By: Zaffirini S.B. No. 1260
A BILL TO BE ENTITLED
AN ACT
1-1 relating to the involuntary termination of the parent-child
1-2 relationship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 15, Family Code, is amended by adding
1-5 Section 15.025 to read as follows:
1-6 Sec. 15.025. INVOLUNTARY TERMINATION; FAILURE TO CARE FOR
1-7 CHILD. A petition by the Department of Protective and Regulatory
1-8 Services requesting termination of the parent-child relationship
1-9 with respect to a parent who is not the petitioner may be granted
1-10 if the court finds by clear and convincing evidence that:
1-11 (1) the department has been the temporary or permanent
1-12 managing conservator of the child for one year preceding the filing
1-13 of the petition or there is a past history of court determinations
1-14 of abuse or neglect by the parent which led to one or more foster
1-15 care placements of the child; and
1-16 (2)(A) the parent has failed substantially, without
1-17 good cause, to comply with court orders designed to require the
1-18 parent to provide a safe environment for the child in the parent's
1-19 home; or
1-20 (B) the parent has failed substantially, without
1-21 good cause, to comply with a service plan ordered by the court
1-22 designed to correct the conditions necessitating out-of-home care
1-23 of the child; and
2-1 (3) despite the services or assistance reasonably made
2-2 available to the parent, in all reasonable probability, the child
2-3 will not be integrated into the home of the parent in the
2-4 foreseeable future due to conduct of the parent or the conditions
2-5 of the parent's home; and
2-6 (4) the termination is in the best interest of the
2-7 child.
2-8 SECTION 2. The importance of this legislation and the
2-9 crowded condition of the calendars in both houses create an
2-10 emergency and an imperative public necessity that the
2-11 constitutional rule requiring bills to be read on three several
2-12 days in each house be suspended, and this rule is hereby suspended,
2-13 and that this Act take effect and be in force from and after its
2-14 passage, and it is so enacted.