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House Bill 1012 |
House Author: Gonzalez Toureilles |
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Effective: 9-1-09 |
Senate Sponsor: Harris |
House Bill 1012 amends provisions of the Family Code relating to the conservatorship or possession of, or access to, a child in a suit affecting the parent-child relationship. Among other provisions the bill requires a court to order reasonable access to a child in a suit by the child's sibling who is separated from the child because of a Department of Family and Protective Services action if the court finds that access is in the best interest of the child. The bill specifies that provisions relating to the modification of a court order based on a conservator's voluntary relinquishment of the primary care and possession of a child for at least six months do not apply to a conservator who has the exclusive right to designate the primary residence of the child and who has temporarily relinquished the primary care and possession of the child to another person during the conservator's military deployment, military mobilization, or temporary military duty. The bill authorizes the court to appoint a designated person to exercise the exclusive right to designate the primary residence of the child during the period of military duty. If the conservator without the exclusive right to designate the primary residence of the child is ordered to military duty, the bill authorizes the court to award visitation with the child to a designated person chosen by that conservator, if the visitation is in the best interest of the child. The bill specifies certain requirements for temporary orders for visitation and child support rendered when a conservator is ordered to military duty a substantial distance from the child.
House Bill 1012 requires a grandparent filing suit for possession of or access to a child to provide an affidavit that contains, along with supporting facts, the allegation that denial of the possession or access would significantly impair the child's physical health or emotional well‑being. The bill requires an order granting possession of or access to a child by a grandparent that is rendered over a parent's objections to state with specificity certain facts related to the best interest of the child. The bill requires the court, in considering evidence of planning activities that could facilitate the removal of a child from the United States by a parent of the child, to also consider any evidence that the parent was engaging in those activities as a part of a safety plan to flee from family violence. The bill revises beginning and ending possession times for certain periods of possession under a standard possession order and requires the court, if elected by a conservator, to provide for one or more alternative beginning and ending possession times for those periods unless the court finds that the election is not in the best interest of the child.
House Bill 1012 authorizes a court to appoint a parenting facilitator to aid the parties in a suit for possession of or access to a child in the same manner as a parenting coordinator and to also monitor compliance with court orders if, after notice and hearing, the court finds that the case is a high-conflict case or there is good cause shown for the appointment and the appointment is in the best interest of any minor child in the suit. The bill requires a parenting facilitator to hold a license to practice in Texas as a social worker, licensed professional counselor, licensed marriage and family therapist, psychologist, or attorney and to have completed certain training. The bill requires the State Bar of Texas, Texas State Board of Examiners of Psychologists, Texas State Board of Examiners of Marriage and Family Therapists, Texas State Board of Examiners of Professional Counselors, and Texas State Board of Social Work Examiners to adopt rules not later than March 1, 2011, establishing parenting facilitator practice standards consistent with the bill. The bill authorizes a person who has served as a parenting coordinator before the effective date of the bill to be appointed to serve as a parenting facilitator in another case if, on the effective date of the bill, the person satisfies all other qualifications to serve as a parenting facilitator, is enrolled in a graduate course of study at an accredited college or university, and obtains a license described above on or before September 1, 2011. The bill revises the qualifications to be a parenting coordinator and provides that a person who satisfies the qualifications in effect immediately before the effective date of the bill is not required to comply with the requirements until September 1, 2010.