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A BILL TO BE ENTITLED
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AN ACT
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relating to the grounds for terminating and reinstating a person's |
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parental rights and the adoption of certain children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.001, Family Code, is amended by |
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adding Subsections (b-1) and (b-2) to read as follows: |
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(b-1) If a parent has had a protective order issued against |
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the parent under Chapter 85 and the court issuing the protective |
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order made a finding under Section 85.025(a-1)(1) that the parent |
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committed an act constituting an offense involving family violence, |
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the court may order termination of the parent-child relationship if |
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the court finds by clear and convincing evidence that: |
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(1) the parent committed an act constituting an |
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offense listed under Subsection (b)(1)(L); and |
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(2) termination is in the best interest of the child. |
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(b-2) In determining whether to order termination under |
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Subsection (b-1), the court may consider any evidence offered in |
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the hearing under Subtitle B, Title 4, that resulted in the court |
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issuing the protective order. |
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SECTION 2. Section 161.302(b), Family Code, is amended to |
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read as follows: |
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(b) Except as provided by Section 161.305, a [A] petition |
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for the reinstatement of parental rights may be filed under this |
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subchapter only if: |
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(1) the termination of parental rights resulted from a |
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suit filed by the department; |
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(2) at least two years have passed since the issuance |
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of the order terminating the former parent's parental rights and an |
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appeal of the order is not pending; |
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(3) the child has not been adopted; |
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(4) the child is not the subject of an adoption |
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placement agreement; and |
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(5) the petitioner has provided the notice required by |
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Subsection (d), if the petitioner is the former parent whose |
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parental rights are sought to be reinstated. |
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SECTION 3. Subchapter D, Chapter 161, Family Code, is |
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amended by adding Section 161.305 to read as follows: |
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Sec. 161.305. CERTAIN PETITIONS FOR REINSTATEMENT. (a) A |
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former parent whose parental rights have been terminated under |
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Section 161.001(b-1) may file a petition under this subchapter to |
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reinstate the former parent's parental rights. |
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(b) The court shall grant a petition under this section |
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without a hearing and order the reinstatement of the former |
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parent's parental rights if the petition demonstrates that the act |
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upon which the decision to terminate the former parent's parental |
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rights is based did not result in the former parent being criminally |
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adjudicated in the manner required for termination under Section |
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161.001(b)(1)(L). |
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SECTION 4. Section 162.001, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) The child of a parent whose parental rights have been |
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terminated under Section 161.001(b-1) may not be adopted unless the |
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parent has subsequently been criminally adjudicated in the manner |
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required by Section 161.001(b)(1)(L) for the act upon which the |
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decision to terminate the parent's parental rights is based. |
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SECTION 5. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 6. This Act takes effect September 1, 2023. |
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