By: Schechter H.B. No. 875
73R1611 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the involuntary termination of parental rights.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 15.02, Family Code, is amended to read as
1-5 follows:
1-6 Sec. 15.02. Involuntary Termination of Parental Rights. (a)
1-7 A petition requesting termination of the parent-child relationship
1-8 with respect to a parent who is not the petitioner may be granted
1-9 if the court finds that termination is in the best interests of the
1-10 child and that:
1-11 (1) the parent has:
1-12 (A) voluntarily left the child alone or in the
1-13 possession of another not the parent and expressed an intent not to
1-14 return; <or>
1-15 (B) voluntarily left the child alone or in the
1-16 possession of another not the parent without expressing an intent
1-17 to return, without providing for the adequate support of the child,
1-18 and remained away for a period of at least three months; <or>
1-19 (C) voluntarily left the child alone or in the
1-20 possession of another without providing adequate support of the
1-21 child and remained away for a period of at least six months; <or>
1-22 (D) knowingly placed or knowingly allowed the
1-23 child to remain in conditions or surroundings which endanger the
1-24 physical or emotional well-being of the child; <or>
2-1 (E) engaged in conduct or knowingly placed the
2-2 child with persons who engaged in conduct which endangers the
2-3 physical or emotional well-being of the child; <or>
2-4 (F) failed to support the child in accordance
2-5 with his ability during a period of one year ending within six
2-6 months of the date of the filing of the petition; <or>
2-7 (G) abandoned the child without identifying the
2-8 child or furnishing means of identification, and the child's
2-9 identity cannot be ascertained by the exercise of reasonable
2-10 diligence; <or>
2-11 (H) voluntarily, and with knowledge of the
2-12 pregnancy, abandoned the mother of the child beginning at a time
2-13 during her pregnancy with the child and continuing through the
2-14 birth, failed to provide adequate support or medical care for the
2-15 mother during the period of abandonment before the birth of the
2-16 child, and remained apart from the child or failed to support the
2-17 child since the birth; <or>
2-18 (I) contumaciously refused to submit to a
2-19 reasonable and lawful order of a court under Section 34.05 of this
2-20 code; <or>
2-21 (J) been the major cause of:
2-22 (i) the failure of the child to be
2-23 enrolled in school as required by the Texas Education Code; or
2-24 (ii) the child's absence from his home
2-25 without the consent of his parents or guardian for a substantial
2-26 length of time or without the intent to return; <or>
2-27 (K) executed before or after the suit is filed
3-1 an unrevoked or irrevocable affidavit of relinquishment of parental
3-2 rights as provided by Section 15.03 of this code; <or>
3-3 (L) been adjudicated to be criminally
3-4 responsible for the death or serious injury of another of his or
3-5 her children; or
3-6 (M) had his or her parent-child relationship
3-7 terminated with respect to another child based on a finding that
3-8 the parent's conduct was in violation of Paragraph (D) or (E) of
3-9 this subdivision; or <and in addition, the court further finds
3-10 that>
3-11 (2) an authorized agency has acted as temporary or
3-12 permanent managing conservator of a child for at least 12 months
3-13 and the parent has substantially failed to:
3-14 (A) fulfill the parent's obligations under a
3-15 plan of service for the child that:
3-16 (i) has been developed and implemented by
3-17 the authorized agency; and
3-18 (ii) reasonably addresses the reason for
3-19 the removal of the child; or
3-20 (B) maintain an effective parental relationship
3-21 with the child by failing to:
3-22 (i) attend regularly scheduled visits with
3-23 the child;
3-24 (ii) maintain regular contact or
3-25 communication with the authorized agency;
3-26 (iii) remedy the conditions that resulted
3-27 in the child's removal; or
4-1 (iv) adjust the parent's circumstances or
4-2 conduct to meet the child's needs.
4-3 (b) In considering a termination of parental rights under
4-4 this section, the court shall evaluate the effect that failure to
4-5 expeditiously terminate parental rights will have on a child's
4-6 prospects for early integration into a stable and permanent home
4-7 <termination is in the best interest of the child>.
4-8 SECTION 2. This Act applies only to a suit filed on or after
4-9 the effective date of this Act. A suit filed before that date is
4-10 governed by the law in effect on the date the suit was filed, and
4-11 the former law is continued in effect for that purpose.
4-12 SECTION 3. The importance of this legislation and the
4-13 crowded condition of the calendars in both houses create an
4-14 emergency and an imperative public necessity that the
4-15 constitutional rule requiring bills to be read on three several
4-16 days in each house be suspended, and this rule is hereby suspended,
4-17 and that this Act take effect and be in force from and after its
4-18 passage, and it is so enacted.