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AN ACT
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relating to prohibiting the dismissal of certain suits affecting |
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the parent-child relationship involving the Department of Family |
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and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter E, Chapter 263, Family Code, is |
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amended by adding Section 263.4012 to read as follows: |
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Sec. 263.4012. PROHIBITING DISMISSAL AND RETAINING |
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JURISDICTION WHEN CHILD IS MISSING. (a) Notwithstanding Section |
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263.401, if the court finds the child is missing from the child's |
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substitute care provider, the court shall retain jurisdiction and |
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schedule a new dismissal date that is 180 days after the last |
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dismissal date. The court may not dismiss the case until the |
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earlier of the date the child is found or the date on which the child |
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would no longer be eligible to receive department services or |
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benefits. |
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(b) If the court retains jurisdiction under Subsection (a) |
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but does not commence the trial on the merits before the dismissal |
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date, the court's jurisdiction over the suit is terminated and the |
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suit is automatically dismissed without a court order. |
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SECTION 2. Section 263.501(g), Family Code, is amended to |
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read as follows: |
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(g) Unless the child is adopted or permanent managing |
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conservatorship of the child is awarded to an individual other than |
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the department, a [A] court required to conduct permanency hearings |
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for a child for whom the department has been appointed permanent |
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managing conservator may not dismiss a suit affecting the |
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parent-child relationship filed by the department regarding the |
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child while the child is: |
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(1) committed to the Texas Juvenile Justice Department |
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or released under the supervision of the Texas Juvenile Justice |
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Department; or |
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(2) missing from the child's substitute care |
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provider[, unless the child is adopted or permanent managing |
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conservatorship of the child is awarded to an individual other than |
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the department]. |
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SECTION 3. This Act takes effect September 1, 2025. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 2165 passed the Senate on |
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May 9, 2025, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 2165 passed the House on |
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May 23, 2025, by the following vote: Yeas 134, Nays 0, three |
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present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |