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.