BILL ANALYSIS C.S.S.B. 338 By: Zaffirini Jurisprudence 2-28-95 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 15.02(a)(1)(N), Family Code, to authorize termination of the parent-child relationship if the court finds 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 visited or maintained contact with the child, the parent has demonstrated an inability to provide the child with a safe environment, and that termination is in the best interest of the child. SECTION 2. Effective date: September 1, 1995. SECTION 3. Emergency clause.