HB 3108

85(R) - 2017
House Human Services
House Human Services
Child abuse
Health & Human Services

Companion Bill

SB 999

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Positive


Helen Giddings

Bill Caption

Relating to procedures 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.

Fiscal Notes

From the LBB: No significant fiscal implication to the State is anticipated. 

Bill Analysis

A suit filed by the government entity after taking possession of the child would be required to be supported by an affidavit stating that there was immediate danger to the safety of the child in the form of sexual abuse/trafficking, parental use of controlled substances, or the parent taking the child on the premises of a place used for the manufacture of methamphetamine, and that continuation of the child in the home would be contrary to the child’s welfare and reasonable effort was made to prevent the need for the removal of the child from their home.

The department would be required to place a child removed from their custodial parent with their noncustodial parent unless the court finds that there is a danger to the child, it would be contrary to the child's welfare, reasonable efforts were made to place the child with their noncustodial parent, and it is not in the best interest of the child to be placed with their custodial parent. 

Vote Recommendation Notes

This bill would protect parental rights by further specifying the terms under which a child may be removed from a home and requiring an affidavit testifying to the facts at hand. This would help ensure that children are not unnecessarily judicially removed from their homes without cause. We support HB 3108.