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The bill would require that a suit filed by the government entity after taking possession of a child 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.
In a suit without taking possession of a child, the court would be able to render a temporary restraining order under Section 105.001 before a full adversary hearing. A full adversary hearing would be required to be held not later than the 14th day after the child was taken into possession by the government entity unless the child has already been returned to the guardian and the temporary order has been dissolved.
The bill also authorizes the court to consider whether the household a child will be returned to includes a person who has abused or neglected another child that resulted in the serious injury or death of the child, or has sexually abused a child in determining whether there is a continuing danger to the physical health and safety of the child. The court would be required to render a protective order for a child in danger of family violence, and would be required to place a child that is removed from their custodial guardian with their noncustodial guardian or another relative of the child unless it would endanger the child or would not be in their best interest.