BILL ANALYSIS C.S.S.B. 338 By: Zaffirini (Cuellar, H.) 05-05-95 Committee Report (Substituted) BACKGROUND The existing grounds for termination of parental rights do not apply to parental acts and omissions subsequent to a child's placement in foster care. Current Texas law limits the judge or jury from considering actions which the parent engaged in prior to the child's entry into foster care. Often, children remain in temporary foster care because their parents do not make any substantial effort to remedy the conditions that led to the children's original placement in foster care. PURPOSE As proposed, C.S.S.B. 338 sets forth conditions under which a petition requesting termination of the parent-child relationship may be granted. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 161.001, Family Code, as added by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995, to authorize termination of the parent-child relationship if the court finds by clear and convincing evidence that the parent has constructively abandoned the child who has been in the managing conservatorship of the Department of Protective and Regulatory Services or an authorized agency for not less than one year and the department or authorized agency has made reasonable efforts to return the child to the parent, the parent has not maintained contact with the child, the parent has demonstrated an inability to provide the child with a safe environment, and termination is in the best interest of the child. SECTION 2. Amends Section 161.206(a), Family Code, as added by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995, to require a court to terminate a parent-child relationship if the court finds by clear and convincing evidence grounds for the termination. SECTION 3. Effective date: September 1, 1995. SECTION 4. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 338 amends Sections 161.001 and 161.206(a), Family Code, as added by H.B. 655, to change the burden of proof required for a court to order termination of the parent-child relationship to clear and convincing evidence. SUMMARY OF COMMITTEE ACTION S.B. 338 was considered in a public hearing on April 19, 1995. The following persons testified in favor of the bill: Richard LaVallo, representing Advocacy Inc. John J. Sampson, representing himself. The following person testified against the bill: Jack Tucker, representing himself and Texas Fathers Alliance. The committee considered a complete substitute which was adopted without objection. S.B. 338 was reported favorably as substituted with the recommendation that it do pass and be printed by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.