By Greenberg H.B. No. 2654
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to termination of parental rights based on inability to
1-3 care for a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 15, Family Code, is amended to read as
1-6 follows:
1-7 Sec. 15.024. Involuntary Termination: Inability to Care for
1-8 Child. (a) A petition by the Texas Department of <Human>
1-9 Protective and Regulatory Services requesting termination of the
1-10 parent-child relationship with respect to a parent who is not the
1-11 petitioner may be granted if the court finds that:
1-12 (1) the department has been the managing conservator
1-13 of the child under any chapter of this title for one year, or there
1-14 is a history of previous out-of-home placement or placements of
1-15 this child, or a history of neglect, abuse or lack of care of other
1-16 children by this parent, and the parent has failed to maintain
1-17 other than incidental contact with and to provide for or
1-18 substantially plan for the future of the child; and the termination
1-19 is in the best interest of the child; or
1-20 <(1)> (2) the parent has a mental or emotional illness
1-21 or a mental deficiency that renders the parent unable to provide
1-22 for the physical, emotional, and mental needs of the child, and the
1-23 illness or deficiency, in all reasonable probability, proved by
2-1 clear and convincing evidence, renders the parent unable to provide
2-2 for those needs from the time of the court's finding until the 18th
2-3 birthday of the child;
2-4 <(2)> (3) the department has been the <permanent>
2-5 managing conservator of the child of the parent under any chapter
2-6 of this title for the six months preceding the filing of the
2-7 petition; and
2-8 <(3)> (4) the termination is in the best interest of
2-9 the child.
2-10 (b) Immediately after the filing of a petition for
2-11 termination of the parent-child relationship under <this> section
2-12 (2), the court shall appoint an attorney ad litem to represent the
2-13 interest of the parent against whom the suit is brought.
2-14 (c) A hearing on the petition under Subsection (b) on the
2-15 issue of termination may not be held earlier than 180 days after
2-16 the date on which the petition was filed.
2-17 (d) An attorney appointed under Subsection (b) of this
2-18 section shall represent the parent for the duration of the suit
2-19 unless the parent, with the permission of the court, retains
2-20 another attorney.
2-21 SECTION 2. This Act applies to a petition by the Department
2-22 of Protective and Regulatory Services requesting termination of the
2-23 parent-child relationship if the department has been the permanent
2-24 managing conservator of the child for at least 12 months preceding
2-25 the filing of the petition, regardless of whether the department
3-1 was appointed conservator before or is appointed conservator on or
3-2 after the effective date of this Act.
3-3 SECTION 3. The importance of this legislation and the
3-4 crowded condition of the calendars in both houses create an
3-5 emergency and an imperative public necessity that the
3-6 constitutional rule requiring bills to be read on three several
3-7 days in each house be suspended, and this rule is hereby suspended,
3-8 and that this Act take effect and be in force from and after its
3-9 passage, and it is so enacted.