjunction with the parent and the parent's attorney, if   applicable, a limited service plan.  The limited service plan   satisfies the requirement that the department make active efforts   to return the child to the parent under Section 161.003 and:                (1)  must comply with any court order rendered in the   case pertaining to bond or supervision; and                (2)  may contain only tasks that protect the physical   and emotional safety and well-being of the child and due process   rights of the parent.          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.  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 25.  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 26.  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 27.  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 28.  This Act takes effect January 1, 2027.