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. Section 15.024, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 15.024. INVOLUNTARY TERMINATION: INABILITY OR FAILURE
1-7 TO CARE FOR CHILD. (a) A petition by the Texas Department of
1-8 Protective and Regulatory <Human> Services requesting termination
1-9 of the parent-child relationship with respect to a parent who is
1-10 not the petitioner may be granted if the court finds that:
1-11 (1)(A) the department has been the managing
1-12 conservator of the child under any chapter of this title for one
1-13 year preceding the filing of the petition, there is a history of
1-14 previous out-of-home placement or placements of the child, or there
1-15 is a history of neglect, abuse, or lack of care of other children
1-16 by the parent;
1-17 (B) the parent has failed to maintain contact
1-18 other than incidental contact with the child and has failed to
1-19 provide for or substantially plan for the future of the child; and
1-20 (C) the termination is in the best interest of
1-21 the child; or
1-22 (2)(A) the parent has a mental or emotional illness or
1-23 a mental deficiency that renders the parent unable to provide for
2-1 the physical, emotional, and mental needs of the child, and the
2-2 illness or deficiency, in all reasonable probability, proved by
2-3 clear and convincing evidence, renders the parent unable to provide
2-4 for those needs from the time of the court's finding until the 18th
2-5 birthday of the child;
2-6 (B) <(2)> the department has been the
2-7 <permanent> managing conservator of the child of the parent under
2-8 any chapter of this title for the six months preceding the filing
2-9 of the petition; and
2-10 (C) <(3)> the termination is in the best
2-11 interest of the child.
2-12 (b) Immediately after the filing of a petition for
2-13 termination of the parent-child relationship under Subsection
2-14 (a)(2) of this section, the court shall appoint an attorney ad
2-15 litem to represent the interests of the parent against whom the
2-16 suit is brought.
2-17 (c) A hearing on the petition under Subsection (a)(2) of
2-18 this section on the issue of termination may not be held earlier
2-19 than 180 days after the date on which the petition was filed.
2-20 (d) An attorney appointed under Subsection (b) of this
2-21 section shall represent the parent for the duration of the suit
2-22 unless the parent, with the permission of the court, retains
2-23 another attorney.
2-24 SECTION 2. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended,
3-4 and that this Act take effect and be in force from and after its
3-5 passage, and it is so enacted.