By: Keough H.B. No. 205       A BILL TO BE ENTITLED   AN ACT   Relating to child protective service   s; requiring burden of proof;   providing court appointed attorney.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 264.203, Family Code, is amended to read   as follows:          Sec. 264.203.  REQUIRED PARTICIPATION. (a) Except as   provided by Subsection (d), the court on request of the department;   and upon hearing evidence at trial; may order the parent, managing   conservator, guardian, or other member of the subject child's   household to:                (1)  participate in the services the department   provides or purchases for:                      (A)  alleviating the effects of the abuse or   neglect that has occurred; or                      (B)  reducing the reasonable likelihood that the   child may be abused or neglected in the immediate or foreseeable   future; and                (2)  permit the child and any siblings of the child to   receive the services.          (b)  The department may request the court to order the   parent, managing conservator, guardian, or other member of the   child's household to participate in the services whether the child   resides in the home or has been removed from the home.          (c)  If the person ordered to participate in the services   fails to follow the court's order, the court may impose appropriate   sanctions in order to protect the health and safety of the child,   including the removal of the child as specified by Chapter 262.          (d)  If the court does not order the person to participate,   the court in writing shall specify the reasons for not ordering   participation.                (3)  The department shall prove with clear and   convincing evidence during trial that respondents to suit have   abused or neglected a child or children in respondents care, or   through clear and convincing evidence the department can show that   respondents are likely to abuse or neglect a child or children in   respondents care in the immediate or foreseeable future.                (4)  Notwithstanding any other section a parent,   managing conservator, guardian or other member of the subject   child(s) household shall be afforded and appointed a court   appointed attorney if a suit for required participation is brought   against them in a court of law.          SECTION 2.  The changes in law made by this Act to Section   264.203, Family Code, apply only to case before a court after the   effective date of this Act. A case before a court before the   effective date of this Act is governed by the law in effect on the   date the case was filed with a court of law, and the former law is   continued in effect for that purpose.          SECTION 3.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.