H.B. No. 655
1-1 AN ACT
1-2 relating to the recodification of statutes relating to parents and
1-3 children and suits affecting the parent-child relationship.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. The Family Code is recodified by reenacting Title
1-6 2 and adding Title 5 to read as follows:
1-7 TITLE 2. CHILD IN RELATION TO THE FAMILY
1-8 SUBTITLE A. LIMITATIONS OF MINORITY
1-9 CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY
1-10 Sec. 31.001. REQUIREMENTS. (a) A minor may petition to
1-11 have the disabilities of minority removed for limited or general
1-12 purposes if the minor is:
1-13 (1) a resident of this state;
1-14 (2) 17 years of age, or at least 16 years of age and
1-15 living separate and apart from the minor's parents, managing
1-16 conservator, or guardian; and
1-17 (3) self-supporting and managing the minor's own
1-18 financial affairs.
1-19 (b) A minor may file suit under this chapter in the minor's
1-20 own name. The minor need not be represented by next friend.
1-21 Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) The
1-22 petition for removal of disabilities of minority must state:
1-23 (1) the name, age, and place of residence of the
1-24 petitioner;
2-1 (2) the name and place of residence of each living
2-2 parent;
2-3 (3) the name and place of residence of the guardian of
2-4 the person and the guardian of the estate, if any;
2-5 (4) the name and place of residence of the managing
2-6 conservator, if any;
2-7 (5) the reasons why removal would be in the best
2-8 interest of the minor; and
2-9 (6) the purposes for which removal is requested.
2-10 (b) A parent of the petitioner must verify the petition,
2-11 except that if a managing conservator or guardian of the person has
2-12 been appointed, the petition must be verified by that person. If
2-13 the person who is to verify the petition is unavailable or that
2-14 person's whereabouts are unknown, the guardian ad litem shall
2-15 verify the petition.
2-16 Sec. 31.003. VENUE. The petitioner shall file the petition
2-17 in the county in which the petitioner resides.
2-18 Sec. 31.004. GUARDIAN AD LITEM. The court shall appoint a
2-19 guardian ad litem to represent the interest of the petitioner at
2-20 the hearing.
2-21 Sec. 31.005. ORDER. The court may remove the disabilities
2-22 of minority of a minor if the court finds the removal to be in the
2-23 best interest of the petitioner. The order must state the limited
2-24 or general purposes for which disabilities are removed.
2-25 Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific
2-26 constitutional and statutory age requirements, a minor whose
2-27 disabilities are removed for general purposes has the capacity of
3-1 an adult, including the capacity to contract.
3-2 Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR
3-3 NATION. (a) A nonresident minor who has had the disabilities of
3-4 minority removed in the state of the minor's residence may file a
3-5 certified copy of the order removing disabilities in the deed
3-6 records of any county in this state.
3-7 (b) When a certified copy of the order of a court of another
3-8 state or nation is filed, the minor has the capacity of an adult,
3-9 except as provided by Section 31.006 and by the terms of the order.
3-10 CHAPTER 32. CONSENT TO TREATMENT OF CHILD BY NON-PARENT OR CHILD
3-11 SUBCHAPTER A. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND
3-12 SURGICAL TREATMENT
3-13 Sec. 32.001. CONSENT BY NON-PARENT. (a) The following
3-14 persons may consent to medical, dental, psychological, and surgical
3-15 treatment of a child when the person having the right to consent as
3-16 otherwise provided by law cannot be contacted and that person has
3-17 not given actual notice to the contrary:
3-18 (1) a grandparent of the child;
3-19 (2) an adult brother or sister of the child;
3-20 (3) an adult aunt or uncle of the child;
3-21 (4) an educational institution in which the child is
3-22 enrolled that has received written authorization to consent from a
3-23 person having the right to consent;
3-24 (5) an adult who has actual care, control, and
3-25 possession of the child and has written authorization to consent
3-26 from a person having the right to consent;
3-27 (6) a court having jurisdiction over a suit affecting
4-1 the parent-child relationship of which the child is the subject; or
4-2 (7) an adult responsible for the actual care, control,
4-3 and possession of a child under the jurisdiction of a juvenile
4-4 court or committed by a juvenile court to the care of an agency of
4-5 the state or county.
4-6 (b) The person giving consent, a physician or dentist
4-7 licensed to practice medicine or dentistry in this state, or a
4-8 hospital or medical facility is not liable for the examination and
4-9 treatment of a child under this section except for the person's own
4-10 acts of negligence.
4-11 (c) The Texas Youth Commission may consent to the medical,
4-12 dental, psychological, and surgical treatment of a child committed
4-13 to it under Title 3 when the person having the right to consent has
4-14 been contacted and that person has not given actual notice to the
4-15 contrary.
4-16 (d) This section does not apply to consent for the
4-17 immunization of a child.
4-18 Sec. 32.002. Consent Form. (a) Consent to medical
4-19 treatment under this subchapter must be in writing, signed by the
4-20 person giving consent, and given to the doctor, hospital, or other
4-21 medical facility that administers the treatment.
4-22 (b) The consent must include:
4-23 (1) the name of the child;
4-24 (2) the name of one or both parents, if known, and the
4-25 name of any managing conservator or guardian of the child;
4-26 (3) the name of the person giving consent and the
4-27 person's relationship to the child;
5-1 (4) a statement of the nature of the medical treatment
5-2 to be given; and
5-3 (5) the date the treatment is to begin.
5-4 Sec. 32.003. Consent to Treatment by Child. (a) A child
5-5 may consent to medical, dental, psychological, and surgical
5-6 treatment for the child by a licensed physician or dentist if the
5-7 child:
5-8 (1) is on active duty with the armed services of the
5-9 United States of America;
5-10 (2) is:
5-11 (A) 16 years of age or older and resides
5-12 separate and apart from the child's parents, managing conservator,
5-13 or guardian, with or without the consent of the parents, managing
5-14 conservator, or guardian and regardless of the duration of the
5-15 residence; and
5-16 (B) managing the child's own financial affairs,
5-17 regardless of the source of the income;
5-18 (3) consents to the diagnosis and treatment of an
5-19 infectious, contagious, or communicable disease that is required by
5-20 law or a rule to be reported by the licensed physician or dentist
5-21 to a local health officer or the Texas Department of Health,
5-22 including all diseases within the scope of Section 81.041, Health
5-23 and Safety Code;
5-24 (4) is unmarried and pregnant and consents to
5-25 hospital, medical, or surgical treatment, other than abortion,
5-26 related to the pregnancy; or
5-27 (5) consents to examination and treatment for drug or
6-1 chemical addiction, drug or chemical dependency, or any other
6-2 condition directly related to drug or chemical use.
6-3 (b) Consent by a child to medical, dental, psychological,
6-4 and surgical treatment under this section is not subject to
6-5 disaffirmance because of minority.
6-6 (c) Consent of the parents, managing conservator, or
6-7 guardian of a child is not necessary in order to authorize
6-8 hospital, medical, surgical, or dental care under this section.
6-9 (d) A licensed physician, dentist, or psychologist may, with
6-10 or without the consent of a child who is a patient, advise the
6-11 parents, managing conservator, or guardian of the child of the
6-12 treatment given to or needed by the child.
6-13 (e) A physician, dentist, psychologist, hospital, or medical
6-14 facility is not liable for the examination and treatment of a child
6-15 under this section except for the provider's or the facility's own
6-16 acts of negligence.
6-17 (f) A physician, dentist, psychologist, hospital, or medical
6-18 facility may rely on the written statement of the child containing
6-19 the grounds on which the child has capacity to consent to the
6-20 child's medical treatment.
6-21 Sec. 32.004. CONSENT TO COUNSELING. (a) A child may
6-22 consent to counseling for:
6-23 (1) suicide prevention;
6-24 (2) chemical addiction or dependency; or
6-25 (3) sexual, physical, or emotional abuse.
6-26 (b) A licensed or certified physician, psychologist,
6-27 counselor, or social worker having reasonable grounds to believe
7-1 that a child has been sexually, physically, or emotionally abused,
7-2 is contemplating suicide, or is suffering from a chemical or drug
7-3 addiction or dependency may:
7-4 (1) counsel the child without the consent of the
7-5 child's parents or, if applicable, managing conservator or
7-6 guardian;
7-7 (2) with or without the consent of the child who is a
7-8 client, advise the child's parents or, if applicable, managing
7-9 conservator or guardian of the treatment given to or needed by the
7-10 child; and
7-11 (3) rely on the written statement of the child
7-12 containing the grounds on which the child has capacity to consent
7-13 to the child's own treatment under this section.
7-14 (c) Unless consent is obtained as otherwise allowed by law,
7-15 a physician, psychologist, counselor, or social worker may not
7-16 counsel a child if consent is prohibited by a court order.
7-17 (d) A physician, psychologist, counselor, or social worker
7-18 counseling a child under this section is not liable for damages
7-19 except for damages resulting from the person's negligence or wilful
7-20 misconduct.
7-21 (e) A parent, or, if applicable, managing conservator or
7-22 guardian, who has not consented to counseling treatment of the
7-23 child is not obligated to compensate a physician, psychologist,
7-24 counselor, or social worker for counseling services rendered under
7-25 this section.
7-26 Sec. 32.005. Examination Without Consent of Abuse or Neglect
7-27 of Child. (a) Except as provided by Subsection (c), a physician,
8-1 dentist, or psychologist having reasonable grounds to believe that
8-2 a child's physical or mental condition has been adversely affected
8-3 by abuse or neglect may examine the child without the consent of
8-4 the child, the child's parents, or other person authorized to
8-5 consent to treatment under this subchapter.
8-6 (b) An examination under this section may include X-rays,
8-7 blood tests, and penetration of tissue necessary to accomplish
8-8 those tests.
8-9 (c) Unless consent is obtained as otherwise allowed by law,
8-10 a physician, dentist, or psychologist may not examine a child:
8-11 (1) 16 years of age or older who refuses to consent;
8-12 or
8-13 (2) for whom consent is prohibited by a court order.
8-14 (d) A physician, dentist, or psychologist examining a child
8-15 under this section is not liable for damages except for damages
8-16 resulting from the physician's or dentist's negligence.
8-17 (Sections 32.006-32.100 reserved for expansion)
8-18 SUBCHAPTER B. IMMUNIZATION
8-19 Sec. 32.101. Who May Consent to Immunization of Child. (a)
8-20 In addition to persons authorized to consent to immunization under
8-21 Chapter 151 and Chapter 153, the following persons may consent to
8-22 the immunization of a child:
8-23 (1) a guardian of the child; and
8-24 (2) a person authorized under the law of another state
8-25 or a court order to consent for the child.
8-26 (b) If the persons listed in Subsection (a) cannot be
8-27 contacted and the authority to consent is not denied under
9-1 Subsection (c), consent to the immunization of a child may be given
9-2 by:
9-3 (1) a grandparent of the child;
9-4 (2) an adult brother or sister of the child;
9-5 (3) an adult aunt or uncle of the child;
9-6 (4) a stepparent of the child;
9-7 (5) an educational institution in which the child is
9-8 enrolled that has written authorization to consent for the child
9-9 from a parent, managing conservator, guardian, or other person who
9-10 under the law of another state or a court order may consent for the
9-11 child;
9-12 (6) another adult who has actual care, control, and
9-13 possession of the child and has written authorization to consent
9-14 for the child from a parent, managing conservator, guardian, or
9-15 other person who, under the law of another state or a court order,
9-16 may consent for the child;
9-17 (7) a court having jurisdiction of a suit affecting
9-18 the parent-child relationship of which the minor is the subject;
9-19 (8) an adult having actual care, control, and
9-20 possession of the child under an order of a juvenile court or by
9-21 commitment by a juvenile court to the care of an agency of the
9-22 state or county; or
9-23 (9) an adult having actual care, control, and
9-24 possession of the child as the child's primary caregiver, if the
9-25 adult is granted the right to consent to the child's immunization
9-26 by court order.
9-27 (c) A person otherwise authorized to consent under
10-1 Subsection (a) may not consent for the child if the person has
10-2 actual knowledge that a parent, managing conservator, guardian of
10-3 the child, or other person who under the law of another state or a
10-4 court order may consent for the child:
10-5 (1) has expressly refused to give consent to the
10-6 immunization;
10-7 (2) has been told not to consent for the child; or
10-8 (3) has withdrawn a prior written authorization for
10-9 the person to consent.
10-10 (d) The Texas Youth Commission may consent to the
10-11 immunization of a child committed to it if a parent, managing
10-12 conservator, or guardian of the minor or other person who, under
10-13 the law of another state or court order, may consent for the minor
10-14 has been contacted and:
10-15 (1) refuses to consent; and
10-16 (2) does not expressly deny to the Texas Youth
10-17 Commission the authority to consent for the child.
10-18 (e) For the purposes of this section, a person cannot be
10-19 contacted if:
10-20 (1) the location of the person is unknown;
10-21 (2) a reasonable effort to locate and communicate with
10-22 the person authorized to consent made by a person listed in
10-23 Subsection (b) has failed and not more than 90 days have passed
10-24 since the date that the effort was made; or
10-25 (3) the person who may consent has been contacted and
10-26 the person:
10-27 (A) refuses to consent; and
11-1 (B) does not expressly deny authority to the
11-2 person listed in Subsection (b) to consent for the child.
11-3 Sec. 32.102. Delegation of Consent to Immunization. (a) A
11-4 person who may consent to the immunization of a child other than as
11-5 provided by this chapter may delegate that authority to:
11-6 (1) a grandparent of the child;
11-7 (2) an adult brother or sister of the child;
11-8 (3) an adult aunt or uncle of the child;
11-9 (4) a stepparent of the child; or
11-10 (5) another adult who has actual care, control, and
11-11 possession of the child.
11-12 (b) The delegation of consent under this section must be
11-13 made in writing and contain the information required in the
11-14 immunization rules adopted by the Texas Board of Health.
11-15 (c) An individual who may consent as provided by this
11-16 chapter to medical, dental, or psychological treatment for a child
11-17 may delegate the authority to consent to the immunization of the
11-18 child to a person in the manner permitted under Subsection (b).
11-19 (d) A health care provider may rely on a notarized or
11-20 similarly authenticated document from another state or country that
11-21 contains substantially the same information as is required in the
11-22 immunization consent rules of the Texas Board of Health if the
11-23 document is presented for consent.
11-24 (e) A person who consents under this section shall provide
11-25 the health care provider with a sufficient and accurate health
11-26 history and information about the child for whom consent is given
11-27 and, if necessary, a sufficient and accurate health history and
12-1 information about the child's family to enable the person who is
12-2 delegated the authority to consent to the immunization of the child
12-3 and the health care provider to adequately determine the risks and
12-4 benefits inherent in the proposed immunization and determine
12-5 whether the immunization is advisable.
12-6 Sec. 32.103. Informed Consent to Immunization. (a) A
12-7 person authorized to consent to the immunization of a child has the
12-8 responsibility to ensure that the consent, if given, is an informed
12-9 consent.
12-10 (b) The responsibility of a health care provider to provide
12-11 information to a person consenting to immunization is the same as
12-12 the provider's responsibility to a parent.
12-13 (c) As part of the information given in the counseling for
12-14 informed consent, the health care provider shall provide
12-15 information to inform the person authorized to consent to
12-16 immunization of the procedures available under the National
12-17 Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
12-18 seq.) to seek possible recovery for unreimbursed expenses for
12-19 certain injuries arising out of the administration of certain
12-20 vaccines.
12-21 Sec. 32.104. Limited Liability for Immunization. (a) In
12-22 the absence of wilful misconduct or gross negligence, a health care
12-23 provider who accepts the health history and other information given
12-24 by a person who is delegated the authority to consent to the
12-25 immunization of a child during the informed consent counseling is
12-26 not liable for an adverse reaction to an immunization or for other
12-27 injuries to the child resulting from factual errors in the health
13-1 history or information given by the person to the health care
13-2 provider.
13-3 (b) A person consenting to immunization of a child, a
13-4 physician, nurse, or other health care provider, or a public health
13-5 clinic, hospital, or other medical facility is not liable for
13-6 damages arising from an immunization administered to a child
13-7 authorized under this subchapter except for injuries resulting from
13-8 the person's or facility's own acts of negligence.
13-9 Sec. 32.105. Consent by Informal Guardian. (a) An adult
13-10 having actual care, control, and possession of a child as the
13-11 child's primary caregiver may file a petition requesting authority
13-12 to consent to the immunization of the child.
13-13 (b) A verified petition to grant authority for the adult to
13-14 consent to the immunization of the child for whom the adult is the
13-15 primary caregiver must be filed in the county where the child
13-16 resides and include:
13-17 (1) the name, place of residence, and date of birth of
13-18 the child, if known;
13-19 (2) the identity, if known, of the parent, managing
13-20 conservator, guardian, or other person who under the law of another
13-21 state or a court order may consent for the child, and who cannot be
13-22 contacted; and
13-23 (3) a statement that the adult has actual care,
13-24 control, and possession of the child as the primary caregiver.
13-25 (c) Citation of a parent, managing conservator, guardian, or
13-26 other person is not necessary before the petition is heard.
13-27 (d) If the court finds that the grant of authority is in the
14-1 best interest of the child, the court may grant authority for the
14-2 adult to consent to the immunization of the child for whom the
14-3 adult is an informal guardian.
14-4 (e) A hearing under this section is an ex parte hearing.
14-5 The court shall grant a preferential setting if requested.
14-6 (Sections 32.106-32.200 reserved for expansion)
14-7 SUBCHAPTER C. MISCELLANEOUS PROVISIONS
14-8 Sec. 32.201. Emergency Shelter for Minor Mothers. (a) An
14-9 emergency shelter facility may provide shelter and care to a minor
14-10 mother who is the sole financial support of her child or children.
14-11 (b) An emergency shelter facility may provide shelter or
14-12 care only during an emergency constituting an immediate danger to
14-13 the physical health or safety of the minor mother or her child or
14-14 children.
14-15 (c) Shelter or care provided under this section may not be
14-16 provided after the 15th day after the date the shelter or care is
14-17 commenced unless:
14-18 (1) the facility receives consent to continue services
14-19 from a parent or guardian of the minor mother; or
14-20 (2) the minor mother has qualified for Aid to Families
14-21 with Dependent Children under Chapter 31, Human Resources Code, and
14-22 is on the waiting list for housing assistance.
14-23 (Chapters 33-40 reserved for expansion)
14-24 SUBTITLE B. PARENTAL LIABILITY
14-25 CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD
14-26 Sec. 41.001. Liability. A parent or other person who has
14-27 the duty of control and reasonable discipline of a child is liable
15-1 for any property damage proximately caused by:
15-2 (1) the negligent conduct of the child if the conduct
15-3 is reasonably attributable to the negligent failure of the parent
15-4 or other persons to exercise that duty; or
15-5 (2) the wilful and malicious conduct of a child who is
15-6 at least 12 years of age but under 18 years of age.
15-7 Sec. 41.002. Limit of Damages. Recovery for damage caused
15-8 by wilful and malicious conduct is limited to actual damages, not
15-9 to exceed $15,000 per occurrence, plus court costs and reasonable
15-10 attorney's fees.
15-11 Sec. 41.003. Venue. A suit as provided by this chapter may
15-12 be filed in the county in which the conduct of the child occurred
15-13 or in the county in which the defendant resides.
15-14 CHAPTER 42. CIVIL LIABILITY FOR INTERFERENCE
15-15 WITH POSSESSORY INTEREST IN CHILD
15-16 Sec. 42.001. DEFINITIONS. In this chapter:
15-17 (1) "Order" means a temporary or final order of a
15-18 court of this state or another state or nation.
15-19 (2) "Possessory right" means a court-ordered right of
15-20 possession of or access to a child, including conservatorship,
15-21 custody, and visitation.
15-22 Sec. 42.002. LIABILITY FOR INTERFERENCE WITH POSSESSORY
15-23 RIGHT. (a) A person who takes or retains possession of a child or
15-24 who conceals the whereabouts of a child in violation of a
15-25 possessory right of another person may be liable for damages to
15-26 that person.
15-27 (b) A possessory right is violated by the taking, retention,
16-1 or concealment of a child at a time when another person is entitled
16-2 to possession of or access to the child.
16-3 Sec. 42.003. AIDING OR ASSISTING INTERFERENCE WITH
16-4 POSSESSORY RIGHT. (a) A person who aids or assists in conduct for
16-5 which a cause of action is authorized by this chapter is jointly
16-6 and severally liable for damages.
16-7 (b) A person who was not a party to the suit in which an
16-8 order was rendered providing for a possessory right is not liable
16-9 unless the person at the time of the violation:
16-10 (1) had actual notice of the existence and contents of
16-11 the order; or
16-12 (2) had reasonable cause to believe that the child was
16-13 the subject of an order and that the person's actions were likely
16-14 to violate the order.
16-15 Sec. 42.004. Notice. (a) As a prerequisite to the filing
16-16 of suit, a person who has been denied a possessory right shall give
16-17 written notice of the specific violation alleged to the person
16-18 alleged to be in violation of the order.
16-19 (b) The notice shall be by certified or registered mail,
16-20 return receipt requested, to the last known address of the person
16-21 alleged to be in violation of the order.
16-22 (c) The person giving notice shall include a statement of
16-23 intention to file suit unless the person alleged to have violated
16-24 the order promptly and fully complies with the order.
16-25 (d) A suit may not be filed until the 31st day after the
16-26 date on which the notice is mailed.
16-27 (e) Notice need not be given to a person aiding or assisting
17-1 conduct denying a possessory right.
17-2 (f) A party may introduce evidence that notice has been
17-3 given as provided by this section.
17-4 Sec. 42.005. VENUE. A suit may be filed in a county in
17-5 which:
17-6 (1) the plaintiff resides;
17-7 (2) the defendant resides;
17-8 (3) a suit affecting the parent-child relationship as
17-9 provided by Chapter 102 may be brought, concerning the child who is
17-10 the subject of the court order; or
17-11 (4) a court has continuing, exclusive jurisdiction as
17-12 provided by Chapter 155.
17-13 Sec. 42.006. DAMAGES. (a) Damages may include:
17-14 (1) the actual costs and expenses incurred in locating
17-15 a child who is the subject of the order;
17-16 (2) the actual costs and expenses, including
17-17 attorney's fees, incurred in enforcing the order and prosecuting
17-18 the suit; and
17-19 (3) mental suffering and anguish incurred by the
17-20 plaintiff because of a violation of the order.
17-21 (b) A person liable for damages who acted with malice or
17-22 with an intent to cause harm to the plaintiff may be liable for
17-23 exemplary damages.
17-24 Sec. 42.007. AFFIRMATIVE DEFENSE. The defendant may plead
17-25 as an affirmative defense that:
17-26 (1) the defendant acted in violation of the order with
17-27 the express consent of the plaintiff; or
18-1 (2) after receiving notice of an alleged violation,
18-2 the defendant promptly and fully complied with the order.
18-3 Sec. 42.008. REMEDIES NOT AFFECTED. This chapter does not
18-4 affect any other civil or criminal remedy available to any person,
18-5 including the child, for interference with a possessory right, nor
18-6 does it affect the power of a parent to represent the interest of a
18-7 child in a suit filed on behalf of the child.
18-8 Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as
18-9 provided by this chapter is entitled to recover attorney's fees and
18-10 court costs if:
18-11 (1) the claim for damages is dismissed or judgment is
18-12 awarded to the defendant; and
18-13 (2) the court or jury finds that the claim for damages
18-14 is frivolous, unreasonable, or without foundation.
18-15 (Chapters 43-44 reserved for expansion)
18-16 SUBTITLE C. CHANGE OF NAME
18-17 CHAPTER 45. CHANGE OF NAME
18-18 SUBCHAPTER A. CHANGE OF NAME OF CHILD
18-19 Sec. 45.001. WHO MAY FILE; VENUE. A parent, managing
18-20 conservator, or guardian of a child may file a petition requesting
18-21 a change of name of the child in the county where the child
18-22 resides.
18-23 Sec. 45.002. REQUIREMENTS OF PETITION. (a) A petition to
18-24 change the name of a child must be verified and include:
18-25 (1) the present name and place of residence of the
18-26 child;
18-27 (2) the reason a change of name is requested;
19-1 (3) the full name requested for the child; and
19-2 (4) whether the child is subject to the continuing
19-3 exclusive jurisdiction of a court under Chapter 155.
19-4 (b) If the child is 12 years of age or older, the child's
19-5 written consent to the change of name must be attached to the
19-6 petition.
19-7 Sec. 45.003. Citation. (a) The following persons are
19-8 entitled to citation in a suit under this subchapter:
19-9 (1) a parent of the child whose parental rights have
19-10 not been terminated;
19-11 (2) any managing conservator of the child; and
19-12 (3) any guardian of the child.
19-13 (b) Citation must be issued and served in the same manner as
19-14 under Chapter 102.
19-15 Sec. 45.004. Order. (a) The court may order the name of a
19-16 child changed if the change is in the best interest of the child.
19-17 (b) If the child is subject to the continuing jurisdiction
19-18 of a court under Chapter 155, the court shall send a copy of the
19-19 order to the central record file as provided in Chapter 108.
19-20 Sec. 45.005. LIABILITIES AND RIGHTS UNAFFECTED. A change of
19-21 name does not:
19-22 (1) release a child from any liability incurred in the
19-23 child's previous name; or
19-24 (2) defeat any right the child had in the child's
19-25 previous name.
19-26 (Sections 45.006-45.100 reserved for expansion)
19-27 SUBCHAPTER B. CHANGE OF NAME OF ADULT
20-1 Sec. 45.101. WHO MAY FILE; VENUE. An adult may file a
20-2 petition requesting a change of name in the county of the adult's
20-3 place of residence.
20-4 Sec. 45.102. REQUIREMENTS OF PETITION. (a) A petition to
20-5 change the name of an adult must be verified and include:
20-6 (1) the present name and place of residence of the
20-7 petitioner;
20-8 (2) the full name requested for the petitioner;
20-9 (3) the reason the change in name is requested; and
20-10 (4) whether the petitioner has been the subject of a
20-11 final felony conviction.
20-12 (b) The petition must include each of the following or a
20-13 reasonable explanation why the required information is not
20-14 included:
20-15 (1) the petitioner's:
20-16 (A) full name;
20-17 (B) sex;
20-18 (C) race;
20-19 (D) date of birth;
20-20 (E) driver's license number for any driver's
20-21 license issued in the 10 years preceding the date of the petition;
20-22 (F) social security number; and
20-23 (G) assigned FBI number, state identification
20-24 number, if known, or any other reference number in a criminal
20-25 history record system that identifies the petitioner;
20-26 (2) any offense above the grade of Class C misdemeanor
20-27 for which the petitioner has been charged; and
21-1 (3) the case number and the court if a warrant was
21-2 issued or a charging instrument was filed or presented for an
21-3 offense listed in Subsection (b)(2).
21-4 Sec. 45.103. Order. (a) The court shall order a change of
21-5 name under this subchapter for a person other than a person with a
21-6 final felony conviction if the change is in the interest or to the
21-7 benefit of the petitioner and in the interest of the public.
21-8 (b) A court may order a change of name under this subchapter
21-9 for a person with a final felony conviction if, in addition to the
21-10 requirements of Subsection (a), the person has:
21-11 (1) received a certificate of discharge by the pardons
21-12 and paroles division of the Texas Department of Criminal Justice or
21-13 completed a period of probation ordered by a court and not less
21-14 than two years have passed from the date of the receipt of
21-15 discharge or completion of probation; or
21-16 (2) been pardoned.
21-17 Sec. 45.104. Liabilities and Rights Unaffected. A change of
21-18 name under this subchapter does not release a person from liability
21-19 incurred in that person's previous name or defeat any right the
21-20 person had in the person's previous name.
21-21 TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING
21-22 THE PARENT-CHILD RELATIONSHIP
21-23 SUBTITLE A. GENERAL PROVISIONS
21-24 CHAPTER 101. DEFINITIONS
21-25 Sec. 101.001. APPLICABILITY OF DEFINITIONS. (a)
21-26 Definitions in this subchapter apply to this title.
21-27 (b) If, in another part of this title, a term defined by
22-1 this chapter has a meaning different from the meaning provided by
22-2 this chapter, the meaning of that other provision prevails.
22-3 Sec. 101.002. AUTHORIZED AGENCY. "Authorized agency" means
22-4 a public social agency authorized to care for children, including
22-5 the Texas Department of Protective and Regulatory Services.
22-6 Sec. 101.003. CHILD OR MINOR; ADULT. (a) "Child" or
22-7 "minor" means a person under 18 years of age who is not and has not
22-8 been married or who has not had the disabilities of minority
22-9 removed for general purposes.
22-10 (b) In the context of child support, "child" includes a
22-11 person over 18 years of age for whom a person may be obligated to
22-12 pay child support.
22-13 (c) "Adult" means a person who is not a child.
22-14 Sec. 101.004. CHILD SUPPORT AGENCY. "Child support agency"
22-15 means:
22-16 (1) the Title IV-D agency;
22-17 (2) a county or district attorney or any other county
22-18 officer or county agency that executes a cooperative agreement with
22-19 the Title IV-D agency to provide child support services under Part
22-20 D of Title IV of the federal Social Security Act (42 U.S.C. Section
22-21 651 et seq.) and Chapter 231; or
22-22 (3) a domestic relations office.
22-23 Sec. 101.005. CHILD SUPPORT REVIEW OFFICER. "Child support
22-24 review officer" means an individual designated by a child support
22-25 agency to conduct reviews under this title who has received family
22-26 law mediation training.
22-27 Sec. 101.006. CHILD SUPPORT SERVICES. "Child support
23-1 services" means administrative or court actions to:
23-2 (1) establish paternity;
23-3 (2) establish, modify, or enforce child support or
23-4 medical support obligations;
23-5 (3) locate absent parents; or
23-6 (4) cooperate with other states in these actions and
23-7 any other action authorized or required under Part D of Title IV of
23-8 the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
23-9 Chapter 231.
23-10 Sec. 101.007. CLEAR AND CONVINCING EVIDENCE. "Clear and
23-11 convincing evidence" means the measure or degree of proof that will
23-12 produce in the mind of the trier of fact a firm belief or
23-13 conviction as to the truth of the allegations sought to be
23-14 established.
23-15 Sec. 101.008. COURT. "Court" means the district court,
23-16 juvenile court having the same jurisdiction as a district court, or
23-17 other court expressly given jurisdiction of a suit affecting the
23-18 parent-child relationship.
23-19 Sec. 101.009. DANGER TO PHYSICAL HEALTH OR SAFETY OF CHILD.
23-20 "Danger to the physical health or safety of a child" includes
23-21 exposure of the child to loss or injury that jeopardizes the
23-22 physical health or safety of the child without regard to whether
23-23 there has been an actual prior injury to the child.
23-24 Sec. 101.010. DISPOSABLE EARNINGS. "Disposable earnings"
23-25 means the part of the earnings of an individual remaining after the
23-26 deduction from those earnings of any amount required by law to be
23-27 withheld, union dues, nondiscretionary retirement contributions,
24-1 and medical, hospitalization, and disability insurance coverage for
24-2 the obligor and the obligor's children.
24-3 Sec. 101.011. EARNINGS. "Earnings" means compensation paid
24-4 or payable for personal services, whether denominated as wages,
24-5 salary, compensation received as an independent contractor,
24-6 overtime pay, severance pay, commission, bonus, or otherwise. The
24-7 term includes periodic payments pursuant to a pension, an annuity,
24-8 workers' compensation, a disability and retirement program, and
24-9 unemployment benefits.
24-10 Sec. 101.012. EMPLOYER. "Employer" means a person,
24-11 corporation, partnership, workers' compensation insurance carrier,
24-12 governmental entity, and the United States.
24-13 Sec. 101.013. FILED. "Filed" means officially filed with
24-14 the clerk of the court.
24-15 Sec. 101.014. GOVERNMENTAL ENTITY. "Governmental entity"
24-16 means the state, a political subdivision of the state, or an agency
24-17 of the state.
24-18 Sec. 101.015. HEALTH INSURANCE. "Health insurance" means
24-19 insurance coverage that provides basic health care services,
24-20 including usual physician services, office visits, hospitalization,
24-21 and laboratory, X-ray, and emergency services, that may be provided
24-22 through a health maintenance organization or other private or
24-23 public organization.
24-24 Sec. 101.016. JOINT MANAGING CONSERVATORSHIP. "Joint
24-25 managing conservatorship" means the sharing of the rights and
24-26 duties of a parent by two parties, ordinarily the parents, even if
24-27 the exclusive right to make certain decisions may be awarded to one
25-1 party.
25-2 Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
25-3 child placing agency" means a person, private association, or
25-4 corporation approved by the Department of Protective and Regulatory
25-5 Services to place children for adoption through a license,
25-6 certification, or other means.
25-7 Sec. 101.018. LOCAL REGISTRY. "Local registry" means an
25-8 agency or entity operated under the authority of a district clerk,
25-9 county government, juvenile board, juvenile probation office,
25-10 domestic relations office, or other county agency or entity that
25-11 serves a county or a court that has jurisdiction under this title
25-12 and that:
25-13 (1) receives child support payments;
25-14 (2) maintains records of child support payments;
25-15 (3) distributes child support payments as required by
25-16 law; and
25-17 (4) maintains custody of official child support
25-18 payment records.
25-19 Sec. 101.019. MANAGING CONSERVATORSHIP. "Managing
25-20 conservatorship" means the relationship between a child and a
25-21 managing conservator appointed by court order.
25-22 Sec. 101.020. MEDICAL SUPPORT. "Medical support" means
25-23 periodic payments or a lump-sum payment made under a court order to
25-24 cover medical expenses, including health insurance coverage,
25-25 incurred for the benefit of a child.
25-26 Sec. 101.021. OBLIGEE. "Obligee" means a person or entity
25-27 entitled to receive payments under an order of child support,
26-1 including an agency of this state or of another jurisdiction to
26-2 which a person has assigned the person's right to support.
26-3 Sec. 101.022. OBLIGOR. "Obligor" means a person required to
26-4 make payments under the terms of a support order for a child.
26-5 Sec. 101.023. ORDER. "Order" means a final order unless
26-6 identified as a temporary order or the context clearly requires a
26-7 different meaning. The term includes a decree and a judgment.
26-8 Sec. 101.024. PARENT. "Parent" means the mother, a man
26-9 presumed to be the biological father or who has been adjudicated to
26-10 be the biological father by a court of competent jurisdiction, or
26-11 an adoptive mother or father. The term does not include a parent
26-12 as to whom the parent-child relationship has been terminated.
26-13 Sec. 101.025. PARENT-CHILD RELATIONSHIP. "Parent-child
26-14 relationship" means the legal relationship between a child and the
26-15 child's biological or adoptive parents as provided by Chapter 151.
26-16 The term includes the mother and child relationship and the father
26-17 and child relationship.
26-18 Sec. 101.026. RENDER. "Render" means the pronouncement by a
26-19 judge of the court's ruling on a matter. The pronouncement may be
26-20 made orally in the presence of the court reporter or in writing,
26-21 including on the court's docket sheet or by a separate written
26-22 instrument.
26-23 Sec. 101.027. PARENT LOCATOR SERVICE. "Parent locator
26-24 service" means the service established under 42 U.S.C. Section 653.
26-25 Sec. 101.028. SCHOOL. "School" means a primary or secondary
26-26 school in which a child is enrolled or, if the child is not
26-27 enrolled in a primary or secondary school, the public school
27-1 district in which the child primarily resides.
27-2 Sec. 101.029. STANDARD POSSESSION ORDER. "Standard
27-3 possession order" means an order that provides a parent with rights
27-4 of possession of a child in accordance with the terms and
27-5 conditions of Subchapter F, Chapter 153.
27-6 Sec. 101.030. STATE. "State" means a state of the United
27-7 States, the District of Columbia, the Commonwealth of Puerto Rico,
27-8 or a territory or insular possession subject to the jurisdiction of
27-9 the United States. The term includes an Indian tribe and a foreign
27-10 jurisdiction that has established procedures for rendition and
27-11 enforcement of an order that are substantially similar to the
27-12 procedures of this title.
27-13 Sec. 101.031. SUIT. "Suit" means a suit affecting the
27-14 parent-child relationship.
27-15 Sec. 101.032. SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP.
27-16 (a) "Suit affecting the parent-child relationship" means a suit
27-17 filed as provided by this title in which the appointment of a
27-18 managing conservator or a possessory conservator, access to or
27-19 support of a child, or establishment or termination of the
27-20 parent-child relationship is requested.
27-21 (b) The following are not suits affecting the parent-child
27-22 relationship:
27-23 (1) a habeas corpus proceeding under Chapter 157;
27-24 (2) a proceeding filed under Chapter 159 to determine
27-25 parentage or to establish, enforce, or modify child support,
27-26 whether this state is acting as the initiating or responding state;
27-27 and
28-1 (3) a proceeding under Title 2.
28-2 Sec. 101.033. Title IV-D agency. "Title IV-D agency" means
28-3 the state agency designated under Chapter 231 to provide services
28-4 under Part D of Title IV of the federal Social Security Act (42
28-5 U.S.C. Section 651 et seq.).
28-6 Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
28-7 action to establish or enforce support obligations filed under Part
28-8 D, Title IV, of the federal Social Security Act (42 U.S.C. Section
28-9 651 et seq.).
28-10 Sec. 101.035. TRIBUNAL. "Tribunal" means a court,
28-11 administrative agency, or quasi-judicial entity of a state
28-12 authorized to establish, enforce, or modify support orders or to
28-13 determine parentage.
28-14 CHAPTER 102. FILING SUIT
28-15 Sec. 102.001. SUIT AUTHORIZED; SCOPE OF SUIT. (a) A suit
28-16 may be filed as provided in this title.
28-17 (b) One or more matters covered by this title may be
28-18 determined in the suit. The court, on its own motion, may require
28-19 the parties to replead in order that any issue affecting the
28-20 parent-child relationship may be determined in the suit.
28-21 Sec. 102.002. COMMENCEMENT OF SUIT. An original suit begins
28-22 by the filing of a petition as provided by this chapter.
28-23 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original
28-24 suit may be filed at any time by:
28-25 (1) a parent of the child;
28-26 (2) the child through a representative authorized by
28-27 the court;
29-1 (3) a custodian or person having the right of
29-2 visitation with or access to the child appointed by an order of a
29-3 court of another state or country;
29-4 (4) a guardian of the person or of the estate of the
29-5 child;
29-6 (5) a governmental entity;
29-7 (6) an authorized agency;
29-8 (7) a licensed child placing agency;
29-9 (8) a man alleging himself to be the biological father
29-10 of a child filing in accordance with Chapter 160, but not
29-11 otherwise;
29-12 (9) a person who has had actual care, control, and
29-13 possession of the child for not less than six months preceding the
29-14 filing of the petition;
29-15 (10) a person designated as the managing conservator
29-16 in a revoked or unrevoked affidavit of relinquishment under Chapter
29-17 161 or to whom consent to adoption has been given in writing under
29-18 Chapter 162; or
29-19 (11) a person with whom the child and the child's
29-20 guardian, managing conservator, or parent have resided for not less
29-21 than six months preceding the filing of the petition if the child's
29-22 guardian, managing conservator, or parent is deceased at the time
29-23 of the filing of the petition.
29-24 Sec. 102.004. STANDING FOR GRANDPARENT. (a) An original
29-25 suit requesting managing conservatorship may be filed by a
29-26 grandparent if there is satisfactory proof to the court that:
29-27 (1) the order requested is necessary because the
30-1 child's present environment presents a serious question concerning
30-2 the child's physical health or welfare; or
30-3 (2) both parents, the surviving parent, or the
30-4 managing conservator or custodian either filed the petition or
30-5 consented to the suit.
30-6 (b) An original suit requesting possessory conservatorship
30-7 may not be filed by a grandparent or other person. However, the
30-8 court may grant a grandparent or other person deemed by the court
30-9 to have had substantial past contact with the child leave to
30-10 intervene in a pending suit filed by a person authorized to do so
30-11 under this subchapter.
30-12 (c) Access to a child by a grandparent is governed by the
30-13 standards established by Chapter 153.
30-14 Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION.
30-15 An original suit requesting only an adoption or for termination of
30-16 the parent-child relationship joined with a petition for adoption
30-17 may be filed by:
30-18 (1) a stepparent of the child;
30-19 (2) an adult who, as the result of a placement for
30-20 adoption, has had actual possession and control of the child at any
30-21 time during the 30-day period preceding the filing of the petition;
30-22 (3) an adult who has had actual possession and control
30-23 of the child for not less than two months during the three-month
30-24 period preceding the filing of the petition; or
30-25 (4) another adult whom the court determines to have
30-26 had substantial past contact with the child sufficient to warrant
30-27 standing to do so.
31-1 Sec. 102.006. LIMITATIONS ON STANDING. (a) Except as
31-2 provided by Subsection (b), if the parent-child relationship
31-3 between the child and every living parent of the child has been
31-4 terminated, an original suit may not be filed by:
31-5 (1) a former parent whose parent-child relationship
31-6 with the child has been terminated by court order;
31-7 (2) the biological father of the child; or
31-8 (3) a family member or relative by blood, adoption, or
31-9 marriage of either a former parent whose parent-child relationship
31-10 has been terminated or of the biological father of the child.
31-11 (b) The limitations on filing suit imposed by this section
31-12 do not apply to a person who:
31-13 (1) has a continuing right to possession of or access
31-14 to the child under an existing court order; or
31-15 (2) has the consent of the child's managing
31-16 conservator, guardian, or legal custodian to bring the suit.
31-17 Sec. 102.007. STANDING OF TITLE IV-D AGENCY. In providing
31-18 services authorized by Chapter 231, the Title IV-D agency may file
31-19 a child support action authorized under this title, including a
31-20 suit for modification or a motion for enforcement.
31-21 Sec. 102.008. CONTENTS OF PETITION. (a) The petition and
31-22 all other documents in a proceeding filed under this title, except
31-23 a suit for adoption of an adult, shall be entitled "In the interest
31-24 of __________, a child." In a suit in which adoption of a child is
31-25 requested, the style shall be "In the interest of a child."
31-26 (b) The petition must include:
31-27 (1) a statement that the court in which the petition
32-1 is filed has continuing, exclusive jurisdiction or that no court
32-2 has continuing jurisdiction of the suit;
32-3 (2) the name, sex, place and date of birth, and place
32-4 of residence of the child, except that if adoption of a child is
32-5 requested, the name of the child may be omitted;
32-6 (3) the full name, age, and place of residence of the
32-7 petitioner and the petitioner's relationship to the child or the
32-8 fact that no relationship exists;
32-9 (4) the names, ages, and place of residence of the
32-10 parents, except in a suit in which adoption is requested;
32-11 (5) the name and place of residence of the managing
32-12 conservator, if any, or the child's custodian, if any, appointed by
32-13 order of a court of another state or country;
32-14 (6) the names and places of residence of the guardians
32-15 of the person and estate of the child, if any;
32-16 (7) the names and places of residence of possessory
32-17 conservators or other persons, if any, having possession of or
32-18 access to the child under an order of the court;
32-19 (8) the name and place of residence of an alleged
32-20 father of the child or a statement that the identity of the father
32-21 of the child is unknown;
32-22 (9) a full description and statement of value of all
32-23 property owned or possessed by the child;
32-24 (10) a statement describing what action the court is
32-25 requested to take concerning the child and the statutory grounds on
32-26 which the request is made; and
32-27 (11) any other information required by this title.
33-1 Sec. 102.009. SERVICE OF CITATION. (a) Except as provided
33-2 by Subsection (b), the following persons are entitled to service of
33-3 citation on the filing of a petition in an original suit:
33-4 (1) a managing conservator;
33-5 (2) a possessory conservator;
33-6 (3) a person having possession of or access to the
33-7 child under an order;
33-8 (4) a person required by law or by order to provide
33-9 for the support of the child;
33-10 (5) a guardian of the person of the child;
33-11 (6) a guardian of the estate of the child;
33-12 (7) each parent as to whom the parent-child
33-13 relationship has not been terminated or process has not been waived
33-14 under Chapter 161; and
33-15 (8) an alleged father, unless there is attached to the
33-16 petition an affidavit of waiver of interest in a child executed by
33-17 the alleged father as provided by Chapter 161.
33-18 (b) Citation may be served on any other person who has or
33-19 who may assert an interest in the child.
33-20 (c) Citation on the filing of an original petition in a suit
33-21 shall be issued and served as in other civil cases.
33-22 (d) If the petition requests the establishment,
33-23 modification, or enforcement of a support right assigned to the
33-24 Title IV-D agency under Chapter 231, notice shall be given to the
33-25 attorney general in a manner provided by Rule 21a, Texas Rules of
33-26 Civil Procedure.
33-27 Sec. 102.010. SERVICE OF CITATION BY PUBLICATION. (a)
34-1 Citation may be served by publication as in other civil cases to
34-2 persons entitled to service of citation who cannot be notified by
34-3 personal service or registered or certified mail and to persons
34-4 whose names are unknown.
34-5 (b) Citation by publication shall be published one time. If
34-6 the name of a person entitled to service of citation is unknown,
34-7 the notice to be published shall be addressed to "All Whom It May
34-8 Concern." One or more causes to be heard on a certain day may be
34-9 included in one notice and hearings may be continued from time to
34-10 time without further notice.
34-11 (c) Citation by publication shall be sufficient if given in
34-12 substantially the following form:
34-13 "STATE OF TEXAS
34-14 To (names of persons to be served with citation) and to all whom it
34-15 may concern (if the name of any person to be served with citation
34-16 is unknown), Respondent(s),
34-17 "You have been sued. You may employ an attorney. If you or
34-18 your attorney do (does) not file a written answer with the clerk
34-19 who issued this citation by 10 a.m. on the Monday next following
34-20 the expiration of 20 days after you were served this citation and
34-21 petition, a default judgment may be taken against you. The
34-22 petition of ______________, Petitioner, was filed in the Court of
34-23 _______________ County, Texas, on the ___ day of _________, _____,
34-24 against __________, Respondent(s), numbered _____, and entitled 'In
34-25 the interest of __________, a child (or children).' The suit
34-26 requests (statement of relief requested, e.g., 'terminate the
34-27 parent-child relationship'). The date and place of birth of the
35-1 child (children) who is (are) the subject of the suit:
35-2 _____________.
35-3 "The court has authority in this suit to render an order in
35-4 the child's (children's) interest that will be binding on you,
35-5 including the termination of the parent-child relationship, the
35-6 determination of paternity, and the appointment of a conservator
35-7 with authority to consent to the child's (children's) adoption.
35-8 "Issued and given under my hand and seal of the Court at
35-9 _________, Texas, this the ___ day of _______, ____.
35-10 ". . . . . . . . . . . . . . .
35-11 Clerk of the District Court of
35-12 _______________ County, Texas.
35-13 By _____________, Deputy."
35-14 Sec. 102.011. ACQUIRING JURISDICTION OVER NONRESIDENT. (a)
35-15 The court may exercise status or subject matter jurisdiction over
35-16 the suit as provided by Chapter 152.
35-17 (b) The court may also exercise personal jurisdiction over a
35-18 person on whom service of citation is required or over the person's
35-19 personal representative, although the person is not a resident or
35-20 domiciliary of this state, if:
35-21 (1) the person is personally served with citation in
35-22 this state;
35-23 (2) the person submits to the jurisdiction of this
35-24 state by consent, by entering a general appearance, or by filing a
35-25 responsive document having the effect of waiving any contest to
35-26 personal jurisdiction;
35-27 (3) the child resides in this state as a result of the
36-1 acts or directives of the person;
36-2 (4) the person resided with the child in this state;
36-3 (5) the person resided in this state and provided
36-4 prenatal expenses or support for the child;
36-5 (6) the person engaged in sexual intercourse in this
36-6 state and the child may have been conceived by that act of
36-7 intercourse; or
36-8 (7) there is any basis consistent with the
36-9 constitutions of this state and the United States for the exercise
36-10 of the personal jurisdiction.
36-11 Sec. 102.012. EXERCISING PARTIAL JURISDICTION. (a) A court
36-12 in which a suit is filed may exercise its jurisdiction over those
36-13 portions of the suit for which it has authority.
36-14 (b) The court's authority to resolve all issues in
36-15 controversy between the parties may be restricted because the court
36-16 lacks:
36-17 (1) the required personal jurisdiction over a
36-18 nonresident party;
36-19 (2) the required jurisdiction under Chapter 152; or
36-20 (3) the required jurisdiction under Chapter 157.
36-21 (c) If a provision of Chapter 152 or Chapter 159 expressly
36-22 conflicts with another provision of this title and the conflict
36-23 cannot be reconciled, the provision of Chapter 152 or Chapter 159
36-24 prevails.
36-25 (d) In exercising jurisdiction, the court shall seek to
36-26 harmonize the provisions of this code, the federal Parental
36-27 Kidnapping Prevention Act (28 U.S.C. Section 1738A), and the
37-1 federal Full Faith and Credit for Child Support Order Act (28
37-2 U.S.C. Section 1738B).
37-3 Sec. 102.013. DOCKETING REQUIREMENTS. (a) In a suit for
37-4 modification or a motion for enforcement, the clerk shall file the
37-5 petition or motion and all related papers under the same docket
37-6 number as the prior proceeding without additional letters, digits,
37-7 or special designations.
37-8 (b) If a suit requests the adoption of a child, the clerk
37-9 shall file the suit and all other papers relating to the suit in a
37-10 new file having a new docket number.
37-11 CHAPTER 103. VENUE AND TRANSFER OF ORIGINAL PROCEEDINGS
37-12 Sec. 103.001. VENUE FOR ORIGINAL SUIT. (a) Except as
37-13 otherwise provided by this title, an original suit shall be filed
37-14 in the county where the child resides, unless:
37-15 (1) another court has continuing exclusive
37-16 jurisdiction under Chapter 155; or
37-17 (2) venue is fixed in a suit for dissolution of a
37-18 marriage under Chapter 3.
37-19 (b) A suit in which adoption is requested may be filed in
37-20 the county where the child resides or in the county where the
37-21 petitioners reside.
37-22 (c) A child resides in the county where the child's parents
37-23 reside or the child's parent resides, if only one parent is living,
37-24 except that:
37-25 (1) if a guardian of the person has been appointed by
37-26 order of a county or probate court and a managing conservator has
37-27 not been appointed, the child resides in the county where the
38-1 guardian of the person resides;
38-2 (2) if the parents of the child do not reside in the
38-3 same county and if a managing conservator, custodian, or guardian
38-4 of the person has not been appointed, the child resides in the
38-5 county where the parent having actual care, control, and possession
38-6 of the child resides;
38-7 (3) if the child is in the care and control of an
38-8 adult other than a parent and a managing conservator, custodian, or
38-9 guardian of the person has not been appointed, the child resides
38-10 where the adult having actual care, control, and possession of the
38-11 child resides;
38-12 (4) if the child is in the actual care, control, and
38-13 possession of an adult other than a parent and the whereabouts of
38-14 the parent and the guardian of the person is unknown, the child
38-15 resides where the adult having actual possession, care, and control
38-16 of the child resides;
38-17 (5) if the person whose residence would otherwise
38-18 determine venue has left the child in the care and control of the
38-19 adult, the child resides where that adult resides;
38-20 (6) if a guardian or custodian of the child has been
38-21 appointed by order of a court of another state or country, the
38-22 child resides in the county where the guardian or custodian resides
38-23 if that person resides in this state; or
38-24 (7) if it appears that the child is not under the
38-25 actual care, control, and possession of an adult, the child resides
38-26 where the child is found.
38-27 Sec. 103.002. TRANSFER OF ORIGINAL PROCEEDINGS WITHIN STATE.
39-1 (a) If venue of a suit is improper in the court in which an
39-2 original suit is filed and no other court has continuing, exclusive
39-3 jurisdiction of the suit, on the timely motion of a party other
39-4 than the petitioner, the court shall transfer the proceeding to the
39-5 county where venue is proper.
39-6 (b) On a showing that a suit for dissolution of the marriage
39-7 of the child's parents has been filed in another court, a court in
39-8 which a suit is pending shall transfer the proceedings to the court
39-9 where the dissolution of the marriage is pending.
39-10 (c) The procedures in Chapter 155 apply to a transfer of:
39-11 (1) an original suit under this section; or
39-12 (2) a suit for modification or a motion for
39-13 enforcement under this title.
39-14 Sec. 103.003. TRANSFER OF ORIGINAL SUIT WITHIN STATE WHEN
39-15 PARTY OR CHILD RESIDES OUTSIDE STATE. (a) A court of this state
39-16 in which an original suit is filed or in which a suit for child
39-17 support is filed under Chapter 159 shall transfer the suit to the
39-18 county of residence of the party who is a resident of this state if
39-19 all other parties and children affected by the proceedings reside
39-20 outside this state.
39-21 (b) If one or more of the parties affected by the suit
39-22 reside outside this state and if more than one party or one or more
39-23 children affected by the proceeding reside in this state in
39-24 different counties, the court shall transfer the suit according to
39-25 the following priorities:
39-26 (1) to the court of continuing, exclusive
39-27 jurisdiction, if any;
40-1 (2) to the county of residence of the child, if
40-2 applicable, provided that:
40-3 (A) there is no court of continuing, exclusive
40-4 jurisdiction; or
40-5 (B) the court of continuing, exclusive
40-6 jurisdiction finds that neither a party nor a child affected by the
40-7 proceeding resides in the county of the court of continuing
40-8 jurisdiction; or
40-9 (3) if Subdivisions (1) and (2) are inapplicable, to
40-10 the county most appropriate to serve the convenience of the
40-11 resident parties, the witnesses, and the interest of justice.
40-12 (c) If a transfer of an original suit or suit for child
40-13 support under Chapter 159 is sought under this section, Chapter 155
40-14 applies to the procedures for transfer of the suit.
40-15 CHAPTER 104. EVIDENCE
40-16 Sec. 104.001. RULES OF EVIDENCE. Except as otherwise
40-17 provided, the Texas Rules of Civil Evidence apply as in other civil
40-18 cases.
40-19 Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 12
40-20 years of age or younger is alleged in a suit under this title to
40-21 have been abused, the recording of an oral statement of the child
40-22 recorded prior to the proceeding is admissible into evidence if:
40-23 (1) no attorney for a party was present when the
40-24 statement was made;
40-25 (2) the recording is both visual and aural and is
40-26 recorded on film or videotape or by other electronic means;
40-27 (3) the recording equipment was capable of making an
41-1 accurate recording, the operator was competent, and the recording
41-2 is accurate and has not been altered;
41-3 (4) the statement was not made in response to
41-4 questioning calculated to lead the child to make a particular
41-5 statement;
41-6 (5) each voice on the recording is identified;
41-7 (6) the person conducting the interview of the child
41-8 in the recording is present at the proceeding and available to
41-9 testify or be cross-examined by either party; and
41-10 (7) each party is afforded an opportunity to view the
41-11 recording before it is offered into evidence.
41-12 Sec. 104.003. PRERECORDED VIDEOTAPED TESTIMONY OF CHILD.
41-13 (a) The court may, on the motion of a party to the proceeding,
41-14 order that the testimony of the child be taken outside the
41-15 courtroom and be recorded for showing in the courtroom before the
41-16 court, the finder of fact, and the parties to the proceeding.
41-17 (b) Only an attorney for each party, an attorney ad litem
41-18 for the child or other person whose presence would contribute to
41-19 the welfare and well-being of the child, and persons necessary to
41-20 operate the equipment may be present in the room with the child
41-21 during the child's testimony.
41-22 (c) Only the attorneys for the parties may question the
41-23 child.
41-24 (d) The persons operating the equipment shall be placed in a
41-25 manner that prevents the child from seeing or hearing them.
41-26 (e) The court shall ensure that:
41-27 (1) the recording is both visual and aural and is
42-1 recorded on film or videotape or by other electronic means;
42-2 (2) the recording equipment was capable of making an
42-3 accurate recording, the operator was competent, and the recording
42-4 is accurate and is not altered;
42-5 (3) each voice on the recording is identified; and
42-6 (4) each party to the proceeding is afforded an
42-7 opportunity to view the recording before it is shown in the
42-8 courtroom.
42-9 Sec. 104.004. REMOTE TELEVISED BROADCAST OF TESTIMONY OF
42-10 CHILD. (a) If in a suit a child 12 years of age or younger is
42-11 alleged to have been abused, the court may, on the motion of a
42-12 party to the proceeding, order that the testimony of the child be
42-13 taken in a room other than the courtroom and be televised by
42-14 closed-circuit equipment in the courtroom to be viewed by the court
42-15 and the parties.
42-16 (b) The procedures that apply to prerecorded videotaped
42-17 testimony of a child apply to the remote broadcast of testimony of
42-18 a child.
42-19 Sec. 104.005. SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
42-20 If the testimony of a child is taken as provided by this
42-21 subchapter, the child may not be compelled to testify in court
42-22 during the proceeding.
42-23 CHAPTER 105. SETTINGS, HEARINGS, AND ORDERS
42-24 Sec. 105.001. TEMPORARY ORDERS BEFORE FINAL ORDER. (a) In
42-25 a suit, the court may make a temporary order, including the
42-26 modification of a prior temporary order, for the safety and welfare
42-27 of the child, including an order:
43-1 (1) for the temporary conservatorship of the child;
43-2 (2) for the temporary support of the child;
43-3 (3) restraining a party from molesting or disturbing
43-4 the peace of the child or another party;
43-5 (4) prohibiting a person from removing the child
43-6 beyond a geographical area identified by the court; or
43-7 (5) for payment of reasonable attorney's fees and
43-8 expenses.
43-9 (b) Except as provided by Subsection (c), temporary
43-10 restraining orders and temporary injunctions under this section
43-11 shall be granted without the necessity of an affidavit or verified
43-12 pleading stating specific facts showing that immediate and
43-13 irreparable injury, loss, or damage will result before notice can
43-14 be served and a hearing can be held. An order may not be rendered
43-15 under Subsection (a)(1), (2), or (5) except after notice and a
43-16 hearing. A temporary restraining order granted under this section
43-17 need not:
43-18 (1) define the injury or state why it is irreparable;
43-19 or
43-20 (2) state why the order was granted without notice.
43-21 (c) Except on a verified pleading or an affidavit in
43-22 accordance with the Texas Rules of Civil Procedure, an order may
43-23 not be rendered:
43-24 (1) attaching the body of the child;
43-25 (2) taking the child into the possession of the court
43-26 or of a parent designated by the court; or
43-27 (3) excluding a parent from possession of or access to
44-1 a child.
44-2 (d) In a suit, the court may dispense with the necessity of:
44-3 (1) a bond in connection with temporary orders in
44-4 behalf of the child; and
44-5 (2) setting the cause for trial on the merits with
44-6 respect to the ultimate relief requested.
44-7 (e) Temporary orders rendered under this section are not
44-8 subject to interlocutory appeal.
44-9 (f) The violation of a temporary restraining order,
44-10 temporary injunction, or other temporary order rendered under this
44-11 section is punishable by contempt and the order is subject to and
44-12 enforceable under Chapter 157.
44-13 (g) The rebuttable presumptions established in favor of the
44-14 application of the guidelines for a child support order and for the
44-15 standard possession order under Chapters 153 and 154 apply to
44-16 temporary orders. The presumptions do not limit the authority of
44-17 the court to render other temporary orders.
44-18 Sec. 105.002. JURY. (a) Except in a suit in which adoption
44-19 is requested, a party may demand a jury trial.
44-20 (b) The court may not render an order that contravenes the
44-21 verdict of the jury, except with respect to the issues of the
44-22 specific terms and conditions of possession of and access to the
44-23 child, support of the child, and the rights, privileges, duties,
44-24 and powers of sole managing conservators, joint managing
44-25 conservators, or possessory conservators, on which the court may
44-26 submit or refuse to submit issues to the jury as the court
44-27 determines appropriate, and on which issues the jury verdict is
45-1 advisory only.
45-2 Sec. 105.003. PROCEDURE FOR CONTESTED HEARING. (a) Except
45-3 as otherwise provided by this title, proceedings shall be as in
45-4 civil cases generally.
45-5 (b) On the agreement of all parties to the suit, the court
45-6 may limit attendance at the hearing to only those persons who have
45-7 a direct interest in the suit or in the work of the court.
45-8 (c) A record shall be made as in civil cases generally
45-9 unless waived by the parties with the consent of the court.
45-10 (d) When information contained in a report, study, or
45-11 examination is before the court, the person making the report,
45-12 study, or examination is subject to both direct examination and
45-13 cross-examination as in civil cases generally.
45-14 (e) The hearing may be adjourned from time to time.
45-15 Sec. 105.004. PREFERENTIAL SETTING. After a hearing, the
45-16 court may:
45-17 (1) grant a motion filed by a party or the attorney or
45-18 guardian ad litem for the child for a preferential setting for a
45-19 trial on the merits; and
45-20 (2) give precedence to that hearing over other civil
45-21 cases if the court finds that the delay created by ordinary
45-22 scheduling practices will unreasonably affect the best interest of
45-23 the child.
45-24 Sec. 105.005. FINDINGS. Except as otherwise provided by
45-25 this title, the court's findings shall be based on a preponderance
45-26 of the evidence.
45-27 Sec. 105.006. CONTENTS OF FINAL ORDER. (a) A final order
46-1 must contain:
46-2 (1) the social security number and driver's license
46-3 number of each party to the suit, including the child, except that
46-4 the child's social security number or driver's license number is
46-5 not required if the child has not been assigned a social security
46-6 number or driver's license number; and
46-7 (2) each party's current residence address, mailing
46-8 address, home telephone number, name of employer, address of
46-9 employment, and work telephone number, except as provided by
46-10 Subsection (c).
46-11 (b) Except as provided by Subsection (c), in an order for
46-12 child support or possession of or access to a child the court shall
46-13 order each party to inform the clerk and all other parties of a
46-14 change in any of the information required by this section to be
46-15 included in the order:
46-16 (1) before the 11th day after the date of the change,
46-17 as long as any person, as a result of the order, is under an
46-18 obligation to pay child support or is entitled to possession of or
46-19 access to a child; and
46-20 (2) if the change in the information is an intended
46-21 change, on or before the 60th day before the date the party intends
46-22 to make the change, as long as any person, as a result of the
46-23 order, is under an obligation to pay child support or is entitled
46-24 to possession of or access to a child.
46-25 (c) If a court finds after notice and hearing that requiring
46-26 a party to provide the information required by this section is
46-27 likely to cause the child or a conservator harassment, abuse,
47-1 serious harm, or injury, the court may:
47-2 (1) order the information not to be disclosed to
47-3 another party; or
47-4 (2) render any other order the court considers
47-5 necessary.
47-6 (d) An order in a suit that orders child support or
47-7 possession of or access to a child must contain the following
47-8 notice in bold-faced type or in capital letters:
47-9 "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
47-10 POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
47-11 TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
47-12 CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
47-13 MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
47-14 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
47-15 "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
47-16 PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
47-17 PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
47-18 "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
47-19 DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
47-20 CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
47-21 CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT
47-22 TO THAT PARTY."
47-23 (e) Except as provided by Subsection (c), an order in a suit
47-24 that orders child support or possession of or access to a child
47-25 must also contain the following order in bold-faced type or in
47-26 capital letters:
47-27 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
48-1 NOTIFY THE CLERK OF THIS COURT WITHIN 10 DAYS AFTER THE DATE OF ANY
48-2 CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
48-3 HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF PLACE OF
48-4 EMPLOYMENT, AND WORK TELEPHONE NUMBER. THE DUTY TO FURNISH THIS
48-5 INFORMATION TO THE CLERK OF THE COURT CONTINUES AS LONG AS ANY
48-6 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
48-7 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
48-8 FAILURE TO OBEY THE ORDER OF THIS COURT TO PROVIDE THE CLERK WITH
48-9 THE CURRENT MAILING ADDRESS OF A PARTY MAY RESULT IN THE ISSUANCE
48-10 OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY CANNOT BE
48-11 PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS OF
48-12 RECORD."
48-13 (f) The clerk of the court shall maintain a file of any
48-14 information provided by a party under this section and shall,
48-15 unless otherwise ordered by the court, provide the information on
48-16 request, without charge, to a party, the Title IV-D agency, a
48-17 domestic relations office, a child support collection office, or
48-18 any other person designated to prosecute an action under Chapter
48-19 159 or to enforce an order providing for child support or
48-20 possession of or access to a child.
48-21 Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
48-22 CHANGE OF CONSERVATOR'S RESIDENCE. (a) A party who intends a
48-23 change of place of residence shall comply with the order by giving
48-24 written notice of the intended date of change, new telephone
48-25 number, and new street address of residence to the court having
48-26 jurisdiction of the suit in which the order was made and to every
48-27 other party who has possession of or access to the child.
49-1 (b) The notice must be given on or before the 60th day
49-2 before the conservator changes the conservator's place of
49-3 residence. If the conservator did not know or could not have known
49-4 of the change of residence or if the required information was not
49-5 available within the 60-day period, the conservator shall supply
49-6 the written notice of the change of residence or the related
49-7 information on or before the fifth day after the date that the
49-8 conservator knew or should have known of the change or of the
49-9 related information.
49-10 (c) The court may waive the notice required by this section
49-11 on motion by the moving conservator if it finds that the giving of
49-12 notice of a change of place of residence would be likely to expose
49-13 the child or the conservator to harassment, abuse, serious harm, or
49-14 injury.
49-15 (d) The notice may be given to a party by delivery of a copy
49-16 of the notice to the party either in person or by registered or
49-17 certified mail, return receipt requested, to the last known address
49-18 of the party.
49-19 (e) The notice may be given to the court by delivery of a
49-20 copy of the notice either in person to the clerk of the court or by
49-21 registered or certified mail addressed to the clerk of the court.
49-22 CHAPTER 106. COSTS AND ATTORNEY'S FEES
49-23 Sec. 106.001. COSTS. The court may award costs in the same
49-24 manner as in other civil cases in a suit or motion under this title
49-25 and in a habeas corpus proceeding.
49-26 Sec. 106.002. ATTORNEY'S FEES. (a) In a suit under this
49-27 subtitle, the court may order reasonable attorney's fees as costs
50-1 and order the fees to be paid directly to an attorney.
50-2 (b) An award of attorney's fees may be enforced in the
50-3 attorney's name by any means available for the enforcement of a
50-4 judgment for debt.
50-5 CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES
50-6 Sec. 107.001. GUARDIAN AD LITEM. (a) In a suit in which
50-7 termination of the parent-child relationship is requested, the
50-8 court or an associate judge shall appoint a guardian ad litem to
50-9 represent the interests of the child, unless:
50-10 (1) the child is a petitioner;
50-11 (2) an attorney ad litem has been appointed for the
50-12 child; or
50-13 (3) the court or an associate judge finds that the
50-14 interests of the child will be represented adequately by a party to
50-15 the suit and are not adverse to that party.
50-16 (b) In any other suit, the court or an associate judge may
50-17 appoint a guardian ad litem.
50-18 (c) The managing conservator may be appointed guardian ad
50-19 litem if the managing conservator is not a parent of the child or a
50-20 person petitioning for adoption of the child and has no personal
50-21 interest in the suit.
50-22 (d) A guardian ad litem shall be appointed to represent any
50-23 other person entitled to service of citation under this code if the
50-24 person is incompetent or a child, unless the person has executed an
50-25 affidavit of relinquishment of parental rights or an affidavit of
50-26 waiver of interest in child containing a waiver of service of
50-27 citation.
51-1 Sec. 107.002. ATTORNEY AD LITEM. (a) An associate judge
51-2 may recommend the appointment of an attorney ad litem for any party
51-3 in a case in which the associate judge deems representation
51-4 necessary to protect the interests of the child who is the subject
51-5 matter of the suit.
51-6 (b) The court may appoint an attorney ad litem for any party
51-7 in a case in which the court deems representation necessary to
51-8 protect the interests of the child who is the subject matter of the
51-9 suit.
51-10 (c) In a suit filed by a governmental entity requesting
51-11 termination of the parent-child relationship or to be named
51-12 conservator of a child, the court shall appoint an attorney ad
51-13 litem to represent the interests of the child as soon as
51-14 practicable to ensure adequate representation of the child's
51-15 interests.
51-16 (d) In a suit in which termination of the parent-child
51-17 relationship is requested, the court shall appoint an attorney ad
51-18 litem to represent the interests of each indigent parent of the
51-19 child who responds in opposition to the termination. If both
51-20 parents of the child are indigent and oppose termination and the
51-21 court finds that the interests of the parents are not in conflict,
51-22 the court may appoint a single attorney ad litem to represent the
51-23 interests of both parents.
51-24 Sec. 107.003. AD LITEM FEES. (a) An attorney appointed to
51-25 represent a child or parent as authorized by this subchapter is
51-26 entitled to a reasonable fee in the amount set by the court to be
51-27 paid by the parents of the child unless the parents are indigent.
52-1 (b) If the court or associate judge determines that the
52-2 parties or litigants are able to defray the costs of an ad litem's
52-3 compensation as determined by the reasonable and customary fees for
52-4 similar services in the county of jurisdiction, the costs may be
52-5 ordered paid by either or both parties, or the court or associate
52-6 judge may order either or both parties, prior to final hearing, to
52-7 pay the sums into the registry of the court or into an account
52-8 authorized by the court for the use and benefit of the ad litem on
52-9 order of the court. The sums may be taxed as costs to be assessed
52-10 against one or more of the parties.
52-11 (c) If indigency of the parents is shown, an attorney
52-12 appointed to represent a child or parent in a suit to terminate the
52-13 parent-child relationship shall be paid from the general funds of
52-14 the county according to the fee schedule that applies to an
52-15 attorney appointed to represent a child in a suit under Title 3 as
52-16 provided by Chapter 51.
52-17 Sec. 107.004. VOLUNTEER ADVOCATES. (a) In a suit filed by
52-18 a governmental entity, the court may appoint a person who has
52-19 received the court's approved training and who has been certified
52-20 by the court to appear at court hearings as a volunteer advocate on
52-21 behalf of the child.
52-22 (b) In addition, the court may appoint a group of
52-23 court-certified volunteers to serve as an administrative review
52-24 board to advise the court as to the conservatorship appointment and
52-25 the placement of the child by the department or authorized agency
52-26 in substitute care.
52-27 (c) A person is not liable for civil damages for a
53-1 recommendation made or opinion rendered while serving or having
53-2 served as a court-appointed volunteer or member of an
53-3 administrative review board under this section unless the act or
53-4 failure to act is wilfully wrongful or grossly negligent.
53-5 Sec. 107.005. SOCIAL STUDY. (a) The court may order the
53-6 preparation of a social study into the circumstances and condition
53-7 of the child and of the home of any person requesting managing
53-8 conservatorship or possession of the child.
53-9 (b) The social study may be made by a state agency,
53-10 including the department, or a person appointed by the court.
53-11 (c) The court may appoint an investigator to conduct the
53-12 social study required by this section who has the qualifications
53-13 established by the rules of the department providing minimum
53-14 qualifications for persons who may conduct social studies. If the
53-15 department or another governmental entity is appointed, the person
53-16 who conducts the investigation and makes the report must also have
53-17 those qualifications.
53-18 (d) A study made under this section shall comply with the
53-19 rules of the department establishing minimum standards, guidelines,
53-20 and procedures for social studies or the criteria established by
53-21 the court.
53-22 (e) The social study shall contain any history of physical,
53-23 sexual, or emotional abuse suffered by the child.
53-24 (f) In a suit in which adoption is requested or possession
53-25 of or access to the child is an issue and in which the department
53-26 is not a party or has no interest, the court shall appoint a
53-27 private agency or person to conduct the social study.
54-1 (g) In all adoptions a copy of the report shall be made
54-2 available to the prospective adoptive parents prior to a final
54-3 order of adoption.
54-4 (h) The agency or person making the social study shall file
54-5 with the court on a date set by the court a report containing its
54-6 findings and conclusions. The report shall be made a part of the
54-7 record of the suit.
54-8 (i) Disclosure to the jury of the contents of a report to
54-9 the court of a social study is subject to the rules of evidence.
54-10 (j) In a contested case, the agency or person making the
54-11 social study shall furnish copies of the report to the attorneys
54-12 for the parties before the earlier of:
54-13 (1) the seventh day after the date the social study is
54-14 completed; or
54-15 (2) the fifth day before the date of commencement of
54-16 the trial.
54-17 (k) The court may compel the attendance of witnesses
54-18 necessary for the proper disposition of the suit, including a
54-19 representative of the agency making the social study, who may be
54-20 compelled to testify.
54-21 (l) If the court orders the department to prepare a social
54-22 study, the court shall award the department a reasonable fee for
54-23 the preparation of the study that shall be taxed as costs and paid
54-24 directly to the department. The department may enforce the order
54-25 for the fee in the department's own name.
54-26 CHAPTER 108. CENTRAL RECORD FILE; VITAL STATISTICS
54-27 Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK. (a)
55-1 Except as provided by this chapter, the clerk of the court shall
55-2 transmit to the department a copy of the order rendered in a suit,
55-3 together with the name and all prior names, birth date, and place
55-4 of birth of the child.
55-5 (b) The department shall maintain these records in a central
55-6 file according to the name, birth date, and place of birth of the
55-7 child, the court that rendered the order, and the docket number of
55-8 the suit.
55-9 (c) All the records required under this section to be
55-10 maintained by the department are confidential and no person is
55-11 entitled to access to or information from these records except as
55-12 provided by this subtitle or on an order of the court that rendered
55-13 the order for good cause.
55-14 Sec. 108.002. DISSOLUTION OF MARRIAGE RECORDS MAINTAINED BY
55-15 CLERK. A clerk may not transmit to the central record file the
55-16 pleadings, papers, studies, and records relating to a suit for
55-17 divorce or annulment or to declare a marriage void.
55-18 Sec. 108.003. TRANSMITTAL OF FILES OF ADOPTION. On
55-19 rendition of an order of adoption, the clerk of the court shall not
55-20 later than the 10th day of the first month after the month in which
55-21 the adoption is rendered transmit to the central registry of the
55-22 department:
55-23 (1) a complete file in the case, including all
55-24 pleadings, papers, studies, and records in the suit other than the
55-25 minutes of the court, if the petitioner has requested that the
55-26 complete file be sent, or a certified copy of the petition and
55-27 order of adoption, excluding pleadings, papers, studies, and
56-1 records relating to a suit for divorce or annulment or to declare a
56-2 marriage void; and
56-3 (2) a report of adoption that includes:
56-4 (A) the name of the adopted child after adoption
56-5 as shown in the adoption order;
56-6 (B) the birth date of the adopted child;
56-7 (C) the docket number of the adoption suit;
56-8 (D) the identity of the court rendering the
56-9 adoption;
56-10 (E) the date of the adoption order;
56-11 (F) the name and address of each parent,
56-12 guardian, managing conservator, or other person whose consent to
56-13 adoption was required or waived under Chapter 23, or whose parental
56-14 rights were terminated in the adoption suit;
56-15 (G) the identity of the licensed child placing
56-16 agency, if any, through which the adopted child was placed for
56-17 adoption; and
56-18 (H) the identity, address, and telephone number
56-19 of the registry through which the adopted child may register as an
56-20 adoptee.
56-21 Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
56-22 On the loss of jurisdiction of a court under Chapter 155, the clerk
56-23 of the court shall transmit to the central registry of the
56-24 department:
56-25 (1) a complete file in the case, including all
56-26 pleadings, papers, studies, and records in the suit other than the
56-27 minutes of the court, if the petitioner has requested that a
57-1 complete file be sent; or
57-2 (2) a certified copy of the petition, excluding
57-3 pleadings, papers, studies, and records relating to a suit for
57-4 divorce or annulment or to declare a marriage void.
57-5 Sec. 108.005. ADOPTION RECORDS RECEIVED BY DEPARTMENT. (a)
57-6 When the department receives the complete file or petition and
57-7 order of adoption, it shall close the records concerning that
57-8 child. Except for statistical purposes, the department may not
57-9 disclose any information concerning the prior proceedings affecting
57-10 the child. Except as provided in Chapter 162, any subsequent
57-11 inquiry concerning the child who has been adopted shall be handled
57-12 as though the child had not been previously the subject of a suit
57-13 affecting the parent-child relationship.
57-14 (b) On the receipt of additional records concerning a child
57-15 who has been the subject of a suit affecting the parent-child
57-16 relationship in which the records have been closed, a new file
57-17 shall be made and maintained.
57-18 Sec. 108.006. FEES. (a) The department may charge a
57-19 reasonable fee to cover the cost of determining and sending
57-20 information concerning the identity of the court with continuing,
57-21 exclusive jurisdiction.
57-22 (b) On the filing of a suit requesting the adoption of a
57-23 child, the clerk of the court shall collect an additional fee of
57-24 $15.
57-25 (c) The clerk shall send the fees collected under Subsection
57-26 (b) to the department.
57-27 (d) The receipts from the fees charged under Subsection (a)
58-1 shall be deposited in a financial institution as determined by the
58-2 executive director of the department and withdrawn as necessary for
58-3 the sole purpose of operating and maintaining the central record
58-4 file.
58-5 (e) The funds received under Subsection (b) shall be
58-6 deposited in a special account in the general revenue fund. Funds
58-7 in the account may only be used for the operation of the central
58-8 record file. Sections 403.094 and 403.095, Government Code, do not
58-9 apply to the special account.
58-10 Sec. 108.007. MICROFILM. (a) The department may use
58-11 microfilm or other suitable means for maintaining the central
58-12 record file.
58-13 (b) A certified reproduction of a document maintained by the
58-14 department is admissible in evidence as the original document.
58-15 Sec. 108.008. FILING INFORMATION AFTER DETERMINATION OF
58-16 PATERNITY. (a) On a determination of paternity, the petitioner
58-17 shall provide the clerk of the court in which the order was
58-18 rendered the information necessary to prepare the declaration. The
58-19 clerk shall:
58-20 (1) prepare the declaration on a form provided by the
58-21 Bureau of Vital Statistics; and
58-22 (2) complete the declaration immediately after the
58-23 order becomes final.
58-24 (b) Not later than the 10th day of each month, the clerk of
58-25 the court shall forward to the state registrar a declaration for
58-26 each order that became final in that court during the preceding
58-27 month.
59-1 Sec. 108.009. BIRTH CERTIFICATE. (a) The state registrar
59-2 shall substitute a new birth certificate for the original based on
59-3 the order in accordance with laws or rules that permit the
59-4 correction or substitution of birth certificates for adopted
59-5 children or children presumed to be biological children by the
59-6 subsequent marriage of their parents.
59-7 (b) The new certificate may not show that the father and
59-8 child relationship was established after the child's birth but may
59-9 show the child's actual place and date of birth.
59-10 CHAPTER 109. APPEALS
59-11 Sec. 109.001. TEMPORARY ORDERS DURING PENDENCY OF APPEAL.
59-12 (a) Not later than the 30th day after the date an appeal is
59-13 perfected, on the motion of any party or on the court's own motion
59-14 and after notice and hearing, the court may make any order
59-15 necessary to preserve and protect the safety and welfare of the
59-16 child during the pendency of the appeal as the court may deem
59-17 necessary and equitable. In addition to other matters, an order
59-18 may:
59-19 (1) appoint temporary conservators for the child and
59-20 provide for possession of the child;
59-21 (2) require the temporary support of the child by a
59-22 party;
59-23 (3) restrain a party from molesting or disturbing the
59-24 peace of the child or another party;
59-25 (4) prohibit a person from removing the child beyond a
59-26 geographical area identified by the court;
59-27 (5) require payment of reasonable attorney's fees and
60-1 expenses; or
60-2 (6) suspend the operation of the order or judgment
60-3 that is being appealed.
60-4 (b) A court retains jurisdiction to enforce its orders
60-5 rendered under this section unless the appellate court, on a proper
60-6 showing, supersedes the court's order.
60-7 (c) A temporary order rendered under this section is not
60-8 subject to interlocutory appeal.
60-9 Sec. 109.002. APPEAL. (a) An appeal from a final order
60-10 rendered in a suit, when allowed under this section or under other
60-11 provisions of law, shall be as in civil cases generally. An appeal
60-12 in a suit in which termination of the parent-child relationship is
60-13 in issue shall be given precedence over other civil cases by the
60-14 appellate courts.
60-15 (b) An appeal may be taken by any party to a suit from a
60-16 final order rendered under this subtitle.
60-17 (c) An appeal from a final order, with or without a
60-18 supersedeas bond, does not suspend the order unless suspension is
60-19 ordered by the court rendering the order. The appellate court, on
60-20 a proper showing, may permit the order to be suspended.
60-21 (d) On the motion of the parties or on the court's own
60-22 motion, the appellate court in its opinion may identify the parties
60-23 by fictitious names or by their initials only.
60-24 Sec. 109.003. PAYMENT FOR STATEMENT OF FACTS. (a) If the
60-25 party requesting a statement of facts in an appeal of a suit has
60-26 filed an affidavit stating the party's inability to pay costs as
60-27 provided by Rule 40, Texas Rules of Appellate Procedure, and the
61-1 affidavit is approved by the trial court, the trial court shall
61-2 order the county in which the trial was held to pay the costs of
61-3 preparing the statement of facts.
61-4 (b) This section applies to a county with a population in
61-5 excess of two million.
61-6 CHAPTER 110. COURT FEES
61-7 Sec. 110.001. GENERAL RULE. Except as provided by this
61-8 chapter, fees in a matter covered by this title shall be as in
61-9 civil cases generally.
61-10 Sec. 110.002. FILING FEES AND DEPOSITS. (a) The clerk of
61-11 the court may collect a filing fee of $15 in a suit for filing:
61-12 (1) a suit for modification;
61-13 (2) a motion for enforcement;
61-14 (3) a notice of delinquency; or
61-15 (4) a motion to transfer.
61-16 (b) No other filing fee may be collected or required for an
61-17 action described in this section.
61-18 (c) The clerk may collect a deposit as in other cases, in
61-19 the amount set by the clerk for payment of expected costs and other
61-20 expenses arising in the proceeding.
61-21 Sec. 110.003. NO SEPARATE OR ADDITIONAL FILING FEE. The
61-22 clerk of the court may not require:
61-23 (1) a separate filing fee in a suit joined with a suit
61-24 for dissolution of marriage under Title 1; or
61-25 (2) an additional filing fee if more than one form of
61-26 relief is requested in a suit.
61-27 Sec. 110.004. FEE FOR ISSUING WITHHOLDING ORDER. The clerk
62-1 of the court may charge a reasonable fee, not to exceed $15, for
62-2 each order or writ of income withholding issued and delivered to an
62-3 employer by mail.
62-4 Sec. 110.005. TRANSFER FEE. (a) The fee for filing a
62-5 transferred case is $45 payable to the clerk of the court to which
62-6 the case is transferred. No portion of this fee may be sent to the
62-7 state.
62-8 (b) A party may not be assessed any other fee, cost, charge,
62-9 or expense by the clerk of the court or other public official in
62-10 connection with filing of the transferred case.
62-11 (c) The fee limitation in this section does not affect a fee
62-12 payable to the court transferring the case.
62-13 CHAPTER 111. GUIDELINES FOR POSSESSION AND CHILD SUPPORT
62-14 Sec. 111.001. APPOINTMENT OF ADVISORY COMMITTEE. (a) The
62-15 supreme court shall appoint an advisory committee consisting of not
62-16 fewer than 25 persons, composed of legislators, judges, lawyers,
62-17 and laypersons, to assist the legislature in making a periodic
62-18 review of and suggested revisions, if any, to the guidelines in
62-19 this title:
62-20 (1) for the possession of a child by a parent under
62-21 Chapter 153; and
62-22 (2) for the support of a child under Chapter 154.
62-23 (b) Not fewer than five members of this committee must be or
62-24 have been:
62-25 (1) managing conservators;
62-26 (2) possessory conservators;
62-27 (3) ordered to pay child support; or
63-1 (4) entitled to receive child support.
63-2 (c) The guidelines shall be reviewed at least once every
63-3 four years.
63-4 Sec. 111.002. GUIDELINES SUPERSEDE COURT RULES. (a) The
63-5 guidelines in this title supersede local court rules and rules of
63-6 the supreme court that conflict with the guidelines.
63-7 (b) Notwithstanding other law, the guidelines may not be
63-8 repealed or modified by a rule adopted by the supreme court.
63-9 Sec. 111.003. POSTING GUIDELINES. A copy of the guidelines
63-10 for possession of and access to a child under Chapter 153 and a
63-11 copy of the guidelines for the support of a child under Chapter 154
63-12 shall be prominently displayed at or near the entrance to the
63-13 courtroom of every court having jurisdiction of a suit.
63-14 (Chapters 112-150 reserved for expansion)
63-15 SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
63-16 CHAPTER 151. THE PARENT-CHILD RELATIONSHIP
63-17 SUBCHAPTER A. GENERAL PROVISIONS
63-18 Sec. 151.001. Relation of Child to Mother and Father. (a)
63-19 The parent-child relationship may be established between a child
63-20 and:
63-21 (1) the biological mother by proof of her having given
63-22 birth to the child;
63-23 (2) the biological father as provided by this code;
63-24 and
63-25 (3) an adoptive parent by proof of adoption.
63-26 (b) The parent-child relationship extends equally to every
63-27 child and parent regardless of the marital status of the parents.
64-1 Sec. 151.002. Presumption of Paternity. (a) A man is
64-2 presumed to be the biological father of a child if:
64-3 (1) he and the child's biological mother are or have
64-4 been married to each other and the child is born during the
64-5 marriage or not more than 300 days after the date the marriage
64-6 terminated by death, annulment, or divorce or by having been
64-7 declared void;
64-8 (2) before the child's birth, he and the child's
64-9 biological mother attempted to marry each other by a marriage in
64-10 apparent compliance with law, although the attempted marriage is or
64-11 could be declared void, and the child is born during the attempted
64-12 marriage or not more than 300 days after the date the attempted
64-13 marriage terminated by death, annulment, or divorce or by having
64-14 been declared void;
64-15 (3) after the child's birth, he and the child's
64-16 biological mother have married or attempted to marry each other by
64-17 a marriage in apparent compliance with law, although the attempted
64-18 marriage is or could be declared void or voided by annulment, and:
64-19 (A) he has filed a written acknowledgment of his
64-20 paternity of the child under Chapter 160;
64-21 (B) he consents in writing to be named and is
64-22 named as the child's father on the child's birth certificate; or
64-23 (C) he is obligated to support the child under a
64-24 written voluntary promise or by court order;
64-25 (4) without attempting to marry the mother, he
64-26 consents in writing to be named as the child's father on the
64-27 child's birth certificate; or
65-1 (5) before the child reaches the age of majority, he
65-2 receives the child into his home and openly holds out the child as
65-3 his biological child.
65-4 (b) A presumption under this section may be rebutted only by
65-5 clear and convincing evidence. If two or more presumptions arise
65-6 that conflict, the presumption that is founded on the weightier
65-7 considerations of policy and logic controls. The presumption is
65-8 rebutted by a court order establishing paternity of the child by
65-9 another man.
65-10 Sec. 151.003. Rights and Duties of Parent. (a) A parent of
65-11 a child has the following rights and duties:
65-12 (1) the right to have physical possession, to direct
65-13 the moral and religious training, and to establish the residence of
65-14 the child;
65-15 (2) the duty of care, control, protection, and
65-16 reasonable discipline of the child;
65-17 (3) the duty to support the child, including providing
65-18 the child with clothing, food, shelter, medical and dental care,
65-19 and education;
65-20 (4) the duty, except when a guardian of the child's
65-21 estate has been appointed, to manage the estate of the child,
65-22 including a power as an agent of the child to act in relation to
65-23 the child's estate if the child's action is required by a state,
65-24 the United States, or a foreign government;
65-25 (5) the right to the services and earnings of the
65-26 child;
65-27 (6) the right to consent to marriage, enlistment in
66-1 the armed forces of the United States, medical and dental care, and
66-2 psychiatric, psychological, and surgical treatment;
66-3 (7) the right to represent the child in legal action
66-4 and to make other decisions of substantial legal significance
66-5 concerning the child;
66-6 (8) the right to receive and give receipt for payments
66-7 for the support of the child and to hold or disburse funds for the
66-8 benefit of the child;
66-9 (9) the right to inherit from and through the child;
66-10 and
66-11 (10) any other right or duty existing between a parent
66-12 and child by virtue of law.
66-13 (b) The duty of a parent to support his or her child exists
66-14 while the child is an unemancipated minor and continues as long as
66-15 the child is fully enrolled in an accredited secondary school in a
66-16 program leading toward a high school diploma until the end of the
66-17 school year in which the child graduates.
66-18 (c) A parent who fails to discharge the duty of support is
66-19 liable to a person who provides necessaries to those to whom
66-20 support is owed.
66-21 (d) The rights and duties of a parent are subject to:
66-22 (1) a court order affecting the rights and duties;
66-23 (2) an affidavit of relinquishment of parental rights;
66-24 and
66-25 (3) an affidavit by the parent designating another
66-26 person or agency to act as managing conservator.
66-27 Sec. 151.004. Rights of a Living Child After an Abortion or
67-1 Premature Birth. (a) A living human child born alive after an
67-2 abortion or premature birth is entitled to the same rights, powers,
67-3 and privileges as are granted by the laws of this state to any
67-4 other child born alive after the normal gestation period.
67-5 (b) In this code, "born alive" means the complete expulsion
67-6 or extraction from its mother of a product of conception,
67-7 irrespective of the duration of pregnancy, which, after such
67-8 separation, breathes or shows any other evidence of life such as
67-9 beating of the heart, pulsation of the umbilical cord, or definite
67-10 movement of voluntary muscles, whether or not the umbilical cord
67-11 has been cut or the placenta is attached. Each product of the
67-12 birth is considered born alive.
67-13 (Sections 151.005-151.100 reserved for expansion)
67-14 SUBCHAPTER B. ASSISTED CONCEPTION
67-15 Sec. 151.101. Artificial Insemination. (a) If a husband
67-16 consents to the artificial insemination of his wife, any resulting
67-17 child is the child of both of them. The consent must be in writing
67-18 and must be acknowledged.
67-19 (b) If a woman is artificially inseminated, the resulting
67-20 child is not the child of the donor unless he is the husband.
67-21 Sec. 151.102. OOCYTE DONATION. (a) If a husband consents
67-22 to provide sperm to fertilize a donor oocyte by in vitro
67-23 fertilization or other assisted reproductive techniques and the
67-24 wife consents to have a donor oocyte that has been fertilized with
67-25 her husband's sperm, pursuant to his consent, placed in her uterus,
67-26 a resulting child is the child of both of them. The consent of
67-27 each must be in writing.
68-1 (b) If a donor oocyte that has been fertilized with her
68-2 husband's sperm implants in a wife's uterus, a resulting child is
68-3 not the child of the donor of the oocyte.
68-4 Sec. 151.103. EMBRYO DONATION. (a) If, with the consent of
68-5 the husband and the wife, a donated preimplantation embryo implants
68-6 in the uterus of the wife, a resulting child is the child of both
68-7 of them. The consent must be in writing.
68-8 (b) If, with the consent of the husband and the wife, a
68-9 donated preimplantation embryo implants in the uterus of the wife,
68-10 a resulting child is not the child of the donor or donors of the
68-11 preimplantation embryo.
68-12 (c) Subsections (a) and (b) apply whether the donated
68-13 preimplantation embryo is the result of separate egg and sperm
68-14 donations or the result of donation of an embryo created for the
68-15 purpose of assisting the reproduction of the donating couple.
68-16 CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION ACT
68-17 Sec. 152.001. PURPOSES; CONSTRUCTION OF PROVISIONS. (a)
68-18 The general purposes of this chapter are to:
68-19 (1) avoid jurisdictional competition and conflict with
68-20 courts of other states in matters of child custody that have in the
68-21 past resulted in the shifting of children from state to state with
68-22 harmful effects on their well-being;
68-23 (2) promote cooperation with the courts of other
68-24 states to the end that a custody decree is rendered in the state
68-25 that can best decide the case in the interest of the child;
68-26 (3) ensure that litigation concerning the custody of a
68-27 child takes place ordinarily in the state with which the child and
69-1 the child's family have the closest connection and where
69-2 significant evidence concerning the child's care, protection,
69-3 training, and personal relationships is most readily available, and
69-4 that courts of this state decline the exercise of jurisdiction when
69-5 the child and the child's family have a closer connection with
69-6 another state;
69-7 (4) discourage continuing controversies over child
69-8 custody in the interest of greater stability of home environment
69-9 and of secure family relationships for the child;
69-10 (5) deter abductions and other unilateral removals of
69-11 children undertaken to obtain custody awards;
69-12 (6) avoid relitigation of custody decisions of other
69-13 states in this state insofar as is feasible;
69-14 (7) facilitate the enforcement of custody decrees of
69-15 other states;
69-16 (8) promote and expand the exchange of information and
69-17 other forms of mutual assistance between the courts of this state
69-18 and those of other states concerned with the same child; and
69-19 (9) make uniform the law of those states that enact
69-20 it.
69-21 (b) This chapter shall be construed to promote the general
69-22 purposes stated in this section.
69-23 Sec. 152.002. Definitions. In this chapter:
69-24 (1) "Contestant" means a person, including a parent,
69-25 who claims a right to custody or visitation rights with respect to
69-26 a child.
69-27 (2) "Custody" means managing conservatorship of a
70-1 child.
70-2 (3) "Custody determination" means a court decision and
70-3 court orders and instructions providing for the custody of a child,
70-4 including visitation rights, but does not include a decision
70-5 relating to child support or any other monetary obligation of any
70-6 person.
70-7 (4) "Custody proceeding" includes a proceeding in
70-8 which a custody determination is one of several issues, such as an
70-9 action for divorce or separation, and includes child neglect and
70-10 dependency proceedings.
70-11 (5) "Decree" or "custody decree" means a custody
70-12 determination contained in a judicial decree or order made in a
70-13 custody proceeding and includes an initial decree and a
70-14 modification decree.
70-15 (6) "Home state" means the state in which the child,
70-16 preceding the time involved, lived with the child's parents, a
70-17 parent, or a person acting as parent for at least six consecutive
70-18 months and, in the case of a child less than six months old, the
70-19 state in which the child lived from birth with any of the persons
70-20 mentioned. Periods of temporary absence of any of the named
70-21 persons are counted as part of the six-month or other period.
70-22 (7) "Initial decree" means the first custody decree
70-23 concerning a particular child.
70-24 (8) "Modification decree" means a custody decree that
70-25 modifies or replaces a prior decree, whether made by the court that
70-26 rendered the prior decree or by another court.
70-27 (9) "Physical custody" means actual possession and
71-1 control of a child.
71-2 (10) "Person acting as parent" means a person, other
71-3 than a parent, who has physical custody of a child and who either
71-4 has been awarded custody by a court or claims a right to custody.
71-5 (11) "Visitation" means possession of or access to a
71-6 child.
71-7 Sec. 152.003. Jurisdiction. (a) A court of this state that
71-8 is competent to decide child custody matters has jurisdiction to
71-9 make a child custody determination by initial decree or
71-10 modification decree or order if:
71-11 (1) this state:
71-12 (A) is the home state of the child on the date
71-13 of the commencement of the proceeding; or
71-14 (B) had been the child's home state within six
71-15 months before the date of the commencement of the proceeding and
71-16 the child is absent from this state because of the child's removal
71-17 or retention by a person claiming the child's custody or for other
71-18 reasons, and a parent or person acting as parent continues to live
71-19 in this state;
71-20 (2) it appears that no other state would have
71-21 jurisdiction under Subdivision (1) and it is in the best interest
71-22 of the child that a court of this state assume jurisdiction
71-23 because:
71-24 (A) the child and the child's parents or the
71-25 child and at least one contestant have a significant connection
71-26 with this state other than mere physical presence in this state;
71-27 and
72-1 (B) there is available in this state substantial
72-2 evidence concerning the child's present or future care, protection,
72-3 training, and personal relationships;
72-4 (3) the child is physically present in this state and:
72-5 (A) the child has been abandoned; or
72-6 (B) it is necessary in an emergency to protect
72-7 the child because the child has been subjected to or threatened
72-8 with mistreatment or abuse or is otherwise neglected or there is a
72-9 serious and immediate question concerning the welfare of the child;
72-10 or
72-11 (4) it is in the best interest of the child that the
72-12 court assume jurisdiction and:
72-13 (A) it appears that no other state would have
72-14 jurisdiction under prerequisites substantially in accordance with
72-15 Subdivision (1), (2), or (3); or
72-16 (B) another state has declined to exercise
72-17 jurisdiction on the ground that this state is the more appropriate
72-18 forum to determine the custody of the child.
72-19 (b) Except under Subsections (a)(3) and (4), physical
72-20 presence in this state of the child or of the child and one of the
72-21 contestants is not alone sufficient to confer jurisdiction on a
72-22 court of this state to make a child custody determination.
72-23 (c) Physical presence of the child, while desirable, is not
72-24 a prerequisite for jurisdiction to determine the child's custody.
72-25 (d) Except on written agreement of all the parties, a court
72-26 may not exercise its continuing jurisdiction to modify custody if
72-27 the child and the party with custody have established another home
73-1 state unless the action to modify was filed before the new home
73-2 state was acquired.
73-3 Sec. 152.004. Notice and Opportunity to be Heard. Before
73-4 making a custody decree based on jurisdiction established under
73-5 this chapter, reasonable notice and opportunity to be heard must be
73-6 given to the contestants, to any parent whose parental rights have
73-7 not been previously terminated, and to any person who has physical
73-8 custody of the child. If any of these persons is outside this
73-9 state, notice and opportunity to be heard must be given as provided
73-10 under Section 152.005.
73-11 Sec. 152.005. Notice to Persons Outside This State;
73-12 Submission to Jurisdiction. (a) Notice required for the exercise
73-13 of jurisdiction over a person outside this state must be given in a
73-14 manner reasonably calculated to give actual notice and may be
73-15 given:
73-16 (1) by personal delivery outside this state in the
73-17 manner prescribed for service of process within this state;
73-18 (2) in the manner prescribed by the law of the place
73-19 in which the service is made for service of process in that place
73-20 in an action in any of its courts of general jurisdiction;
73-21 (3) by any form of mail addressed to the person to be
73-22 served and requesting a receipt, subject to the requirements of the
73-23 Texas Rules of Civil Procedure; or
73-24 (4) as directed by the court, including publication,
73-25 if other means of notification are ineffective, subject to the
73-26 requirements of the Texas Rules of Civil Procedure.
73-27 (b) Notice under this section must be delivered, mailed, or
74-1 published with sufficient time to allow for filing of an answer
74-2 before any hearing in this state, in accordance with the Texas
74-3 Rules of Civil Procedure applicable to the filing of an original
74-4 lawsuit. Each party whose rights, privileges, duties, or powers
74-5 may be affected by the action is entitled to receive notice by
74-6 citation and shall be commanded to appear by filing a written
74-7 answer. Thereafter, the proceedings shall be as in civil cases
74-8 generally.
74-9 (c) Proof of service outside this state may be made by the
74-10 affidavit of the individual who made the service or in the manner
74-11 prescribed by the law of this state, by the order under which the
74-12 service is made, or by the law of the place in which the service is
74-13 made. If service is made by mail, proof may be a receipt signed by
74-14 the addressee or other evidence of delivery to the addressee.
74-15 (d) Notice is not required if a person submits to the
74-16 jurisdiction of the court.
74-17 Sec. 152.006. Simultaneous Proceedings in Other State. (a)
74-18 A court of this state may not exercise its jurisdiction under this
74-19 chapter if, at the time of filing the petition, a proceeding
74-20 concerning the custody of the child was pending in a court of
74-21 another state exercising jurisdiction substantially in conformity
74-22 with this chapter, unless the proceeding is stayed by the court of
74-23 the other state because this state is a more appropriate forum or
74-24 for other reasons.
74-25 (b) Before hearing the petition in a custody proceeding, the
74-26 court shall examine the pleadings and other information supplied by
74-27 the parties under Section 152.009 and shall consult the child
75-1 custody registry established under Section 152.016 concerning the
75-2 pendency of proceedings with respect to the child in other states.
75-3 If the court has reason to believe that proceedings may be pending
75-4 in another state, it shall direct an inquiry to the state court
75-5 administrator or other appropriate official of the other state.
75-6 (c) If the court is informed during the course of the
75-7 proceeding that a proceeding concerning the custody of the child
75-8 was pending in another state before the court assumed jurisdiction,
75-9 it shall stay the proceeding and communicate with the court in
75-10 which the other proceeding is pending to the end that the issue may
75-11 be litigated in the more appropriate forum and that information may
75-12 be exchanged in accordance with Sections 152.019-152.022. If a
75-13 court of this state has made a custody decree before being informed
75-14 of a pending proceeding in a court of another state, it shall
75-15 immediately inform that court of the fact. If the court is
75-16 informed that a proceeding was commenced in another state after it
75-17 assumed jurisdiction, it shall likewise inform the other court to
75-18 the end that the issues may be litigated in the more appropriate
75-19 forum.
75-20 Sec. 152.007. Inconvenient Forum. (a) A court that has
75-21 jurisdiction under this chapter to make an initial or modification
75-22 decree may decline to exercise its jurisdiction any time before
75-23 making a decree if it finds that it is an inconvenient forum to
75-24 make a custody determination under the circumstances of the case
75-25 and that a court of another state is a more appropriate forum.
75-26 (b) A finding of inconvenient forum may be made on the
75-27 court's own motion or on the motion of a party or a guardian ad
76-1 litem or other representative of the child.
76-2 (c) In determining whether it is an inconvenient forum, the
76-3 court shall consider whether it is in the best interest of the
76-4 child that another state assume jurisdiction. For this purpose,
76-5 the court may take into account the following factors, among
76-6 others:
76-7 (1) whether another state is or recently was the
76-8 child's home state;
76-9 (2) whether another state has a closer connection with
76-10 the child and the child's family or with the child and one or more
76-11 of the contestants;
76-12 (3) whether substantial evidence concerning the
76-13 child's present or future care, protection, training, and personal
76-14 relationships is more readily available in another state;
76-15 (4) whether the parties have agreed on another forum
76-16 that is no less appropriate; and
76-17 (5) whether the exercise of jurisdiction by a court of
76-18 this state would contravene any of the purposes stated in Section
76-19 152.001.
76-20 (d) Before determining whether to decline or retain
76-21 jurisdiction, the court may communicate with a court of another
76-22 state and exchange information pertinent to the assumption of
76-23 jurisdiction by either court with a view to ensuring that
76-24 jurisdiction will be exercised by the more appropriate court and
76-25 that a forum will be available to the parties.
76-26 (e) If the court finds that it is an inconvenient forum and
76-27 that a court of another state is a more appropriate forum, it may
77-1 dismiss the proceedings, or it may stay the proceedings on
77-2 condition that a custody proceeding be promptly commenced in
77-3 another named state or on any other condition that may be just and
77-4 proper, including the condition that a moving party stipulate the
77-5 party's consent and submission to the jurisdiction of the other
77-6 forum.
77-7 (f) The court may decline to exercise its jurisdiction under
77-8 this chapter if a custody determination is incidental to an action
77-9 for divorce or another proceeding while retaining jurisdiction over
77-10 the divorce or other proceeding.
77-11 (g) If it appears to the court that it is clearly an
77-12 inappropriate forum, the court may require the party who commenced
77-13 the proceedings to pay, in addition to the costs of the proceedings
77-14 in this state, necessary travel and other expenses, including
77-15 attorney's fees, incurred by other parties or their witnesses.
77-16 Payment is to be made to the clerk of the court for remittance to
77-17 the proper party.
77-18 (h) On dismissal or stay of proceedings under this section,
77-19 the court shall inform the court found to be the more appropriate
77-20 forum of this fact or, if the court that would have jurisdiction in
77-21 the other state is not certainly known, shall transmit the
77-22 information to the court administrator or other appropriate
77-23 official for forwarding to the appropriate court.
77-24 (i) Any communication received from another state informing
77-25 this state of a finding of inconvenient forum because a court of
77-26 this state is the more appropriate forum shall be filed in the
77-27 custody registry of the appropriate court. On assuming
78-1 jurisdiction, the court of this state shall inform the original
78-2 court of this fact.
78-3 Sec. 152.008. Jurisdiction Declined by Reason of Conduct.
78-4 (a) If the petitioner for an initial decree has wrongfully taken
78-5 the child from another state or has engaged in similar
78-6 reprehensible conduct, the court may decline to exercise
78-7 jurisdiction if just and proper under the circumstances.
78-8 (b) Unless required in the interest of the child, the court
78-9 may not exercise its jurisdiction to modify a custody decree of
78-10 another state if the petitioner, without consent of the person
78-11 entitled to custody, has improperly removed the child from the
78-12 physical custody of the person entitled to custody or has
78-13 improperly retained the child after a visit or other temporary
78-14 relinquishment of physical custody. If the petitioner has violated
78-15 any other provision of a custody decree of another state, the court
78-16 may decline to exercise its jurisdiction if just and proper under
78-17 the circumstances.
78-18 (c) In an appropriate case, a court dismissing a petition
78-19 under this section may charge the petitioner with necessary travel
78-20 and other expenses, including attorney's fees, incurred by other
78-21 parties or their witnesses.
78-22 Sec. 152.009. Information Under Oath to be Submitted to the
78-23 Court. (a) Unless all the contestants are residing in this state,
78-24 every party in a custody proceeding in the party's first pleading
78-25 or in an affidavit attached to that pleading shall give information
78-26 under oath as to the child's present address, the places where the
78-27 child has lived within the last five years, and the names and
79-1 present addresses of the persons with whom the child has lived
79-2 during that period. In this pleading or affidavit every party
79-3 shall further declare under oath whether the party:
79-4 (1) has participated (as a party, as a witness, or in
79-5 any other capacity) in any other litigation concerning the custody
79-6 of the same child in this or any other state;
79-7 (2) has information of any proceeding concerning the
79-8 child pending in a court of this or any other state; and
79-9 (3) knows of any person not a party to the proceedings
79-10 who has physical custody of the child or claims to have custody or
79-11 visitation rights with respect to the child.
79-12 (b) If the declaration as to any of the items in Subsection
79-13 (a) is in the affirmative, the declarant shall give additional
79-14 information under oath as required by the court. The court may
79-15 examine the parties under oath as to details of the information
79-16 furnished and as to other matters pertinent to the court's
79-17 jurisdiction and the disposition of the case.
79-18 (c) Each party has a continuing duty to inform the court of
79-19 any custody proceeding concerning the child in this or any other
79-20 state of which the party obtained information during the
79-21 proceeding.
79-22 Sec. 152.010. Additional Parties. (a) If the court learns
79-23 from information furnished by the parties under Section 152.009 or
79-24 from other sources that a person not a party to the custody
79-25 proceeding has physical custody of the child or claims to have
79-26 custody or visitation rights with respect to the child, it shall
79-27 order that the person:
80-1 (1) be joined as a party; and
80-2 (2) be notified of the pendency of the proceeding and
80-3 of the person's joinder as a party.
80-4 (b) If the person joined as a party is outside this state,
80-5 the person must be served with process or otherwise notified in
80-6 accordance with Section 152.005.
80-7 Sec. 152.011. Appearance of Parties and Child. (a) The
80-8 court may order any party to the proceeding who is in this state to
80-9 appear personally before the court. If that party has physical
80-10 custody of the child, the court may order that the party appear
80-11 personally with the child.
80-12 (b) If a party to the proceeding whose presence is desired
80-13 by the court is outside this state, with or without the child, the
80-14 court may order that the notice given under Section 152.005 include
80-15 a statement directing that party to appear personally, with or
80-16 without the child, and declaring that failure to appear may result
80-17 in a decision adverse to that party.
80-18 (c) If a party to the proceeding who is outside this state
80-19 is directed to appear under Subsection (b) or desires to appear
80-20 personally before the court, with or without the child, the court
80-21 may require another party to pay to the clerk of the court travel
80-22 and other necessary expenses of the party appearing and of the
80-23 child if just and proper under the circumstances.
80-24 Sec. 152.012. Binding Force and Res Judicata Effect of
80-25 Custody Decree. A custody decree of a court of this state that has
80-26 jurisdiction under Section 152.003 binds all parties who have been
80-27 served in this state or notified in accordance with Section 152.005
81-1 or who have submitted to the jurisdiction of the court and who have
81-2 been given an opportunity to be heard. As to these parties, the
81-3 custody decree is conclusive as to all issues of law and fact
81-4 decided and as to the custody determination made, unless and until
81-5 that determination is modified.
81-6 Sec. 152.013. Recognition of Out-of-State Custody Decrees.
81-7 The courts of this state shall recognize and enforce an initial or
81-8 modification decree of a court of another state that had assumed
81-9 jurisdiction under statutory provisions substantially in accordance
81-10 with this chapter or that was made under factual circumstances
81-11 meeting the jurisdictional standards of this chapter, so long as
81-12 the decree has not been modified in accordance with jurisdictional
81-13 standards substantially similar to those of this chapter.
81-14 Sec. 152.014. Modification of Custody Decree of Another
81-15 State. (a) If a court of another state has made a custody decree,
81-16 a court of this state may not modify the decree unless:
81-17 (1) it appears to the court of this state that the
81-18 court that rendered the decree does not have jurisdiction under
81-19 jurisdictional prerequisites substantially in accordance with this
81-20 chapter or has declined to assume jurisdiction to modify the
81-21 decree; and
81-22 (2) the court of this state has jurisdiction.
81-23 (b) If a court of this state is authorized under Subsection
81-24 (a) and Section 152.008 to modify a custody decree of another
81-25 state, it shall give due consideration to the transcript of the
81-26 record and other documents of all previous proceedings submitted to
81-27 it in accordance with Section 152.022.
82-1 Sec. 152.015. Filing and Enforcement of Custody Decree of
82-2 Another State. (a) On payment of proper fees, a certified copy of
82-3 a custody decree of another state may be filed in the office of the
82-4 clerk of any district court or other appropriate court of this
82-5 state. The clerk shall treat the decree in the same manner as a
82-6 custody decree of a district court or other appropriate court of
82-7 this state. A custody decree filed under this section has the same
82-8 effect and shall be enforced in the same manner as a custody decree
82-9 rendered by a court of this state.
82-10 (b) A person whose violation of a custody decree of another
82-11 state makes it necessary to enforce the decree in this state may be
82-12 required to pay necessary travel and other expenses, including
82-13 attorney's fees, incurred by the party entitled to the custody or
82-14 the party's witnesses.
82-15 Sec. 152.016. Registry of Out-of-State Custody Decrees and
82-16 Proceedings. The clerk of each district court or other appropriate
82-17 court shall maintain a registry in which the clerk shall enter:
82-18 (1) certified copies of custody decrees of other
82-19 states received for filing;
82-20 (2) communications as to the pendency of custody
82-21 proceedings in other states;
82-22 (3) communications concerning a finding of
82-23 inconvenient forum by a court of another state; and
82-24 (4) other communications or documents concerning
82-25 custody proceedings in another state that may affect the
82-26 jurisdiction of a court of this state or the disposition to be made
82-27 by it in a custody proceeding.
83-1 Sec. 152.017. Certified Copies of Custody Decree. The clerk
83-2 of the district court or other appropriate court of this state, at
83-3 the request of the court of another state or at the request of a
83-4 person who is affected by or has a legitimate interest in a custody
83-5 decree, shall, on payment of proper fees, certify and forward a
83-6 copy of the decree to that court or person.
83-7 Sec. 152.018. Taking Testimony in Another State. In
83-8 addition to other procedural devices available to a party, a party
83-9 to the proceeding or a guardian ad litem or other representative of
83-10 the child may adduce testimony of witnesses, including parties and
83-11 the child, by deposition or otherwise, in another state. The court
83-12 on its own motion may direct that the testimony of a person be
83-13 taken in another state and may prescribe the manner in which and
83-14 the terms on which the testimony shall be taken.
83-15 Sec. 152.019. Hearings and Studies in Another State; Orders
83-16 to Appear. (a) A court of this state may request the appropriate
83-17 court of another state to hold a hearing to adduce evidence, to
83-18 order a party to produce or give evidence under other procedures of
83-19 that state, to have social studies made with respect to the custody
83-20 of a child involved in proceedings pending in the court of this
83-21 state, and to forward to the court of this state certified copies
83-22 of the transcript of the record of the hearing, the evidence
83-23 otherwise adduced, or any social studies prepared in compliance
83-24 with the request. The cost of the services may be assessed against
83-25 the parties or, if necessary, ordered paid by the state as costs of
83-26 court.
83-27 (b) A court of this state may request the appropriate court
84-1 of another state to order a party to custody proceedings pending in
84-2 the court of this state to appear in the proceedings and, if that
84-3 party has physical custody of the child, to appear with the child.
84-4 The request may state that travel and other necessary expenses of
84-5 the party and of the child whose appearance is desired will be
84-6 assessed against another party or will otherwise be paid.
84-7 Sec. 152.020. Assistance to Courts of Other States. (a) On
84-8 request of the court of another state, the courts of this state
84-9 that are competent to hear custody matters may order a person in
84-10 this state to appear at a hearing to adduce evidence or to produce
84-11 or give evidence under other procedures available in this state or
84-12 may order social studies to be made for use in a custody proceeding
84-13 in another state. A certified copy of the transcript of the record
84-14 of the hearing or the evidence otherwise adduced and any social
84-15 studies prepared shall be forwarded by the clerk of the court to
84-16 the requesting court.
84-17 (b) A person in this state may voluntarily give the person's
84-18 testimony or statement in this state for use in a custody
84-19 proceeding outside this state.
84-20 (c) On request of the court of another state, a competent
84-21 court of this state may order a person in this state to appear
84-22 alone or with the child in a custody proceeding in another state.
84-23 The court may condition compliance with the request on assurance by
84-24 the other state that state travel and other necessary expenses will
84-25 be advanced or reimbursed.
84-26 Sec. 152.021. Preservation of Documents for Use in Other
84-27 States. In a custody proceeding in this state, the court shall
85-1 preserve the pleadings, orders, and decrees, a record that has been
85-2 made of its hearings, social studies, and other pertinent documents
85-3 until the child reaches 18 years of age or in accordance with the
85-4 law of this state. On appropriate request of the court of another
85-5 state and payment of proper fees, the court shall forward to the
85-6 other court certified copies of the documents.
85-7 Sec. 152.022. Request for Court Records of Another State.
85-8 If a custody decree has been rendered in another state concerning a
85-9 child involved in a custody proceeding pending in a court of this
85-10 state, the court of this state on taking jurisdiction of the case
85-11 may request of the court of the other state a certified copy of the
85-12 transcript of a court record and other documents listed in Section
85-13 152.021.
85-14 Sec. 152.023. International Application. The general
85-15 policies of this chapter extend to the international area. The
85-16 provisions of this chapter relating to the recognition and
85-17 enforcement of custody decrees of other states apply to custody
85-18 decrees and decrees involving legal institutions similar in nature
85-19 to custody institutions rendered by appropriate authorities of
85-20 other nations if reasonable notice and opportunity to be heard were
85-21 given to all affected persons.
85-22 Sec. 152.024. Priority. On the request of a party to a
85-23 custody proceeding that raises a question of existence or exercise
85-24 of jurisdiction under this chapter, the case shall be given
85-25 calendar priority and handled expeditiously.
85-26 Sec. 152.025. Short Title. This chapter may be cited as the
85-27 Uniform Child Custody Jurisdiction Act.
86-1 CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
86-2 SUBCHAPTER A. GENERAL PROVISIONS
86-3 Sec. 153.001. PUBLIC POLICY. The public policy of this
86-4 state is to:
86-5 (1) assure that children will have frequent and
86-6 continuing contact with parents who have shown the ability to act
86-7 in the best interest of the child;
86-8 (2) provide a stable environment for the child; and
86-9 (3) encourage parents to share in the rights and
86-10 duties of raising their child after the parents have separated or
86-11 dissolved their marriage.
86-12 Sec. 153.002. BEST INTEREST OF CHILD. The best interest of
86-13 the child shall always be the primary consideration of the court in
86-14 determining the issues of conservatorship and possession of and
86-15 access to the child.
86-16 Sec. 153.003. NO DISCRIMINATION BASED ON SEX OR MARITAL
86-17 STATUS. The court shall consider the qualifications of the parties
86-18 without regard to their marital status or to the sex of the party
86-19 or the child in determining:
86-20 (1) which party to appoint as sole managing
86-21 conservator;
86-22 (2) whether to appoint a party as joint managing
86-23 conservator; and
86-24 (3) the terms and conditions of conservatorship and
86-25 possession of and access to the child.
86-26 Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE. (a) In
86-27 determining whether to appoint a party as a sole or joint managing
87-1 conservator, the court shall consider evidence of the intentional
87-2 use of abusive physical force by a party against the party's spouse
87-3 or against any person younger than 18 years of age committed within
87-4 a two-year period preceding the filing of the suit or during the
87-5 pendency of the suit.
87-6 (b) The court may not appoint joint managing conservators if
87-7 credible evidence is presented of a history or pattern of past or
87-8 present child neglect, or physical or sexual abuse by one parent
87-9 directed against the other parent, a spouse, or a child.
87-10 (c) The court shall consider the commission of family
87-11 violence in determining whether to deny, restrict, or limit the
87-12 possession of a child by a parent who is appointed as a possessory
87-13 conservator.
87-14 Sec. 153.005. APPOINTMENT OF SOLE OR JOINT MANAGING
87-15 CONSERVATOR. (a) In a suit, the court may appoint a sole managing
87-16 conservator or may appoint joint managing conservators. If the
87-17 parents are or will be separated, the court shall appoint at least
87-18 one managing conservator.
87-19 (b) A managing conservator must be a parent, a competent
87-20 adult, an authorized agency, or a licensed child-placing agency.
87-21 Sec. 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR. (a)
87-22 If a managing conservator is appointed, the court may appoint one
87-23 or more possessory conservators.
87-24 (b) The court shall specify the rights and duties of a
87-25 person appointed possessory conservator.
87-26 (c) The court shall specify and expressly state in the order
87-27 the times and conditions for possession of or access to the child,
88-1 unless a party shows good cause why specific orders would not be in
88-2 the best interest of the child.
88-3 Sec. 153.007. AGREEMENT CONCERNING CONSERVATORSHIP. (a) To
88-4 promote the amicable settlement of disputes between the parties to
88-5 a suit, the parties may enter into a written agreement containing
88-6 provisions for conservatorship and possession of the child and for
88-7 modification of the agreement, including variations from the
88-8 standard possession order.
88-9 (b) If the court finds that the agreement is in the child's
88-10 best interest, the court shall render an order in accordance with
88-11 the agreement.
88-12 (c) Terms of the agreement in the order may be enforced by
88-13 all remedies available for enforcement of a judgment, including
88-14 contempt, but are not enforceable as contract terms unless provided
88-15 by the agreement.
88-16 (d) If the court finds the agreement is not in the child's
88-17 best interest, the court may request the parties to submit a
88-18 revised agreement or the court may render an order for the
88-19 conservatorship and possession of the child.
88-20 Sec. 153.008. CHILD'S CHOICE OF MANAGING CONSERVATOR. If
88-21 the child is 12 years of age or older, the child may, by writing
88-22 filed with the court, choose the managing conservator, subject to
88-23 the approval of the court.
88-24 Sec. 153.009. INTERVIEW OF CHILD IN CHAMBERS. (a) In a
88-25 nonjury trial the court may interview the child in chambers to
88-26 determine the child's wishes as to conservatorship.
88-27 (b) When the issue of managing conservatorship is contested,
89-1 on the application of a party, the court shall interview a child 12
89-2 years of age or older and may interview a child under 12 years of
89-3 age. Interviewing a child does not diminish the discretion of the
89-4 court.
89-5 (c) The court may permit the attorney for a party or the
89-6 attorney ad litem for the child to be present at the interview.
89-7 (d) On the motion of a party or on the court's own motion,
89-8 the court shall cause a record of the interview to be made when the
89-9 child is 12 years of age or older. A record of the interview shall
89-10 be part of the record in the case.
89-11 Sec. 153.010. ORDER FOR FAMILY COUNSELING. If the court
89-12 finds that the parties have a history of conflict in resolving an
89-13 issue of conservatorship or possession of or access to the child,
89-14 the court may order a party to:
89-15 (1) participate in counseling with a person appointed
89-16 by the court; and
89-17 (2) pay the cost of counseling.
89-18 Sec. 153.011. SECURITY BOND. If the court finds that a
89-19 person who has a possessory interest in a child may violate the
89-20 court order relating to the interest, the court may order the party
89-21 to execute a bond or deposit security. The court shall set the
89-22 amount and condition the bond or security on compliance with the
89-23 order.
89-24 Sec. 153.012. RIGHT TO PRIVACY; DELETION OF PERSONAL
89-25 INFORMATION IN RECORDS. The court may order the custodian of
89-26 records to delete all references in the records to the place of
89-27 residence of either party appointed as a conservator of the child
90-1 before the release of the records to another party appointed as a
90-2 conservator.
90-3 (Sections 153.013-153.070 reserved for expansion)
90-4 SUBCHAPTER B. PARENT APPOINTED AS CONSERVATOR: IN GENERAL
90-5 Sec. 153.071. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT
90-6 APPOINTED A CONSERVATOR. If both parents are appointed as
90-7 conservators of the child, the court shall specify the rights and
90-8 duties of a parent that are to be exercised:
90-9 (1) by each parent independently;
90-10 (2) by the joint agreement of the parents; and
90-11 (3) exclusively by one parent.
90-12 Sec. 153.072. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL
90-13 RIGHTS AND DUTIES. The court may limit the rights and duties of a
90-14 parent appointed as a conservator if the court makes a written
90-15 finding that the limitation is in the best interest of the child.
90-16 Sec. 153.073. RIGHTS OF PARENT AT ALL TIMES. (a) Unless
90-17 limited by court order, a parent appointed as a conservator of a
90-18 child has at all times the right:
90-19 (1) to receive information from the other parent
90-20 concerning the health, education, and welfare of the child;
90-21 (2) to confer with the other parent to the extent
90-22 possible before making a decision concerning the health, education,
90-23 and welfare of the child;
90-24 (3) of access to medical, dental, psychological, and
90-25 educational records of the child;
90-26 (4) to consult with a physician, dentist, or
90-27 psychologist of the child;
91-1 (5) to consult with school officials concerning the
91-2 child's welfare and educational status, including school
91-3 activities;
91-4 (6) to attend school activities;
91-5 (7) to be designated on the child's records as a
91-6 person to be notified in case of an emergency;
91-7 (8) to consent to medical, dental, and surgical
91-8 treatment during an emergency involving an immediate danger to the
91-9 health and safety of the child; and
91-10 (9) to manage the estate of the child to the extent
91-11 the estate has been created by the parent or the parent's family.
91-12 (b) The court shall specify in the order the rights that a
91-13 parent retains at all times.
91-14 Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
91-15 Unless limited by court order, a parent appointed as a conservator
91-16 of a child has the following rights and duties during the period
91-17 that the parent has possession of the child:
91-18 (1) the duty of care, control, protection, and
91-19 reasonable discipline of the child;
91-20 (2) the duty to support the child, including providing
91-21 the child with clothing, food, shelter, and medical and dental care
91-22 not involving an invasive procedure; and
91-23 (3) the right to direct the moral and religious
91-24 training of the child.
91-25 Sec. 153.075. DUTIES OF PARENT NOT APPOINTED CONSERVATOR.
91-26 The court may order a parent not appointed as a managing or a
91-27 possessory conservator to perform other parental duties, including
92-1 paying child support.
92-2 (Sections 153.076-153.130 reserved for expansion)
92-3 SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT
92-4 MANAGING CONSERVATOR
92-5 Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED
92-6 MANAGING CONSERVATOR. Unless the court finds that appointment of
92-7 the parent or parents would not be in the best interest of the
92-8 child because the appointment would significantly impair the
92-9 child's physical health or emotional development, a parent shall be
92-10 appointed sole managing conservator or both parents shall be
92-11 appointed as joint managing conservators of the child.
92-12 Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
92-13 MANAGING CONSERVATOR. Unless limited by court order, a parent
92-14 appointed as sole managing conservator of a child has the rights
92-15 and duties provided by Subchapter B and the following exclusive
92-16 rights:
92-17 (1) the right to establish the primary residence of
92-18 the child;
92-19 (2) the right to consent to medical, dental, and
92-20 surgical treatment involving invasive procedures, and to consent to
92-21 psychiatric and psychological treatment;
92-22 (3) the right to receive and give receipt for periodic
92-23 payments for the support of the child and to hold or disburse these
92-24 funds for the benefit of the child;
92-25 (4) the right to represent the child in legal action
92-26 and to make other decisions of substantial legal significance
92-27 concerning the child;
93-1 (5) the right to consent to marriage and to enlistment
93-2 in the armed forces of the United States;
93-3 (6) the right to the services and earnings of the
93-4 child; and
93-5 (7) except when a guardian of the child's estate or a
93-6 guardian or attorney ad litem has been appointed for the child, the
93-7 right to act as an agent of the child in relation to the child's
93-8 estate if the child's action is required by a state, the United
93-9 States, or a foreign government.
93-10 Sec. 153.133. AGREEMENT FOR JOINT MANAGING CONSERVATORSHIP.
93-11 (a) If a written agreement of the parents is filed with the court,
93-12 the court shall render an order appointing the parents as joint
93-13 managing conservators only if the agreement:
93-14 (1) establishes the county of residence of the child
93-15 until modified by further order, or designates the conservator who
93-16 has the exclusive right to establish the primary residence of the
93-17 child;
93-18 (2) specifies the rights and duties of each parent
93-19 regarding the child's physical care, support, and education;
93-20 (3) includes provisions to minimize disruption of the
93-21 child's education, daily routine, and association with friends;
93-22 (4) allocates between the parents, independently,
93-23 jointly, or exclusively, all of the remaining rights and duties of
93-24 a parent provided by Chapter 151;
93-25 (5) is voluntarily and knowingly made by each parent
93-26 and has not been repudiated by either parent at the time the order
93-27 is rendered; and
94-1 (6) is in the best interest of the child.
94-2 (b) The agreement may contain an alternative dispute
94-3 resolution procedure that the parties agree to use before
94-4 requesting enforcement or modification of the terms and conditions
94-5 of the joint conservatorship through litigation, except in an
94-6 emergency.
94-7 Sec. 153.134. COURT-ORDERED JOINT CONSERVATORSHIP. (a) If
94-8 a written agreement of the parents is not filed with the court, the
94-9 court may render an order appointing the parents joint managing
94-10 conservators only if the appointment is in the best interest of the
94-11 child, considering the following factors:
94-12 (1) whether the physical, psychological, or emotional
94-13 needs and development of the child will benefit from the
94-14 appointment of joint managing conservators;
94-15 (2) the ability of the parents to give first priority
94-16 to the welfare of the child and reach shared decisions in the
94-17 child's best interest;
94-18 (3) whether each parent can encourage and accept a
94-19 positive relationship between the child and the other parent;
94-20 (4) whether both parents participated in child rearing
94-21 before the filing of the suit;
94-22 (5) the geographical proximity of the parents'
94-23 residences;
94-24 (6) if the child is 12 years of age or older, the
94-25 child's preference, if any, regarding the appointment of joint
94-26 managing conservators; and
94-27 (7) any other relevant factor.
95-1 (b) In rendering an order appointing joint managing
95-2 conservators, the court shall:
95-3 (1) establish the county of residence of the child
95-4 until altered by further order, or designate the conservator who
95-5 has the exclusive right to determine the primary residence of the
95-6 child;
95-7 (2) specify the rights and duties of each parent
95-8 regarding the child's physical care, support, and education;
95-9 (3) include provisions to minimize disruption of the
95-10 child's education, daily routine, and association with friends;
95-11 (4) allocate between the parents, independently,
95-12 jointly, or exclusively, all of the remaining rights and duties of
95-13 a parent as provided by Chapter 151; and
95-14 (5) if feasible, recommend that the parties use an
95-15 alternative dispute resolution method before requesting enforcement
95-16 or modification of the terms and conditions of the joint
95-17 conservatorship through litigation, except in an emergency.
95-18 Sec. 153.135. EQUAL POSSESSION NOT REQUIRED. Joint managing
95-19 conservatorship does not require the award of equal or nearly equal
95-20 periods of physical possession of and access to the child to each
95-21 of the joint conservators.
95-22 Sec. 153.136. COURT DESIGNATION OF PRIMARY PHYSICAL
95-23 RESIDENCE. If joint managing conservatorship is ordered, the best
95-24 interest of the child ordinarily requires the court to designate a
95-25 primary physical residence for the child.
95-26 Sec. 153.137. GUIDELINES FOR THE POSSESSION OF CHILD BY
95-27 PARENT NAMED AS JOINT MANAGING CONSERVATOR. The standard
96-1 possession order provided by Subchapter F constitutes a presumptive
96-2 minimum amount of time for possession of a child by a parent named
96-3 as a joint managing conservator who is not awarded the primary
96-4 physical residence of the child in a suit.
96-5 Sec. 153.138. CHILD SUPPORT ORDER AFFECTING JOINT
96-6 CONSERVATORS. The appointment of joint managing conservators does
96-7 not impair or limit the authority of the court to order a joint
96-8 managing conservator to pay child support to another joint managing
96-9 conservator.
96-10 Sec. 153.139. RECEIPT OF PUBLIC ASSISTANCE BY JOINT
96-11 CONSERVATOR. If a child is receiving or qualifies for assistance
96-12 under Chapter 31 or 32 or Title 4 or 5, Human Resources Code, at
96-13 the request of either party, a parent appointed as a joint managing
96-14 conservator shall be designated by the court as the primary
96-15 caretaker and the home of that parent as the primary residence of
96-16 the child for the purpose of receiving public assistance on behalf
96-17 of the child. If one parent receives public assistance on behalf
96-18 of the child, the court shall designate that parent as the primary
96-19 caretaking parent unless the court finds that it is in the best
96-20 interest of the child to designate the other parent.
96-21 (Sections 153.140-153.190 reserved for expansion)
96-22 SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR
96-23 Sec. 153.191. PRESUMPTION THAT PARENT TO BE APPOINTED
96-24 POSSESSORY CONSERVATOR. The court shall appoint as a possessory
96-25 conservator a parent who is not appointed as a sole or joint
96-26 managing conservator unless it finds that the appointment is not in
96-27 the best interest of the child and that parental possession or
97-1 access would endanger the physical or emotional welfare of the
97-2 child.
97-3 Sec. 153.192. RIGHTS AND DUTIES OF PARENT APPOINTED
97-4 POSSESSORY CONSERVATOR. (a) Unless limited by court order, a
97-5 parent appointed as possessory conservator of a child has the
97-6 rights and duties provided by Subchapter B and any other right or
97-7 duty expressly granted to the possessory conservator in the order.
97-8 (b) In ordering the terms and conditions for possession of a
97-9 child by a parent appointed possessory conservator, the court shall
97-10 be guided by the guidelines in Subchapter E.
97-11 Sec. 153.193. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR
97-12 ACCESS. The terms of an order that denies possession of a child to
97-13 a parent or imposes restrictions or limitations on a parent's right
97-14 to possession of or access to a child may not exceed those that are
97-15 required to protect the best interest of the child.
97-16 (Sections 153.194-153.250 reserved for expansion)
97-17 SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD
97-18 BY A PARENT NAMED AS POSSESSORY CONSERVATOR
97-19 Sec. 153.251. POLICY AND GENERAL APPLICATION OF GUIDELINES.
97-20 (a) The guidelines established in the standard possession order
97-21 are intended to guide the courts in ordering the terms and
97-22 conditions for possession of a child by a parent named as a
97-23 possessory conservator or as the minimum possession for a joint
97-24 managing conservator.
97-25 (b) It is the policy of this state to encourage frequent
97-26 contact between a child and each parent for periods of possession
97-27 that optimize the development of a close and continuing
98-1 relationship between each parent and child.
98-2 (c) It is preferable for all children in a family to be
98-3 together during periods of possession.
98-4 (d) The standard possession order is designed to apply to a
98-5 child three years of age or older.
98-6 Sec. 153.252. REBUTTABLE PRESUMPTION. In a suit, there is a
98-7 rebuttable presumption that the standard possession order in
98-8 Subchapter F:
98-9 (1) provides reasonable minimum possession of a child
98-10 for a parent named as a possessory conservator or joint managing
98-11 conservator; and
98-12 (2) is in the best interest of the child.
98-13 Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR
98-14 UNWORKABLE. The court shall render an order that grants periods of
98-15 possession of the child as similar as possible to those provided by
98-16 the standard possession order if the work schedule or other special
98-17 circumstances of the managing conservator, the possessory
98-18 conservator, or the child, or the year-round school schedule of the
98-19 child, make the standard order unworkable or inappropriate.
98-20 Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The
98-21 court shall render an order appropriate under the circumstances for
98-22 possession of a child less than three years of age.
98-23 (b) The court shall render a prospective order to take
98-24 effect on the child's third birthday, which presumptively will be
98-25 the standard possession order.
98-26 Sec. 153.255. AGREEMENT. The court may render an order for
98-27 periods of possession of a child that vary from the standard
99-1 possession order based on the agreement of the parties.
99-2 Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering
99-3 the terms of possession of a child, the court shall be guided by
99-4 the guidelines established by the standard possession order and may
99-5 consider:
99-6 (1) the age, developmental status, circumstances,
99-7 needs, and best interest of the child;
99-8 (2) the circumstances of the managing conservator and
99-9 of the parent named as a possessory conservator; and
99-10 (3) any other relevant factor.
99-11 Sec. 153.257. MEANS OF TRAVEL. In an order providing for
99-12 the terms and conditions of possession of a child, the court may
99-13 restrict the means of travel of the child by a legal mode of
99-14 transportation only after a showing of good cause contained in the
99-15 record and a finding by the court that the restriction is in the
99-16 best interest of the child. The court shall specify the duties of
99-17 the conservators to provide transportation to and from the
99-18 transportation facilities.
99-19 Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
99-20 STANDARD ORDER. Without regard to Rules 296 through 299, Texas
99-21 Rules of Civil Procedure, in all cases in which possession of a
99-22 child by a parent is contested and the possession of the child
99-23 varies from the standard possession order, on written request made
99-24 or filed with the court not later than 10 days after the date of
99-25 the hearing or on oral request made in open court during the
99-26 hearing, the court shall state in the order the specific reasons
99-27 for the variance from the standard order.
100-1 (Sections 153.259-153.310 reserved for expansion)
100-2 SUBCHAPTER F. STANDARD POSSESSION ORDER
100-3 Sec. 153.311. Mutual Agreement or Specified Terms for
100-4 Possession. The court shall specify in a standard possession order
100-5 that the parties may have possession of the child at times mutually
100-6 agreed to in advance by the parties and, in the absence of mutual
100-7 agreement, shall have possession of the child under the specified
100-8 terms set out in the standard order.
100-9 Sec. 153.312. Parents Who Reside 100 Miles or Less Apart.
100-10 (a) If the possessory conservator resides 100 miles or less from
100-11 the primary residence of the child, the possessory conservator
100-12 shall have the right to possession of the child as follows:
100-13 (1) on weekends beginning at 6 p.m. on the first,
100-14 third, and fifth Friday of each month and ending at 6 p.m. on the
100-15 following Sunday or, at the possessory conservator's election made
100-16 before or at the time of the rendition of the original or
100-17 modification order, and as specified in the original or
100-18 modification order, beginning at the time the child's school is
100-19 regularly dismissed and ending at 6 p.m. on the following Sunday;
100-20 and
100-21 (2) on Wednesdays of each week during the regular
100-22 school term beginning at 6 p.m. and ending at 8 p.m., or, at the
100-23 possessory conservator's election made before or at the time of the
100-24 rendition of the original or modification order, and as specified
100-25 in the original or modification order, beginning at the time the
100-26 child's school is regularly dismissed and ending at 8 p.m.
100-27 (b) The following provisions govern possession of the child
101-1 for vacations and certain specific holidays and supersede
101-2 conflicting weekend or Wednesday periods of possession. The
101-3 possessory conservator and the managing conservator shall have
101-4 rights of possession of the child as follows:
101-5 (1) the possessory conservator shall have possession
101-6 in even-numbered years, beginning at 6 p.m. on the day the child is
101-7 dismissed from school for the school's spring vacation and ending
101-8 at 6 p.m. on the day before school resumes after that vacation, and
101-9 the managing conservator shall have possession for the same period
101-10 in odd-numbered years;
101-11 (2) if a possessory conservator:
101-12 (A) gives the managing conservator written
101-13 notice by May 1 of each year specifying an extended period or
101-14 periods of summer possession, the possessory conservator shall have
101-15 possession of the child for 30 days beginning not earlier than the
101-16 day after the child's school is dismissed for the summer vacation
101-17 and ending not later than seven days before school resumes at the
101-18 end of the summer vacation, to be exercised in not more than two
101-19 separate periods of at least seven consecutive days each; or
101-20 (B) does not give the managing conservator
101-21 written notice by May 1 of each year specifying an extended period
101-22 or periods of summer possession, the possessory conservator shall
101-23 have possession of the child for 30 consecutive days beginning at 6
101-24 p.m. on July 1 and ending at 6 p.m. on July 31;
101-25 (3) if the managing conservator gives the possessory
101-26 conservator written notice by June 1 of each year, the managing
101-27 conservator shall have possession of the child on any one weekend
102-1 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
102-2 Sunday during one period of possession by the possessory
102-3 conservator under Subdivision (2), provided that the managing
102-4 conservator picks up the child from the possessory conservator and
102-5 returns the child to that same place; and
102-6 (4) if the managing conservator gives the possessory
102-7 conservator written notice by May 15 of each year or gives the
102-8 possessory conservator 14 days' written notice on or after May 16
102-9 of each year, the managing conservator may designate one weekend
102-10 beginning not earlier than the day after the child's school is
102-11 dismissed for the summer vacation and ending not later than seven
102-12 days before school resumes at the end of the summer vacation,
102-13 during which an otherwise scheduled weekend period of possession by
102-14 the possessory conservator will not take place, provided that the
102-15 weekend designated does not interfere with the possessory
102-16 conservator's period or periods of extended summer possession or
102-17 with Father's Day if the possessory conservator is the father of
102-18 the child.
102-19 Sec. 153.313. Parents Who Reside Over 100 Miles Apart. If
102-20 the possessory conservator resides more than 100 miles from the
102-21 residence of the child, the possessory conservator shall have the
102-22 right to possession of the child as follows:
102-23 (1) either regular weekend possession beginning on the
102-24 first, third, and fifth Friday as provided under the terms
102-25 applicable to parents who reside 100 miles or less apart or not
102-26 more than one weekend per month of the possessory conservator's
102-27 choice beginning at 6 p.m. on the day school recesses for the
103-1 weekend and ending at 6 p.m. on the day before school resumes after
103-2 the weekend, provided that the possessory conservator gives the
103-3 managing conservator seven days' written or telephonic notice
103-4 preceding a designated weekend, and provided that the possessory
103-5 conservator elects an option for this alternative period of
103-6 possession by written notice given to the managing conservator
103-7 within 90 days after the parties begin to reside more than 100
103-8 miles apart, as applicable;
103-9 (2) each year beginning on the day the child is
103-10 dismissed from school for the school's spring vacation and ending
103-11 at 6 p.m. on the day before school resumes after that vacation;
103-12 (3) if the possessory conservator:
103-13 (A) gives the managing conservator written
103-14 notice by May 1 of each year specifying an extended period or
103-15 periods of summer possession, the possessory conservator shall have
103-16 possession of the child for 42 days beginning not earlier than the
103-17 day after the child's school is dismissed for the summer vacation
103-18 and ending not later than seven days before school resumes at the
103-19 end of the summer vacation, to be exercised in not more than two
103-20 separate periods of at least seven consecutive days each; or
103-21 (B) does not give the managing conservator
103-22 written notice by May 1 of each year specifying an extended period
103-23 or periods of summer possession, the possessory conservator shall
103-24 have possession of the child for 42 consecutive days beginning at 6
103-25 p.m. on June 15 and ending at 6 p.m. on July 27;
103-26 (4) if the managing conservator gives the possessory
103-27 conservator written notice by June 1 of each year the managing
104-1 conservator shall have possession of the child on one weekend
104-2 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
104-3 Sunday during one period of possession by the possessory
104-4 conservator under Subdivision (3), provided that if a period of
104-5 possession by the possessory conservator exceeds 30 days, the
104-6 managing conservator may have possession of the child under the
104-7 terms of this subdivision on two nonconsecutive weekends during
104-8 that time period, and further provided that the managing
104-9 conservator picks up the child from the possessory conservator and
104-10 returns the child to that same place; and
104-11 (5) if the managing conservator gives the possessory
104-12 conservator written notice by May 15 of each year or gives the
104-13 possessory conservator 30 days' written notice on or after May 16
104-14 of each year, the managing conservator may designate 21 days
104-15 beginning not earlier than the day after the child's school is
104-16 dismissed for the summer vacation and ending not later than seven
104-17 days before school resumes at the end of the summer vacation, to be
104-18 exercised in not more than two separate periods of at least seven
104-19 consecutive days each, during which the possessory conservator may
104-20 not have possession of the child, provided that the period or
104-21 periods so designated do not interfere with the possessory
104-22 conservator's period or periods of extended summer possession or
104-23 with Father's Day if the possessory conservator is the father of
104-24 the child.
104-25 Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
104-26 PARENTS RESIDE APART. The following provisions govern possession
104-27 of the child for certain specific holidays and supersede
105-1 conflicting weekend or Wednesday periods of possession without
105-2 regard to the distance the parents reside apart. The possessory
105-3 conservator and the managing conservator shall have rights of
105-4 possession of the child as follows:
105-5 (1) the possessory conservator shall have possession
105-6 of the child in even-numbered years beginning at 6 p.m. on the day
105-7 the child is dismissed from school for the Christmas school
105-8 vacation and ending at noon on December 26, and the managing
105-9 conservator shall have possession for the same period in
105-10 odd-numbered years;
105-11 (2) the possessory conservator shall have possession
105-12 of the child in odd-numbered years beginning at noon on December 26
105-13 and ending at 6 p.m. on the day before school resumes after that
105-14 vacation, and the managing conservator shall have possession for
105-15 the same period in even-numbered years;
105-16 (3) the possessory conservator shall have possession
105-17 of the child in odd-numbered years, beginning at 6 p.m. on the day
105-18 the child is dismissed from school before Thanksgiving and ending
105-19 at 6 p.m. on the following Sunday, and the managing conservator
105-20 shall have possession for the same period in even-numbered years;
105-21 (4) the parent not otherwise entitled under this
105-22 standard order to present possession of a child on the child's
105-23 birthday shall have possession of the child beginning at 6 p.m. and
105-24 ending at 8 p.m. on that day, provided that the parent picks up the
105-25 child from the residence of the conservator entitled to possession
105-26 and returns the child to that same place;
105-27 (5) if a conservator, the father shall have possession
106-1 of the child beginning at 6 p.m. on the Friday preceding Father's
106-2 Day and ending on Father's Day at 6 p.m., provided that, if he is
106-3 not otherwise entitled under this standard order to present
106-4 possession of the child, he picks up the child from the residence
106-5 of the conservator entitled to possession and returns the child to
106-6 that same place; and
106-7 (6) if a conservator, the mother shall have possession
106-8 of the child beginning at 6 p.m. on the Friday preceding Mother's
106-9 Day and ending on Mother's Day at 6 p.m., provided that, if she is
106-10 not otherwise entitled under this standard order to present
106-11 possession of the child, she picks up the child from the residence
106-12 of the conservator entitled to possession and returns the child to
106-13 that same place.
106-14 Sec. 153.315. Weekend Possession Extended by Holiday. (a)
106-15 If a weekend period of possession of the possessory conservator
106-16 coincides with a school holiday during the regular school term or
106-17 with a federal, state, or local holiday during the summer months in
106-18 which school is not in session, the weekend possession shall end at
106-19 6 p.m. on a Monday holiday or school holiday or shall begin at 6
106-20 p.m. Thursday for a Friday holiday or school holiday, as
106-21 applicable.
106-22 (b) At the possessory conservator's election, made before or
106-23 at the time of the rendition of the original or modification order,
106-24 and as specified in the original or modification order, periods of
106-25 possession extended by a holiday may begin at the time the child's
106-26 school is regularly dismissed.
106-27 Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall
107-1 order the following general terms and conditions of possession of a
107-2 child to apply without regard to the distance between the residence
107-3 of a parent and the child:
107-4 (1) the managing conservator shall surrender the child
107-5 to the possessory conservator at the beginning of each period of
107-6 the possessory conservator's possession at the residence of the
107-7 managing conservator;
107-8 (2) if the possessory conservator elects to begin a
107-9 period of possession at the time the child's school is regularly
107-10 dismissed, the managing conservator shall surrender the child to
107-11 the possessory conservator at the beginning of each period of
107-12 possession at the school in which the child is enrolled;
107-13 (3) the possessory conservator shall be ordered to do
107-14 one of the following:
107-15 (A) the possessory conservator shall surrender
107-16 the child to the managing conservator at the end of each period of
107-17 possession at the residence of the possessory conservator; or
107-18 (B) the possessory conservator shall return the
107-19 child to the residence of the managing conservator at the end of
107-20 each period of possession, except that the order shall provide that
107-21 if the possessory conservator's county of residence remains the
107-22 same after the rendition of the order establishing terms and
107-23 conditions of possession and access, and if the managing
107-24 conservator's county of residence should change, effective on the
107-25 date of the change of residence by the managing conservator, the
107-26 possessory conservator shall surrender the child to the managing
107-27 conservator at the end of each period of possession at the
108-1 residence of the possessory conservator;
108-2 (4) if the possessory conservator elects to end a
108-3 period of possession at the time the child's school resumes, the
108-4 possessory conservator shall surrender the child to the managing
108-5 conservator at the end of each period of possession at the school
108-6 in which the child is enrolled;
108-7 (5) each conservator shall return with the child the
108-8 personal effects that the child brought at the beginning of the
108-9 period of possession;
108-10 (6) either parent may designate a competent adult to
108-11 pick up and return the child, as applicable; a parent or a
108-12 designated competent adult shall be present when the child is
108-13 picked up or returned;
108-14 (7) a parent shall give notice to the person in
108-15 possession of the child on each occasion that the parent will be
108-16 unable to exercise that parent's right of possession for a
108-17 specified period;
108-18 (8) written notice shall be deemed to have been timely
108-19 made if received or postmarked before or at the time that notice is
108-20 due; and
108-21 (9) if a conservator's time of possession of a child
108-22 ends at the time school resumes and for any reason the child is not
108-23 or will not be returned to school, the conservator in possession of
108-24 the child shall immediately notify the school and the other
108-25 conservator that the child will not be or has not been returned to
108-26 school.
108-27 Sec. 153.317. ALTERNATIVE POSSESSION TIMES. If a child is
109-1 enrolled in school and the possessory conservator elects before or
109-2 at the time of the rendition of the original or modification order,
109-3 the standard order may expressly provide that the possessory
109-4 conservator's period of possession shall begin or end, or both, at
109-5 a different time expressly set in the standard order under and
109-6 within the range of alternative times provided by one or both of
109-7 the following subdivisions:
109-8 (1) except for the Christmas school vacation and
109-9 Wednesday evening possession, instead of a period of possession by
109-10 a possessory conservator beginning at 6 p.m. on the day school
109-11 recesses, the period of possession may be set in the standard
109-12 possession order to begin at the time the child's school is
109-13 regularly dismissed or at any time between the time the child's
109-14 school is regularly dismissed and 6 p.m.; and
109-15 (2) except for Wednesday evening possession, instead
109-16 of a period of possession by a possessory conservator ending at 6
109-17 p.m. on the day before school resumes, the period of possession may
109-18 be set in the standard order to end at the time school resumes.
109-19 (Sections 153.318-153.370 reserved for expansion)
109-20 SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR
109-21 Sec. 153.371. Rights and Duties of Nonparent Appointed as
109-22 Sole Managing Conservator. Unless limited by court order or other
109-23 provisions of this chapter, a nonparent, licensed child-placing
109-24 agency, or authorized agency appointed as a managing conservator of
109-25 the child has the following rights and duties:
109-26 (1) the right to have physical possession, to direct
109-27 the moral and religious training, and to establish the primary
110-1 residence of the child;
110-2 (2) the duty of care, control, protection, and
110-3 reasonable discipline of the child;
110-4 (3) the duty to provide the child with clothing, food,
110-5 shelter, and education;
110-6 (4) the right to consent to medical, psychiatric,
110-7 psychological, dental, and surgical treatment;
110-8 (5) the right to receive and give receipt for payments
110-9 for the support of the child and to hold or disburse funds for the
110-10 benefit of the child;
110-11 (6) the right to the services and earnings of the
110-12 child;
110-13 (7) the right to consent to marriage and to enlistment
110-14 in the armed forces of the United States;
110-15 (8) the right to represent the child in legal action
110-16 and to make other decisions of substantial legal significance
110-17 concerning the child;
110-18 (9) except when a guardian of the child's estate or a
110-19 guardian or attorney ad litem has been appointed for the child, the
110-20 right to act as an agent of the child in relation to the child's
110-21 estate if the child's action is required by a state, the United
110-22 States, or a foreign government; and
110-23 (10) if the parent-child relationship has been
110-24 terminated with respect to the parents, or only living parent, or
110-25 if there is no living parent, the right to consent to the adoption
110-26 of the child and to make any other decision concerning the child
110-27 that a parent could make.
111-1 Sec. 153.372. Nonparent Appointed as Joint Managing
111-2 Conservator. (a) A nonparent, authorized agency, or licensed
111-3 child-placing agency appointed as a joint managing conservator may
111-4 serve in that capacity with either another nonparent or with a
111-5 parent of the child.
111-6 (b) The procedural and substantive standards regarding an
111-7 agreed or court-ordered joint managing conservatorship provided by
111-8 Subchapter C apply to a nonparent joint managing conservator.
111-9 Sec. 153.373. VOLUNTARY SURRENDER OF POSSESSION REBUTS
111-10 PARENTAL PRESUMPTION. The presumption that a parent should be
111-11 appointed or retained as managing conservator of the child is
111-12 rebutted if the court finds that:
111-13 (1) the parent has voluntarily relinquished actual
111-14 care, control, and possession of the child to a nonparent, licensed
111-15 child-placing agency, or authorized agency for a period of one year
111-16 or more, a portion of which was within 90 days preceding the date
111-17 of intervention in or filing of the suit; and
111-18 (2) the appointment of the nonparent or agency as
111-19 managing conservator is in the best interest of the child.
111-20 Sec. 153.374. DESIGNATION OF MANAGING CONSERVATOR IN
111-21 AFFIDAVIT OF RELINQUISHMENT. (a) A parent may designate a
111-22 competent person, authorized agency, or licensed child-placing
111-23 agency to serve as managing conservator of the child in an
111-24 unrevoked or irrevocable affidavit of relinquishment of parental
111-25 rights executed as provided by Chapter 22.
111-26 (b) The person or agency designated to serve as managing
111-27 conservator shall be appointed managing conservator unless the
112-1 court finds that the appointment would not be in the best interest
112-2 of the child.
112-3 Sec. 153.375. ANNUAL REPORT BY NONPARENT MANAGING
112-4 CONSERVATOR. (a) A nonparent appointed as a managing conservator
112-5 of a child shall each 12 months after the appointment file with the
112-6 court a report of facts concerning the child's welfare, including
112-7 the child's whereabouts and physical condition.
112-8 (b) The report may not be admitted in evidence in a
112-9 subsequent suit.
112-10 Sec. 153.376. Rights and Duties of Nonparent Possessory
112-11 Conservator. (a) Unless limited by court order or other
112-12 provisions of this chapter, a nonparent, licensed child-placing
112-13 agency, or authorized agency appointed as a possessory conservator
112-14 has the following rights and duties during the period of
112-15 possession:
112-16 (1) the duty of care, control, protection, and
112-17 reasonable discipline of the child;
112-18 (2) the duty to provide the child with clothing, food,
112-19 and shelter; and
112-20 (3) the right to consent to medical, dental, and
112-21 surgical treatment during an emergency involving an immediate
112-22 danger to the health and safety of the child.
112-23 (b) A nonparent possessory conservator has any other right
112-24 or duty specified in the order.
112-25 Sec. 153.377. ACCESS TO CHILD'S RECORDS. A nonparent
112-26 possessory conservator has the right of access to medical, dental,
112-27 psychological, and educational records of the child to the same
113-1 extent as the managing conservator, without regard to whether the
113-2 right is specified in the order.
113-3 (Sections 153.378-153.430 reserved for expansion)
113-4 SUBCHAPTER H. RIGHTS OF GRANDPARENT
113-5 Sec. 153.431. GRANDPARENTAL APPOINTMENT AS MANAGING
113-6 CONSERVATORS. If the parents are deceased, the grandparents may be
113-7 considered for appointment as managing conservators, but
113-8 consideration does not alter or diminish the discretionary power of
113-9 the court.
113-10 Sec. 153.432. SUIT FOR ACCESS. (a) A biological or
113-11 adoptive grandparent may request access to a grandchild by filing:
113-12 (1) an original suit; or
113-13 (2) a suit for modification as provided by Chapter
113-14 156.
113-15 (b) A grandparent may request access to a grandchild in a
113-16 suit filed for the sole purpose of requesting the relief, without
113-17 regard to whether the appointment of a managing conservator is an
113-18 issue in the suit.
113-19 Sec. 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD. The
113-20 court may order reasonable access to a grandchild by a grandparent
113-21 if:
113-22 (1) at the time the relief is requested, at least one
113-23 biological or adoptive parent of the child has not had that
113-24 parent's parental rights terminated; and
113-25 (2) access is in the best interest of the child, and
113-26 at least one of the following facts is present:
113-27 (A) the grandparent requesting access to the
114-1 child is a parent of a parent of the child and that parent of the
114-2 child has been incarcerated in jail or prison during the
114-3 three-month period preceding the filing of the petition or has been
114-4 found by a court to be incompetent or is dead;
114-5 (B) the parents of the child are divorced or
114-6 have been living apart for the three-month period preceding the
114-7 filing of the petition or a suit for the dissolution of the
114-8 parents' marriage is pending;
114-9 (C) the child has been abused or neglected by a
114-10 parent of the child;
114-11 (D) the child has been adjudicated to be a child
114-12 in need of supervision or a delinquent child under Title 3;
114-13 (E) the grandparent requesting access to the
114-14 child is the parent of a person whose parent-child relationship
114-15 with the child has been terminated by court order; or
114-16 (F) the child has resided with the grandparent
114-17 requesting access to the child for at least six months within the
114-18 24-month period preceding the filing of the petition.
114-19 Sec. 153.434. LIMITATION ON RIGHT TO REQUEST ACCESS. A
114-20 biological or adoptive grandparent may not request possession of or
114-21 access to a grandchild if:
114-22 (1) the grandparent is a parent of a person whose
114-23 parental rights with the child have been terminated by court order
114-24 or by death; and
114-25 (2) the other biological parent has died or has had
114-26 that parent's parental rights terminated and the grandchild has
114-27 been adopted by a person other than the child's stepparent.
115-1 CHAPTER 154. CHILD SUPPORT
115-2 SUBCHAPTER A. COURT-ORDERED CHILD SUPPORT
115-3 Sec. 154.001. SUPPORT OF CHILD. The court may order either
115-4 or both parents to support a child in the manner specified by the
115-5 order:
115-6 (1) until the child is 18 years of age or until
115-7 graduation from high school, whichever occurs later;
115-8 (2) until the child is emancipated through marriage,
115-9 through removal of the disabilities of minority by court order, or
115-10 by other operation of law;
115-11 (3) until the death of the child; or
115-12 (4) if the child is disabled as defined in this
115-13 chapter, for an indefinite period.
115-14 Sec. 154.002. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION.
115-15 (a) If the child is fully enrolled in an accredited secondary
115-16 school in a program leading toward a high school diploma, the court
115-17 may render an original support order or modify an existing order
115-18 providing child support past the 18th birthday of the child.
115-19 (b) The request for a support order through high school
115-20 graduation may be filed before or after the child's 18th birthday.
115-21 (c) The order for periodic support may provide that payments
115-22 continue through the end of the month in which the child graduates.
115-23 Sec. 154.003. MANNER OF PAYMENT. The court may order that
115-24 child support be paid by:
115-25 (1) periodic payments;
115-26 (2) a lump-sum payment;
115-27 (3) an annuity purchase;
116-1 (4) the setting aside of property to be administered
116-2 for the support of the child as specified in the order; or
116-3 (5) any combination of periodic payments, lump-sum
116-4 payments, annuity purchases, or setting aside of property.
116-5 Sec. 154.004. PLACE OF PAYMENT. (a) Except as agreed by
116-6 the parties, the court shall order the payment of child support
116-7 through a local registry or through the Title IV-D agency.
116-8 (b) In a Title IV-D case, the court shall order that income
116-9 withheld for child support be paid:
116-10 (1) to the Title IV-D agency through a local registry,
116-11 which shall forward the payment to the Title IV-D agency; or
116-12 (2) directly to the Title IV-D agency.
116-13 Sec. 154.005. PAYMENTS OF SUPPORT OBLIGATION BY TRUST. (a)
116-14 The court may order the trustees of a spendthrift or other trust to
116-15 make disbursements for the support of a child to the extent the
116-16 trustees are required to make payments to a beneficiary who is
116-17 required to make child support payments as provided by this
116-18 chapter.
116-19 (b) If disbursement of the assets of the trust is
116-20 discretionary, the court may order child support payments from the
116-21 income of the trust but not from the principal.
116-22 Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. Unless
116-23 otherwise agreed in writing or expressly provided in the order, the
116-24 child support order terminates on the marriage of the child,
116-25 removal of the child's disabilities for general purposes, or death
116-26 of the child or a parent ordered to pay child support.
116-27 Sec. 154.007. ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME.
117-1 (a) Except for good cause shown, or on agreement of the parties,
117-2 in a proceeding in which periodic payments of child support are
117-3 ordered, the court shall order that income be withheld from the
117-4 disposable earnings of the obligor as provided by Chapter 158.
117-5 (b) If the court does not order income withholding, an order
117-6 for support must contain a provision for income withholding to
117-7 ensure that withholding may be effected if a delinquency occurs.
117-8 (c) A child support order must be construed to contain a
117-9 withholding provision even if the provision has been omitted from
117-10 the written order.
117-11 (d) If the order was rendered or last modified before
117-12 January 1, 1987, the order is presumed to contain a provision for
117-13 income withholding procedures to take effect in the event a
117-14 delinquency occurs without further amendment to the order or future
117-15 action by the court.
117-16 Sec. 154.008. PROVISION FOR HEALTH INSURANCE COVERAGE. The
117-17 court shall order health insurance coverage for the child as
117-18 provided by Subchapters B and D.
117-19 Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may
117-20 order a parent to pay retroactive child support if the parent:
117-21 (1) has not previously been ordered to pay support for
117-22 the child; and
117-23 (2) was not a party to a suit in which support was
117-24 ordered.
117-25 (b) In ordering retroactive child support, the court shall
117-26 apply the child support guidelines provided by this chapter.
117-27 (c) Unless the Title IV-D agency is a party to an agreement
118-1 concerning support or purporting to settle past, present, or future
118-2 support obligations by prepayment or otherwise, an agreement
118-3 between the parties does not reduce or terminate retroactive
118-4 support that the agency may request.
118-5 Sec. 154.010. NO DISCRIMINATION BASED ON MARITAL STATUS OF
118-6 PARENTS OR SEX. The amount of support ordered for the benefit of a
118-7 child shall be determined without regard to:
118-8 (1) the sex of the obligor, obligee, or child; or
118-9 (2) the marital status of the parents of the child.
118-10 (Sections 154.011-154.060 reserved for expansion)
118-11 SUBCHAPTER B. COMPUTING NET RESOURCES AVAILABLE FOR
118-12 PAYMENT OF CHILD SUPPORT
118-13 Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever
118-14 feasible, gross income should first be computed on an annual basis
118-15 and then should be recalculated to determine average monthly gross
118-16 income.
118-17 (b) The Title IV-D agency shall annually promulgate tax
118-18 charts to compute net monthly income, subtracting from gross income
118-19 social security taxes and federal income tax withholding for a
118-20 single person claiming one personal exemption and the standard
118-21 deduction.
118-22 Sec. 154.062. NET RESOURCES. (a) The court shall calculate
118-23 net resources for the purpose of determining child support
118-24 liability as provided by this section.
118-25 (b) Resources include:
118-26 (1) 100 percent of all wage and salary income and
118-27 other compensation for personal services (including commissions,
119-1 overtime pay, tips, and bonuses);
119-2 (2) interest, dividends, and royalty income;
119-3 (3) self-employment income;
119-4 (4) net rental income (defined as rent after deducting
119-5 operating expenses and mortgage payments, but not including noncash
119-6 items such as depreciation); and
119-7 (5) all other income actually being received,
119-8 including severance pay, retirement benefits, pensions, trust
119-9 income, annuities, capital gains, social security benefits,
119-10 unemployment benefits, disability and workers' compensation
119-11 benefits, interest income from notes regardless of the source,
119-12 gifts and prizes, spousal maintenance, and alimony.
119-13 (c) Resources do not include:
119-14 (1) return of principal or capital;
119-15 (2) accounts receivable; or
119-16 (3) benefits paid in accordance with aid for families
119-17 with dependent children.
119-18 (d) The court shall deduct the following items from
119-19 resources to determine the net resources available for child
119-20 support:
119-21 (1) social security taxes;
119-22 (2) federal income tax based on the tax rate for a
119-23 single person claiming one personal exemption and the standard
119-24 deduction;
119-25 (3) union dues; and
119-26 (4) expenses for health insurance coverage for the
119-27 obligor's child.
120-1 Sec. 154.063. PARTY TO FURNISH INFORMATION. The court shall
120-2 require a party to:
120-3 (1) furnish information sufficient to accurately
120-4 identify that party's net resources and ability to pay child
120-5 support; and
120-6 (2) produce copies of income tax returns for the past
120-7 two years, a financial statement, and current pay stubs.
120-8 Sec. 154.064. HEALTH INSURANCE FOR CHILD PRESUMPTIVELY
120-9 PROVIDED BY OBLIGOR. The guidelines for support of a child are
120-10 based on the assumption that the court will order the obligor to
120-11 provide health insurance coverage for the child in addition to the
120-12 amount of child support calculated in accordance with those
120-13 guidelines.
120-14 Sec. 154.065. SELF-EMPLOYMENT INCOME. (a) Income from
120-15 self-employment, whether positive or negative, includes benefits
120-16 allocated to an individual from a business or undertaking in the
120-17 form of a proprietorship, partnership, joint venture, close
120-18 corporation, agency, or independent contractor, less ordinary and
120-19 necessary expenses required to produce that income.
120-20 (b) In its discretion, the court may exclude from
120-21 self-employment income amounts allowable under federal income tax
120-22 law as depreciation, tax credits, or any other business expenses
120-23 shown by the evidence to be inappropriate in making the
120-24 determination of income available for the purpose of calculating
120-25 child support.
120-26 Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT.
120-27 If the actual income of the obligor is significantly less than what
121-1 the obligor could earn because of intentional unemployment or
121-2 underemployment, the court may apply the support guidelines to the
121-3 earning potential of the obligor.
121-4 Sec. 154.067. DEEMED INCOME. (a) When appropriate, in
121-5 order to determine the net resources available for child support,
121-6 the court may assign a reasonable amount of deemed income
121-7 attributable to assets that do not currently produce income. The
121-8 court shall also consider whether certain property that is not
121-9 producing income can be liquidated without an unreasonable
121-10 financial sacrifice because of cyclical or other market conditions.
121-11 If there is no effective market for the property, the carrying
121-12 costs of such an investment, including property taxes and note
121-13 payments, shall be offset against the income attributed to the
121-14 property.
121-15 (b) The court may assign a reasonable amount of deemed
121-16 income to income-producing assets that a party has voluntarily
121-17 transferred or on which earnings have intentionally been reduced.
121-18 Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence
121-19 of evidence of the wage and salary income of a party, the court
121-20 shall presume that the party has wages or salary equal to the
121-21 federal minimum wage for a 40-hour week.
121-22 Sec. 154.069. NET RESOURCES OF SPOUSE. (a) The court may
121-23 not add any portion of the net resources of a spouse to the net
121-24 resources of an obligor or obligee in order to calculate the amount
121-25 of child support to be ordered.
121-26 (b) The court may not subtract the needs of a spouse, or of
121-27 a dependent of a spouse, from the net resources of the obligor or
122-1 obligee.
122-2 Sec. 154.070. CHILD SUPPORT RECEIVED BY OBLIGOR. In a
122-3 situation involving multiple households due child support, child
122-4 support received by an obligor shall be added to the obligor's net
122-5 resources to compute the net resources before determining the child
122-6 support credit or applying the percentages in the multiple
122-7 household table in this chapter.
122-8 (Sections 154.071-154.120 reserved for expansion)
122-9 SUBCHAPTER C. CHILD SUPPORT GUIDELINES
122-10 Sec. 154.121. GUIDELINES FOR THE SUPPORT OF A CHILD. The
122-11 child support guidelines in this subchapter are intended to guide
122-12 the court in determining an equitable amount of child support.
122-13 Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY PRESUMED
122-14 IN BEST INTEREST OF CHILD. (a) The amount of a periodic child
122-15 support payment established by the child support guidelines in
122-16 effect in this state at the time of the hearing is presumed to be
122-17 reasonable, and an order of support conforming to the guidelines is
122-18 presumed to be in the best interest of the child.
122-19 (b) A court may determine that the application of the
122-20 guidelines would be unjust or inappropriate under the
122-21 circumstances.
122-22 Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER. (a)
122-23 The court may order periodic child support payments in an amount
122-24 other than that established by the guidelines if the evidence
122-25 rebuts the presumption that application of the guidelines is in the
122-26 best interest of the child and justifies a variance from the
122-27 guidelines.
123-1 (b) In determining whether application of the guidelines
123-2 would be unjust or inappropriate under the circumstances, the court
123-3 shall consider evidence of all relevant factors, including:
123-4 (1) the age and needs of the child;
123-5 (2) the ability of the parents to contribute to the
123-6 support of the child;
123-7 (3) any financial resources available for the support
123-8 of the child;
123-9 (4) the amount of time of possession of and access to
123-10 a child;
123-11 (5) the amount of the obligee's net resources,
123-12 including the earning potential of the obligee if the actual income
123-13 of the obligee is significantly less than what the obligee could
123-14 earn because the obligee is intentionally unemployed or
123-15 underemployed and including an increase or decrease in the income
123-16 of the obligee or income that may be attributed to the property and
123-17 assets of the obligee;
123-18 (6) child care expenses incurred by either party in
123-19 order to maintain gainful employment;
123-20 (7) whether either party has the managing
123-21 conservatorship or actual physical custody of another child;
123-22 (8) the amount of alimony or spousal maintenance
123-23 actually and currently being paid or received by a party;
123-24 (9) the expenses for a son or daughter for education
123-25 beyond secondary school;
123-26 (10) whether the obligor or obligee has an automobile,
123-27 housing, or other benefits furnished by his or her employer,
124-1 another person, or a business entity;
124-2 (11) the amount of other deductions from the wage or
124-3 salary income and from other compensation for personal services of
124-4 the parties;
124-5 (12) provision for health care insurance and payment
124-6 of uninsured medical expenses;
124-7 (13) special or extraordinary educational, health
124-8 care, or other expenses of the parties or of the child;
124-9 (14) the cost of travel in order to exercise
124-10 possession of and access to a child;
124-11 (15) positive or negative cash flow from any real and
124-12 personal property and assets, including a business and investments;
124-13 (16) debts or debt service assumed by either party;
124-14 and
124-15 (17) any other reason consistent with the best
124-16 interest of the child, taking into consideration the circumstances
124-17 of the parents.
124-18 Sec. 154.124. AGREEMENT CONCERNING SUPPORT. (a) To promote
124-19 the amicable settlement of disputes between the parties to a suit,
124-20 the parties may enter into a written agreement containing
124-21 provisions for support of the child and for modification of the
124-22 agreement, including variations from the child support guidelines
124-23 provided by Subchapter C.
124-24 (b) If the court finds that the agreement is in the child's
124-25 best interest, the court shall render an order in accordance with
124-26 the agreement.
124-27 (c) Terms of the agreement in the order may be enforced by
125-1 all remedies available for enforcement of a judgment, including
125-2 contempt, but are not enforceable as contract terms unless provided
125-3 by the agreement.
125-4 (d) If the court finds the agreement is not in the child's
125-5 best interest, the court may request the parties to submit a
125-6 revised agreement or the court may render an order for the support
125-7 of the child.
125-8 Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES OF
125-9 $6,000 OR LESS. (a) The guidelines for the support of a child in
125-10 this section are specifically designed to apply to situations in
125-11 which the obligor's monthly net resources are $6,000 or less.
125-12 (b) If the obligor's monthly net resources are $6,000 or
125-13 less, the court shall presumptively apply the following schedule in
125-14 rendering the child support order:
125-15 CHILD SUPPORT GUIDELINES
125-16 BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
125-17 1 child 20% of Obligor's Net Resources
125-18 2 children 25% of Obligor's Net Resources
125-19 3 children 30% of Obligor's Net Resources
125-20 4 children 35% of Obligor's Net Resources
125-21 5 children 40% of Obligor's Net Resources
125-22 6+ children Not less than the amount for 5 children
125-23 Sec. 154.126. APPLICATION OF GUIDELINES TO NET RESOURCES OF
125-24 MORE THAN $6,000 MONTHLY. (a) If the obligor's net resources
125-25 exceed $6,000 per month, the court shall presumptively apply the
125-26 percentage guidelines to the first $6,000 of the obligor's net
125-27 resources. Without further reference to the percentage recommended
126-1 by these guidelines, the court may order additional amounts of
126-2 child support as appropriate, depending on the income of the
126-3 parties and the proven needs of the child.
126-4 (b) The proper calculation of a child support order that
126-5 exceeds the presumptive amount established for the first $6,000 of
126-6 the obligor's net resources requires that the entire amount of the
126-7 presumptive award be subtracted from the proven total needs of the
126-8 child. After the presumptive award is subtracted, the court shall
126-9 allocate between the parties the responsibility to meet the
126-10 additional needs of the child according to the circumstances of the
126-11 parties. However, in no event may the obligor be required to pay
126-12 more child support than the greater of the presumptive amount or
126-13 the amount equal to 100 percent of the proven needs of the child.
126-14 Sec. 154.127. PARTIAL TERMINATION OF SUPPORT OBLIGATION. A
126-15 child support order for more than one child shall provide that, on
126-16 the termination of support for a child, the level of support for
126-17 the remaining child or children is in accordance with the child
126-18 support guidelines.
126-19 Sec. 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN
126-20 ONE HOUSEHOLD. (a) In applying the child support guidelines for
126-21 an obligor who has children in more than one household, the court
126-22 shall apply the percentage guidelines in this subchapter by making
126-23 the following computation:
126-24 (1) determine the amount of child support that would
126-25 be ordered if all children whom the obligor has the legal duty to
126-26 support lived in one household by applying the schedule in this
126-27 subchapter;
127-1 (2) compute a child support credit for the obligor's
127-2 children who are not before the court by dividing the amount
127-3 determined under Subdivision (1) by the total number of children
127-4 whom the obligor is obligated to support and multiplying that
127-5 number by the number of the obligor's children who are not before
127-6 the court;
127-7 (3) determine the adjusted net resources of the
127-8 obligor by subtracting the child support credit computed under
127-9 Subdivision (2) from the net resources of the obligor; and
127-10 (4) determine the child support amount for the
127-11 children before the court by applying the percentage guidelines for
127-12 one household for the number of children of the obligor before the
127-13 court to the obligor's adjusted net resources.
127-14 (b) For the purpose of determining a child support credit,
127-15 the total number of an obligor's children includes the children
127-16 before the court for the establishment or modification of a support
127-17 order and any other children, including children residing with the
127-18 obligor, whom the obligor has the legal duty of support.
127-19 (c) The child support credit with respect to children for
127-20 whom the obligor is obligated by an order to pay support is
127-21 computed, regardless of whether the obligor is delinquent in child
127-22 support payments, without regard to the amount of the order.
127-23 Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR
127-24 CHILDREN IN MORE THAN ONE HOUSEHOLD. In lieu of performing the
127-25 computation under the preceding section, the court may determine
127-26 the child support amount for the children before the court by
127-27 applying the percentages in the table below to the obligor's net
128-1 resources:
128-2 MULTIPLE FAMILY ADJUSTED GUIDELINES
128-3 (% OF NET RESOURCES)
128-4 Number of children before the court
128-5 1 2 3 4 5 6 7
128-6 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
128-7 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
128-8 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
128-9 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
128-10 obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
128-11 has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
128-12 duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
128-13 support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
128-14 Sec. 154.130. FINDINGS IN CHILD SUPPORT ORDER. (a) Without
128-15 regard to Rules 296 through 299, Texas Rules of Civil Procedure, in
128-16 rendering an order of child support, the court shall make the
128-17 findings required by Subsection (b) if:
128-18 (1) a party files a written request with the court not
128-19 later than 10 days after the date of the hearing;
128-20 (2) a party makes an oral request in open court during
128-21 the hearing; or
128-22 (3) the amount of child support ordered by the court
128-23 varies from the amount computed by applying the percentage
128-24 guidelines.
128-25 (b) If findings are required by this section, the court
128-26 shall state whether the application of the guidelines would be
128-27 unjust or inappropriate and shall state the following in the child
129-1 support order:
129-2 "(1) the monthly net resources of the obligor per
129-3 month are $______;
129-4 "(2) the monthly net resources of the obligee per
129-5 month are $______;
129-6 "(3) the percentage applied to the obligor's net
129-7 resources for child support by the actual order rendered by the
129-8 court is ______%;
129-9 "(4) the amount of child support if the percentage
129-10 guidelines are applied to the first $6,000 of the obligor's net
129-11 resources is $______;
129-12 "(5) if applicable, the specific reasons that the
129-13 amount of child support per month ordered by the court varies from
129-14 the amount stated in Subdivision (4) are: ______; and
129-15 "(6) if applicable, the obligor is obligated to
129-16 support children in more than one household, and:
129-17 "(A) the number of children before the court is
129-18 ______;
129-19 "(B) the number of children not before the court
129-20 residing in the same household with the obligor is ______; and
129-21 "(C) the number of children not before the court
129-22 for whom the obligor is obligated by a court order to pay support,
129-23 without regard to whether the obligor is delinquent in child
129-24 support payments, and who are not counted under Paragraph (A) or
129-25 (B) is ______."
129-26 Sec. 154.131. APPLICATION OF GUIDELINES TO RETROACTIVE
129-27 SUPPORT. (a) The child support guidelines are intended to guide
130-1 the court in determining the amount of retroactive child support,
130-2 if any, to be ordered.
130-3 (b) In ordering retroactive child support, the court shall
130-4 consider the net resources of the obligor during the relevant time
130-5 period and whether:
130-6 (1) the mother of the child had made any previous
130-7 attempts to notify the biological father of his paternity or
130-8 probable paternity;
130-9 (2) the biological father had knowledge of his
130-10 paternity or probable paternity;
130-11 (3) the order of retroactive child support will impose
130-12 an undue financial hardship on the obligor or the obligor's family;
130-13 and
130-14 (4) the obligor has provided actual support or other
130-15 necessaries before the filing of the action.
130-16 (Sections 154.132-154.180 reserved for expansion)
130-17 SUBCHAPTER D. MEDICAL SUPPORT FOR CHILD
130-18 Sec. 154.181. MEDICAL SUPPORT ORDER. In a suit affecting
130-19 the parent-child relationship or in a proceeding under Chapter 159,
130-20 the court shall render an order for the medical support of the
130-21 child.
130-22 Sec. 154.182. HEALTH INSURANCE. (a) The court shall
130-23 consider the cost and quality of health insurance coverage
130-24 available to the parties and shall give priority to health
130-25 insurance coverage available through the employment of one of the
130-26 parties.
130-27 (b) In determining the manner in which health insurance for
131-1 the child is to be ordered, the court shall render its order in
131-2 accordance with the following priorities, unless a party shows good
131-3 cause why a particular order would not be in the best interest of
131-4 the child:
131-5 (1) if health insurance is available for the child
131-6 through the obligor's employment or membership in a union, trade
131-7 association, or other organization, the court shall order the
131-8 obligor to include the child in the obligor's health insurance;
131-9 (2) if health insurance is not available for the child
131-10 through the obligor's employment but is available for the child
131-11 through the obligee's employment or membership in a union, trade
131-12 association, or other organization, the court may order the obligee
131-13 to provide health insurance for the child, and, in such event,
131-14 shall order the obligor to pay additional child support to be
131-15 withheld from earnings under Chapter 158 to the obligee for the
131-16 actual cost of the health insurance for the child; or
131-17 (3) if health insurance is not available for the child
131-18 under Subdivision (1) or (2), the court shall order the obligor to
131-19 provide health insurance for the child if the court finds that
131-20 health insurance is available for the child from another source and
131-21 that the obligor is financially able to provide it.
131-22 Sec. 154.183. HEALTH INSURANCE ADDITIONAL SUPPORT DUTY OF
131-23 OBLIGOR. (a) An amount that an obligor is required to pay for
131-24 health insurance for the child:
131-25 (1) is in addition to the amount that the obligor is
131-26 required to pay for child support under the guidelines for child
131-27 support;
132-1 (2) is a child support obligation; and
132-2 (3) may be enforced as a child support obligation.
132-3 (b) If the court finds and states in the child support order
132-4 that the obligee will maintain health insurance coverage for the
132-5 child at the obligee's expense, the court may increase the amount
132-6 of child support to be paid by the obligor in an amount not
132-7 exceeding the total expense to the obligee for maintaining health
132-8 insurance coverage.
132-9 (c) As additional child support, the court shall allocate
132-10 between the parties, according to their circumstances, the
132-11 reasonable and necessary health care expenses of a child that are
132-12 not reimbursed by health insurance.
132-13 Sec. 154.184. EFFECT OF ORDER. (a) For purposes of
132-14 enrolling a child in a health insurance program under this
132-15 subchapter, a medical support order requiring that health insurance
132-16 be provided for a child shall be considered a change in the family
132-17 circumstances of the covered person equivalent to the birth or
132-18 adoption of a child by the covered person.
132-19 (b) On receipt of the order by the employer, the child shall
132-20 be automatically enrolled for the first 31 days after the receipt
132-21 of the order by the employer on the same terms and conditions as
132-22 apply to a dependent child.
132-23 (c) On receipt of the order by the employer, the employer
132-24 shall notify the insurer of the automatic enrollment.
132-25 (d) During the 31-day period, the policyholder shall apply
132-26 for coverage for the child in accordance with the medical support
132-27 order.
133-1 Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The court
133-2 shall order a parent providing health insurance to furnish to
133-3 either the obligee, obligor, local domestic relations office, or
133-4 Title IV-D agency the following information not later than the 30th
133-5 day after the date the notice of rendition of the order is
133-6 received:
133-7 (1) the social security number of the parent;
133-8 (2) the name and address of the parent's employer;
133-9 (3) whether the employer is self-insured or has health
133-10 insurance available;
133-11 (4) proof that health insurance has been provided for
133-12 the child;
133-13 (5) if the employer has health insurance available,
133-14 the name of the health insurance carrier, the number of the policy,
133-15 a copy of the policy and schedule of benefits, a health insurance
133-16 membership card, claim forms, and any other information necessary
133-17 to submit a claim; and
133-18 (6) if the employer is self-insured, a copy of the
133-19 schedule of benefits, a membership card, claim forms, and any other
133-20 information necessary to submit a claim.
133-21 (b) The court shall also order a parent providing health
133-22 insurance to furnish the obligor, obligee, local domestic relations
133-23 office, or Title IV-D agency with additional information regarding
133-24 health insurance coverage not later than the 15th day after the
133-25 date the information is received by the parent.
133-26 Sec. 154.186. NOTICE TO EMPLOYER. The obligee, obligor,
133-27 local domestic relations office, or Title IV-D agency may send a
134-1 certified copy of the order requiring an employee to provide health
134-2 insurance coverage for the child to the employer by certified mail,
134-3 return receipt requested. The order is binding on the employer on
134-4 receipt.
134-5 Sec. 154.187. DUTIES OF EMPLOYER. (a) On receipt of an
134-6 order directing that health insurance coverage be extended to a
134-7 child of an employee, an employer shall immediately enroll the
134-8 child in a health insurance plan available to the employee. If the
134-9 employer is not able to immediately enroll the child, the employer
134-10 shall enroll the child at the next available enrollment period as a
134-11 dependent of the employee. If dependent coverage is not available
134-12 to the employee through the employer's health insurance plan, the
134-13 employer is responsible for providing notice of this fact but is
134-14 not responsible or otherwise liable for providing such coverage.
134-15 (b) If additional premiums are incurred as a result of
134-16 adding the child to the health insurance plan, the employer shall
134-17 deduct the health insurance premium from the earnings of the
134-18 employee in accordance with Chapter 158 and apply the amount
134-19 withheld to payment of the insurance premium.
134-20 (c) An employer who has received an order under this
134-21 subchapter shall provide to the sender, by first class mail not
134-22 later than the 30th day after the date the employer receives the
134-23 order, a statement that the child:
134-24 (1) has been enrolled in a health insurance plan;
134-25 (2) will be enrolled in a health insurance plan at the
134-26 next available enrollment period and provide the expected date of
134-27 such enrollment; or
135-1 (3) cannot be enrolled in a health insurance plan and
135-2 provide the reason why coverage cannot be provided.
135-3 (d) If the employee ceases employment or if the health
135-4 insurance coverage lapses, the employer shall provide to the
135-5 sender, by first class mail not later than the 15th day after the
135-6 date of the termination of employment or the lapse of the coverage,
135-7 notice of conversion privileges, if any.
135-8 (e) On request, the employer shall release to the sender
135-9 information concerning the available health insurance coverage,
135-10 including the name of the health insurance carrier, the policy
135-11 number, a copy of the policy and schedule of benefits, a health
135-12 insurance membership card, and claim forms.
135-13 (f) In this section, "sender" means the person sending the
135-14 order under Section 154.186.
135-15 Sec. 154.188. FAILURE TO PROVIDE REQUIRED HEALTH INSURANCE.
135-16 A parent ordered to provide health insurance who fails to do so is
135-17 liable for necessary medical expenses of the child, without regard
135-18 to whether the expenses would have been paid if health insurance
135-19 had been provided.
135-20 Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
135-21 COVERAGE. An obligor ordered to provide health insurance coverage
135-22 for a child must notify the obligee of the:
135-23 (1) termination or lapse of health insurance coverage
135-24 for the child not later than the 15th day after the date of a
135-25 termination or lapse; and
135-26 (2) availability of additional health insurance to the
135-27 obligor for the child after a termination or lapse of coverage not
136-1 later than the 15th day after the date the insurance becomes
136-2 available.
136-3 Sec. 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE.
136-4 After health insurance has been terminated or has lapsed, an
136-5 obligor ordered to provide health insurance coverage for the child
136-6 must enroll the child in a health insurance plan at the next
136-7 available enrollment period.
136-8 Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) This subchapter
136-9 does not limit the rights of the obligor, obligee, local domestic
136-10 relations office, or Title IV-D agency to enforce, modify, or
136-11 clarify the medical support order.
136-12 (b) This subchapter does not limit the authority of the
136-13 court to render or modify a medical support order containing a
136-14 provision for payment of uninsured health expenses, health care
136-15 costs, or health insurance premiums that are in addition to and
136-16 inconsistent with this subchapter.
136-17 Sec. 154.192. HEALTH MAINTENANCE ORGANIZATION. This
136-18 subchapter does not require a health maintenance organization to
136-19 provide coverage to a child who resides outside the geographic
136-20 service area.
136-21 (Sections 154.193-154.240 reserved for expansion)
136-22 SUBCHAPTER E. LOCAL CHILD SUPPORT REGISTRY
136-23 Sec. 154.241. LOCAL REGISTRY. (a) A local registry shall
136-24 receive a court-ordered child support payment or a payment
136-25 otherwise authorized by law and shall forward the payment, as
136-26 appropriate, to the Title IV-D agency, local domestic relations
136-27 office, or obligee within two working days after the date the local
137-1 registry receives the payment.
137-2 (b) A local registry may not require an obligor, obligee, or
137-3 other party or entity to furnish a certified copy of a court order
137-4 as a condition of processing child support payments and shall
137-5 accept as sufficient authority to process the payments a photocopy,
137-6 facsimile copy, or conformed copy of the court's order.
137-7 (c) A local registry shall include with each payment it
137-8 forwards to the Title IV-D agency the date it received the payment
137-9 and the withholding date furnished by the employer.
137-10 (d) A local registry shall accept child support payments
137-11 made by personal check, money order, or cashier's check. A local
137-12 registry may refuse payment by personal check if a pattern of abuse
137-13 regarding the use of personal checks has been established. Abuse
137-14 includes checks drawn on insufficient funds, abusive or offensive
137-15 language written on the check, intentional mutilation of the
137-16 instrument, or other actions that delay or disrupt the registry's
137-17 operation.
137-18 Sec. 154.242. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
137-19 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
137-20 made by electronic funds transfer to the Title IV-D agency or a
137-21 local registry if the registry agrees to accept electronic payment.
137-22 (b) A local registry may transmit child support payments to
137-23 the Title IV-D agency by electronic funds transfer if the Title
137-24 IV-D agency agrees to accept electronic payment.
137-25 Sec. 154.243. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
137-26 The Title IV-D agency or a local registry may comply with a
137-27 subpoena or other order directing the production of a child support
138-1 payment record by sending a certified copy of the record to the
138-2 court that directed production of the record.
138-3 (Sections 154.244-154.300 reserved for expansion)
138-4 SUBCHAPTER F. SUPPORT FOR A MINOR OR ADULT DISABLED CHILD
138-5 Sec. 154.301. DEFINITIONS. In this subchapter:
138-6 (1) "Adult child" means a child 18 years of age or
138-7 older.
138-8 (2) "Child" means a son or daughter of any age.
138-9 Sec. 154.302. COURT-ORDERED SUPPORT FOR DISABLED CHILD. The
138-10 court may order either or both parents to provide for the support
138-11 of a child for an indefinite period and may determine the rights
138-12 and duties of the parents if the court finds that:
138-13 (1) the child, whether institutionalized or not,
138-14 requires substantial care and personal supervision because of a
138-15 mental or physical disability and will not be capable of
138-16 self-support; and
138-17 (2) the disability exists, or the cause of the
138-18 disability is known to exist, on or before the 18th birthday of the
138-19 child.
138-20 Sec. 154.303. ONLY A PARENT HAS STANDING TO SUE. (a) A
138-21 suit provided by this subchapter may be filed only by a parent of
138-22 the child.
138-23 (b) The parent may not transfer or assign the cause of
138-24 action to any person, including a governmental or private entity or
138-25 agency, except for an assignment made to the Title IV-D agency.
138-26 Sec. 154.304. GENERAL PROCEDURE. Except as otherwise
138-27 provided by this subchapter, the substantive and procedural rights
139-1 and remedies in a suit affecting the parent-child relationship
139-2 relating to the establishment, modification, or enforcement of a
139-3 child support order apply to a suit filed and an order rendered
139-4 under this subchapter.
139-5 Sec. 154.305. SPECIFIC PROCEDURES. (a) A suit under this
139-6 subchapter may be filed:
139-7 (1) regardless of the age of the child; and
139-8 (2) as an independent cause of action or joined with
139-9 any other claim or remedy provided by this code.
139-10 (b) If no court has continuing, exclusive jurisdiction of
139-11 the child, an action under this subchapter may be filed as an
139-12 original suit affecting the parent-child relationship.
139-13 (c) If there is a court of continuing, exclusive
139-14 jurisdiction, an action under this subchapter may be filed as a
139-15 suit for modification as provided by Chapter 156.
139-16 Sec. 154.306. AMOUNT OF SUPPORT AFTER AGE 18. In
139-17 determining the amount of support to be paid after a child's 18th
139-18 birthday, the specific terms and conditions of that support, and
139-19 the rights and duties of both parents with respect to the support
139-20 of the child, the court shall determine and give special
139-21 consideration to:
139-22 (1) any existing or future needs of the adult child
139-23 directly related to the adult child's mental or physical disability
139-24 and the substantial care and personal supervision directly required
139-25 by or related to that disability;
139-26 (2) whether the parent pays for or will pay for the
139-27 care or supervision of the adult child or provides or will provide
140-1 substantial care or personal supervision of the adult child;
140-2 (3) the financial resources available to both parents
140-3 for the support, care, and supervision of the adult child; and
140-4 (4) any other financial resources or other resources
140-5 or programs available for the support, care, and supervision of the
140-6 adult child.
140-7 Sec. 154.307. MODIFICATION AND ENFORCEMENT. An order
140-8 provided by this subchapter may contain provisions governing the
140-9 rights and duties of both parents with respect to the support of
140-10 the child and may be modified or enforced in the same manner as any
140-11 other order provided by this title.
140-12 Sec. 154.308. REMEDY NOT EXCLUSIVE. (a) This subchapter
140-13 does not affect a parent's:
140-14 (1) cause of action for the support of a disabled
140-15 child under any other law; or
140-16 (2) ability to contract for the support of a disabled
140-17 child.
140-18 (b) This subchapter does not affect the substantive or
140-19 procedural rights or remedies of a person other than a parent,
140-20 including a governmental or private entity or agency, with respect
140-21 to the support of a disabled child under any other law.
140-22 CHAPTER 155. CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER
140-23 SUBCHAPTER A. CONTINUING, EXCLUSIVE JURISDICTION
140-24 Sec. 155.001. Acquiring Continuing, Exclusive Jurisdiction.
140-25 (a) Except as otherwise provided by this section, a court acquires
140-26 continuing, exclusive jurisdiction over the matters provided for by
140-27 this subtitle in connection with a child on the rendition of a
141-1 final order.
141-2 (b) The following final orders do not create continuing,
141-3 exclusive jurisdiction in a court:
141-4 (1) a voluntary or involuntary dismissal of a suit
141-5 affecting the parent-child relationship;
141-6 (2) in a suit to determine parentage, a final order
141-7 finding that an alleged or presumed father is not the biological
141-8 father of the child, except that the jurisdiction of the court is
141-9 not affected if the child was subject to the jurisdiction of the
141-10 court or some other court in a suit affecting the parent-child
141-11 relationship before the commencement of the suit to determine
141-12 parentage; and
141-13 (3) a final order of adoption, after which a
141-14 subsequent suit affecting the child must be commenced as though the
141-15 child had not been the subject of a suit for adoption or any other
141-16 suit affecting the parent-child relationship before the adoption.
141-17 (c) If a court of this state has acquired continuing,
141-18 exclusive jurisdiction, no other court of this state has
141-19 jurisdiction of a suit with regard to that child except as provided
141-20 by this chapter or Chapter 262.
141-21 (d) Unless a final order has been rendered by a court of
141-22 continuing, exclusive jurisdiction, a subsequent suit shall be
141-23 commenced as an original proceeding.
141-24 Sec. 155.002. RETAINING CONTINUING, EXCLUSIVE JURISDICTION.
141-25 Except as otherwise provided by this subchapter, a court with
141-26 continuing, exclusive jurisdiction retains jurisdiction of the
141-27 parties and matters provided by this subtitle.
142-1 Sec. 155.003. EXERCISE OF CONTINUING, EXCLUSIVE
142-2 JURISDICTION. (a) Except as otherwise provided by this section, a
142-3 court with continuing, exclusive jurisdiction may exercise its
142-4 jurisdiction to modify its order regarding managing
142-5 conservatorship, possessory conservatorship, possession of and
142-6 access to the child, and support of the child.
142-7 (b) A court of this state may not exercise its continuing,
142-8 exclusive jurisdiction to modify managing conservatorship if:
142-9 (1) the child's home state is other than this state;
142-10 or
142-11 (2) modification is precluded by Chapter 152.
142-12 (c) A court of this state may not exercise its continuing,
142-13 exclusive jurisdiction to modify possessory conservatorship or
142-14 possession of or access to a child if:
142-15 (1) the child's home state is other than this state
142-16 and all parties have established and continue to maintain their
142-17 principal residence outside this state; or
142-18 (2) each individual party has filed written consent
142-19 with the tribunal of this state for a tribunal of another state to
142-20 modify the order and assume continuing, exclusive jurisdiction of
142-21 the suit.
142-22 (d) A court of this state may not exercise its continuing,
142-23 exclusive jurisdiction to modify its child support order if
142-24 modification is precluded by Chapter 159.
142-25 Sec. 155.004. LOSS OF CONTINUING, EXCLUSIVE JURISDICTION.
142-26 (a) A court of this state loses its continuing, exclusive
142-27 jurisdiction to modify its order if:
143-1 (1) an order of adoption is rendered after the court
143-2 acquires continuing, exclusive jurisdiction of the suit;
143-3 (2) the parents of the child have remarried each other
143-4 after the dissolution of a previous marriage between them and file
143-5 a suit for the dissolution of their subsequent marriage combined
143-6 with a suit affecting the parent-child relationship as if there had
143-7 not been a prior court with continuing, exclusive jurisdiction over
143-8 the child; or
143-9 (3) another court assumed jurisdiction over a suit and
143-10 rendered a final order based on incorrect information received from
143-11 the Department of Protective and Regulatory Services that there was
143-12 no court of continuing, exclusive jurisdiction.
143-13 (b) This section does not affect the power of the court to
143-14 enforce its order for a violation that occurred before the time
143-15 continuing, exclusive jurisdiction was lost under this section.
143-16 Sec. 155.005. JURISDICTION PENDING TRANSFER. (a) During
143-17 the transfer of a suit from a court with continuing, exclusive
143-18 jurisdiction, the transferring court retains jurisdiction to render
143-19 temporary orders.
143-20 (b) The jurisdiction of the transferring court terminates on
143-21 the docketing of the case in the transferee court.
143-22 (Sections 155.006-155.100 reserved for expansion)
143-23 SUBCHAPTER B. IDENTIFICATION OF COURT OF CONTINUING,
143-24 EXCLUSIVE JURISDICTION
143-25 Sec. 155.101. REQUEST FOR IDENTIFICATION OF COURT OF
143-26 CONTINUING, EXCLUSIVE JURISDICTION. (a) The petitioner or the
143-27 court shall request from the Department of Protective and
144-1 Regulatory Services identification of the court that last had
144-2 continuing, exclusive jurisdiction of the child in a suit unless:
144-3 (1) the petition alleges that no court has continuing,
144-4 exclusive jurisdiction of the child and the issue is not disputed
144-5 by the pleadings; or
144-6 (2) the petition alleges that the court in which the
144-7 suit, petition for further remedy, or petition to modify has been
144-8 filed has acquired and retains continuing, exclusive jurisdiction
144-9 of the child as the result of a prior proceeding and the issue is
144-10 not disputed by the pleadings.
144-11 (b) The department shall, on the written request of the
144-12 court, an attorney, or a party:
144-13 (1) identify the court that last had continuing,
144-14 exclusive jurisdiction of the child in a suit and give the docket
144-15 number of the suit; or
144-16 (2) state that the child has not been the subject of a
144-17 suit.
144-18 (c) The child shall be identified in the request by name,
144-19 birthdate, and place of birth.
144-20 (d) The department shall transmit the information not later
144-21 than the 10th day after the date on which the request is received.
144-22 Sec. 155.102. DISMISSAL. If a court in which a suit is
144-23 filed determines that another court has continuing, exclusive
144-24 jurisdiction of the child, the court in which the suit is filed
144-25 shall dismiss the suit without prejudice.
144-26 Sec. 155.103. RELIANCE ON DEPARTMENT INFORMATION. (a) A
144-27 court shall have jurisdiction over a suit if it has been, correctly
145-1 or incorrectly, informed by the Department of Protective and
145-2 Regulatory Services that the child has not been the subject of a
145-3 suit and the petition states that no other court has continuing,
145-4 exclusive jurisdiction over the child.
145-5 (b) If the department notifies the court that the department
145-6 has furnished incorrect information regarding the existence of
145-7 another court with continuing, exclusive jurisdiction before the
145-8 rendition of a final order, the provisions of this chapter apply.
145-9 Sec. 155.104. VOIDABLE ORDER. (a) If a request for
145-10 information from the Department of Protective and Regulatory
145-11 Services relating to the identity of the court having continuing,
145-12 exclusive jurisdiction of the child has been made under this
145-13 subchapter, a final order, except an order of dismissal, may not be
145-14 rendered until the information is filed with the court.
145-15 (b) If a final order is rendered in the absence of the
145-16 filing of the information from the department, the order is
145-17 voidable on a showing that a court other than the court that
145-18 rendered the order had continuing, exclusive jurisdiction.
145-19 (Sections 155.105-155.200 reserved for expansion)
145-20 SUBCHAPTER C. TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION
145-21 Sec. 155.201. MANDATORY TRANSFER. (a) On a showing that a
145-22 suit for dissolution of the marriage of the child's parents has
145-23 been filed in another court, the court having continuing, exclusive
145-24 jurisdiction of a suit affecting the parent-child relationship
145-25 shall transfer the proceedings to the court in which the
145-26 dissolution of the marriage is pending.
145-27 (b) If a suit to modify or a motion to enforce an order is
146-1 filed in the court having continuing, exclusive jurisdiction of a
146-2 suit, on the timely motion of a party the court shall transfer the
146-3 proceeding to another county in this state if the child has resided
146-4 in the other county for six months or longer.
146-5 Sec. 155.202. DISCRETIONARY TRANSFER. (a) If the basis of
146-6 a motion to transfer a proceeding under this subchapter is that the
146-7 child resides in another county, the court may deny the motion if
146-8 it is shown that the child has resided in that county for less than
146-9 six months at the time the proceeding is commenced.
146-10 (b) For the convenience of the parties and witnesses and in
146-11 the interest of justice, the court, on the timely motion of a
146-12 party, may transfer the proceeding to a proper court in another
146-13 county in the state.
146-14 Sec. 155.203. DETERMINING COUNTY OF CHILD'S RESIDENCE. In
146-15 computing the time during which the child has resided in a county,
146-16 the court may not require that the period of residence be
146-17 continuous and uninterrupted but shall look to the child's
146-18 principal residence during the six-month period preceding the
146-19 commencement of the suit.
146-20 Sec. 155.204. PROCEDURE FOR TRANSFER. (a) A motion to
146-21 transfer by a petitioner or movant is timely if it is made at the
146-22 time the initial pleadings are filed. A motion to transfer by
146-23 another party is timely if it is made on or before the first Monday
146-24 after the 20th day after the date of service of citation or notice
146-25 of the suit or before the commencement of the hearing, whichever is
146-26 sooner. If a timely motion to transfer has been filed and no
146-27 controverting affidavit is filed within the period allowed for its
147-1 filing, the proceeding shall be transferred promptly without a
147-2 hearing to the proper court.
147-3 (b) On or before the first Monday after the 20th day after
147-4 the date of notice of a motion to transfer is served, a party
147-5 desiring to contest the motion must file a controverting affidavit
147-6 denying that grounds for the transfer exist.
147-7 (c) If a controverting affidavit contesting the motion to
147-8 transfer is filed, each party is entitled to notice not less than
147-9 10 days before the date of the hearing on the motion to transfer.
147-10 (d) Only evidence pertaining to the transfer may be taken at
147-11 the hearing.
147-12 (e) An order transferring or refusing to transfer the
147-13 proceeding is not subject to interlocutory appeal.
147-14 Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On
147-15 rendition of an order transferring continuing, exclusive
147-16 jurisdiction to another court, the transferring court shall also
147-17 order that all future payments of child support be made to the
147-18 local registry of the transferee court.
147-19 (b) The transferring court's local registry shall continue
147-20 to receive, record, and disburse child support payments to the
147-21 payee until it receives notice that the transferred case has been
147-22 docketed by the transferee court.
147-23 (c) After receiving notice of docketing from the transferee
147-24 court, the transferring court's local registry shall send a
147-25 certified copy of the child support payment record to the clerk of
147-26 the transferee court and shall forward any payments received to the
147-27 transferee court's local registry.
148-1 Sec. 155.206. EFFECT OF TRANSFER. (a) A court to which a
148-2 transfer is made becomes the court of continuing, exclusive
148-3 jurisdiction and all proceedings in the suit are continued as if it
148-4 were brought there originally.
148-5 (b) A judgment or order transferred has the same effect and
148-6 shall be enforced as if originally rendered in the transferee
148-7 court.
148-8 (c) The transferee court shall enforce a judgment or order
148-9 of the transferring court by contempt or by any other means by
148-10 which the transferring court could have enforced its judgment or
148-11 order. The transferee court shall have the power to punish
148-12 disobedience of the transferring court's order, whether occurring
148-13 before or after the transfer, by contempt.
148-14 (d) After the transfer, the transferring court does not
148-15 retain jurisdiction of the child who is the subject of the suit,
148-16 nor does it have jurisdiction to enforce its order for a violation
148-17 occurring before or after the transfer of jurisdiction.
148-18 Sec. 155.207. TRANSFER OF COURT FILES. (a) On rendition of
148-19 an order of transfer, the clerk of the court transferring a
148-20 proceeding shall send to the proper court in the county to which
148-21 transfer is being made:
148-22 (1) the complete files in all matters affecting the
148-23 child;
148-24 (2) certified copies of all entries in the minutes;
148-25 (3) a certified copy of any order of dissolution of
148-26 marriage rendered in a suit joined with the suit affecting the
148-27 parent-child relationship; and
149-1 (4) a certified copy of each order rendered.
149-2 (b) The clerk of the transferring court shall keep a copy of
149-3 the transferred files. If the transferring court retains
149-4 jurisdiction of another child who was the subject of the suit, the
149-5 clerk shall send a copy of the complete files to the court to which
149-6 the transfer is made and shall keep the original files.
149-7 (c) On receipt of the files, documents, and orders from the
149-8 transferring court, the clerk of the transferee court shall docket
149-9 the suit and shall notify all parties, the clerk of the
149-10 transferring court, and the transferring court's local registry
149-11 that the suit has been docketed.
149-12 (d) The clerk of the transferring court shall send a
149-13 certified copy of the order directing payments to the transferee
149-14 court, to any party or employer affected by that order, and to the
149-15 local registry of the transferee court.
149-16 (Sections 155.208-155.300 reserved for expansion)
149-17 SUBCHAPTER D. TRANSFER OF PROCEEDINGS WITHIN THE STATE
149-18 WHEN PARTY OR CHILD RESIDES OUTSIDE THE STATE
149-19 Sec. 155.301. AUTHORITY TO TRANSFER. (a) A court of this
149-20 state with continuing, exclusive jurisdiction over a suit or an
149-21 action for child support under Chapter 159 shall transfer the
149-22 proceeding to the county of residence of the resident party if one
149-23 party is a resident of this state and all other parties including
149-24 the child or all of the children affected by the proceedings reside
149-25 outside this state.
149-26 (b) If one or more of the parties affected by the
149-27 proceedings reside outside the state and if more than one party or
150-1 one or more children affected by the proceeding reside in this
150-2 state in different counties, the court shall transfer the
150-3 proceeding according to the following priorities:
150-4 (1) to the court of continuing, exclusive
150-5 jurisdiction, if any;
150-6 (2) to the county of residence of the child, if
150-7 applicable, provided that:
150-8 (A) Subdivision (1) is inapplicable; or
150-9 (B) the court of continuing, exclusive
150-10 jurisdiction finds that neither a party nor a child affected by the
150-11 proceeding resides in the county of the court of continuing,
150-12 exclusive jurisdiction; or
150-13 (3) if Subdivisions (1) and (2) are inapplicable, to
150-14 the county most appropriate to serve the convenience of the
150-15 resident parties, the witnesses, and the interest of justice.
150-16 (c) If a transfer of continuing, exclusive jurisdiction is
150-17 sought under this section, the procedures for determining and
150-18 effecting a transfer of proceedings provided by this chapter apply.
150-19 CHAPTER 156. MODIFICATION
150-20 SUBCHAPTER A. GENERAL PROVISIONS
150-21 Sec. 156.001. ORDERS SUBJECT TO MODIFICATION. A court with
150-22 continuing, exclusive jurisdiction may modify an order that
150-23 provides for the conservatorship, support, or possession of and
150-24 access to a child.
150-25 Sec. 156.002. WHO CAN FILE. (a) A party affected by an
150-26 order may file a suit for modification in the court with
150-27 continuing, exclusive jurisdiction.
151-1 (b) A person or entity who, at the time of filing, has
151-2 standing to sue under Chapter 102 may file a suit for modification
151-3 in the court with continuing, exclusive jurisdiction.
151-4 Sec. 156.003. NOTICE. A party whose rights, privileges,
151-5 duties, or powers may be affected by a suit for modification is
151-6 entitled to receive notice by service of citation.
151-7 Sec. 156.004. PROCEDURE. The Texas Rules of Civil Procedure
151-8 applicable to the filing of an original lawsuit apply to a suit for
151-9 modification under this chapter.
151-10 Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION. If
151-11 the court finds that a suit for modification is filed frivolously
151-12 or is designed to harass a party, the court shall tax attorney's
151-13 fees as costs against the offending party.
151-14 Sec. 156.006. TEMPORARY ORDERS. (a) Except as provided by
151-15 Subsection (b), the court may render a temporary order in a suit
151-16 for modification.
151-17 (b) While a suit for modification is pending, the court may
151-18 not render a temporary order that has the effect of changing the
151-19 designation of a sole or joint managing conservator appointed in a
151-20 final order unless:
151-21 (1) the order is necessary because the child's present
151-22 living environment may endanger the child's physical health or
151-23 significantly impair the child's emotional development;
151-24 (2) the child's managing conservator has voluntarily
151-25 relinquished the actual care, control, and possession of the child
151-26 for more than six months and the temporary order is in the best
151-27 interest of the child; or
152-1 (3) the child is 12 years of age or older and has
152-2 filed with the court in writing the name of the person who is the
152-3 child's choice for managing conservator and the temporary order
152-4 naming that person as managing conservator is in the best interest
152-5 of the child.
152-6 (Sections 156.007-156.100 reserved for expansion)
152-7 SUBCHAPTER B. MODIFICATION OF SOLE MANAGING CONSERVATORSHIP
152-8 Sec. 156.101. GROUNDS FOR MODIFICATION OF SOLE MANAGING
152-9 CONSERVATORSHIP. The court may modify an order that designates a
152-10 sole managing conservator if:
152-11 (1) the circumstances of the child, sole managing
152-12 conservator, possessory conservator, or other party affected by the
152-13 order have materially and substantially changed since the date of
152-14 the rendition of the order;
152-15 (2) the retention of the present sole managing
152-16 conservator would be injurious to the welfare of the child; and
152-17 (3) the appointment of the new sole managing
152-18 conservator would be a positive improvement for the child.
152-19 Sec. 156.102. MODIFICATION OF SOLE MANAGING CONSERVATORSHIP
152-20 WITHIN ONE YEAR OF ORDER. (a) If a suit seeking to modify sole
152-21 managing conservatorship is filed not later than one year after the
152-22 date of rendition of the order, the person filing the suit shall
152-23 execute and attach an affidavit as provided by Subsection (b).
152-24 (b) The affidavit must contain, along with supporting facts,
152-25 at least one of the following allegations:
152-26 (1) that the child's present environment may endanger
152-27 the child's physical health or significantly impair the child's
153-1 emotional development;
153-2 (2) that the sole managing conservator is the person
153-3 seeking or consenting to the modification and the modification is
153-4 in the best interest of the child; or
153-5 (3) that the child's sole managing conservator has
153-6 voluntarily relinquished the actual care, control, and possession
153-7 of the child for not less than six months and the modification is
153-8 in the best interest of the child.
153-9 (c) The court shall deny the relief sought and refuse to
153-10 schedule a hearing for modification under this section unless the
153-11 court determines, on the basis of the affidavit, that facts
153-12 adequate to support an allegation listed in Subsection (b) are
153-13 stated in the affidavit. If the court determines that the facts
153-14 stated are adequate to support an allegation, the court shall set a
153-15 time and place for the hearing.
153-16 Sec. 156.103. VOLUNTARY RELINQUISHMENT. The court may
153-17 modify an order that designates a sole managing conservator if the
153-18 sole managing conservator has voluntarily relinquished actual care,
153-19 control, and possession of the child for a period of not less than
153-20 six months and the modification is in the best interest of the
153-21 child.
153-22 Sec. 156.104. MODIFICATION FROM SOLE MANAGING
153-23 CONSERVATORSHIP TO JOINT MANAGING CONSERVATORSHIP. (a) The court
153-24 may modify an order that designates a sole managing conservator if
153-25 a parent of the child requests appointment as a joint managing
153-26 conservator and the court finds that:
153-27 (1) the circumstances of the child or the sole
154-1 managing conservator have materially and substantially changed
154-2 since the rendition of the order;
154-3 (2) retention of a sole managing conservatorship would
154-4 be detrimental to the welfare of the child; and
154-5 (3) the appointment of the parent as a joint managing
154-6 conservator would be a positive improvement for and in the best
154-7 interest of the child.
154-8 (b) An order of joint conservatorship, in and of itself,
154-9 does not constitute grounds for modifying a support order.
154-10 Sec. 156.105. STATUTORY CHANGE OF CIRCUMSTANCE. (a) The
154-11 power of the court to order a joint managing conservatorship under
154-12 Chapter 153 is a material and substantial change of circumstances
154-13 sufficient to justify a modification of an existing sole managing
154-14 conservatorship to a joint managing conservatorship if the sole
154-15 managing conservatorship was ordered in a suit affecting the
154-16 parent-child relationship in which a final order was rendered on or
154-17 after September 1, 1987.
154-18 (b) The power of the court to order a joint managing
154-19 conservatorship is not a material and substantial change of
154-20 circumstances sufficient to justify a modification of an existing
154-21 sole managing conservatorship to a joint managing conservatorship
154-22 if the sole managing conservatorship was ordered in a suit
154-23 affecting the parent-child relationship in which a final order was
154-24 rendered before September 1, 1987.
154-25 (Sections 156.106-156.200 reserved for expansion)
154-26 SUBCHAPTER C. MODIFICATION OF JOINT MANAGING CONSERVATORSHIP
154-27 Sec. 156.201. WRITTEN AGREEMENT TO MODIFY JOINT MANAGING
155-1 CONSERVATORSHIP. The joint managing conservators may enter into a
155-2 written agreement to modify the terms and conditions of an existing
155-3 joint conservatorship order, and the court may modify the existing
155-4 order according to the agreement if the court finds that the
155-5 modification meets the standards for joint managing conservatorship
155-6 in Chapter 153.
155-7 Sec. 156.202. MODIFICATION OF TERMS AND CONDITIONS OF JOINT
155-8 MANAGING CONSERVATORSHIP. The court may modify the terms and
155-9 conditions of a joint conservatorship order if:
155-10 (1)(A) the circumstances of the child or of one or
155-11 both of the joint managing conservators have materially and
155-12 substantially changed since the rendition of the order; or
155-13 (B) the order has become unworkable or
155-14 inappropriate under existing circumstances; and
155-15 (2) a modification of the terms and conditions of the
155-16 order would be a positive improvement for and in the best interest
155-17 of the child.
155-18 Sec. 156.203. MODIFICATION FROM JOINT MANAGING
155-19 CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP. The court may
155-20 replace a joint managing conservatorship with a sole managing
155-21 conservatorship if:
155-22 (1)(A) the welfare of the child is a matter of
155-23 immediate and serious concern;
155-24 (B) there has been a substantial and unexcused
155-25 violation of the terms and conditions established in the existing
155-26 conservatorship order; or
155-27 (C) the circumstances of the child or of one or
156-1 both of the joint managing conservators have so materially and
156-2 substantially changed since the rendition of the order that it has
156-3 become unworkable or inappropriate under existing circumstances;
156-4 and
156-5 (2) the appointment of a sole managing conservator
156-6 would be a positive improvement for and in the best interest of the
156-7 child.
156-8 (Sections 156.204-156.300 reserved for expansion)
156-9 SUBCHAPTER D. MODIFICATION OF POSSESSION OF OR ACCESS TO CHILD
156-10 Sec. 156.301. GROUNDS FOR MODIFICATION OF POSSESSION AND
156-11 ACCESS. The court may modify an order that sets the terms and
156-12 conditions for possession of or access to a child or that
156-13 prescribes the relative rights, privileges, duties, and powers of
156-14 conservators if:
156-15 (1) the circumstances of the child or a person
156-16 affected by the order have materially and substantially changed
156-17 since the date of the rendition of the order;
156-18 (2) the order has become unworkable or inappropriate
156-19 under existing circumstances;
156-20 (3) the notice of change of a conservator's residence
156-21 required by Chapter 153 was not given or there was a change in a
156-22 conservator's residence to a place outside this state; or
156-23 (4) a conservator has repeatedly failed to give notice
156-24 of an inability to exercise possessory rights.
156-25 Sec. 156.302. EFFECT OF GUIDELINES. (a) The court may
156-26 consider the guidelines for possession of and access to a child in
156-27 Chapter 153 to determine if there has been a material and
157-1 substantial change in circumstances or if the order has become
157-2 unworkable or inappropriate under this subchapter in determining
157-3 whether a modification of the existing order for possession of or
157-4 access to a child by a parent is in the best interest of the child.
157-5 (b) The court may modify an order for possession of and
157-6 access to a child that does not substantially conform to the
157-7 standard possession order if the modification is in the best
157-8 interest of the child.
157-9 Sec. 156.303. INCREASED EXPENSES BECAUSE OF CHANGE OF
157-10 RESIDENCE. (a) If a change of residence results in increased
157-11 expenses for a party having possession of or access to a child, the
157-12 court may render appropriate orders to allocate those increased
157-13 costs on a fair and equitable basis, taking into account the cause
157-14 of the increased costs and the best interest of the child.
157-15 (b) The payment of increased costs by the party whose
157-16 residence is changed is rebuttably presumed to be in the best
157-17 interest of the child.
157-18 (c) The court may render an order without regard to whether
157-19 another change in the terms and conditions of possession of or
157-20 access to the child is made.
157-21 (Sections 156.304-156.400 reserved for expansion)
157-22 SUBCHAPTER E. MODIFICATION OF CHILD SUPPORT
157-23 Sec. 156.401. GROUNDS FOR MODIFICATION OF CHILD SUPPORT.
157-24 (a) Except as provided by Subsection (b), the court may modify an
157-25 order that provides for the support of a child if the circumstances
157-26 of the child or a person affected by the order have materially and
157-27 substantially changed since the date of the order's rendition.
158-1 (b) A support order may be modified only as to obligations
158-2 accruing after the earlier of:
158-3 (1) the date of service of citation; or
158-4 (2) an appearance in the suit to modify.
158-5 (c) An order of joint conservatorship, in and of itself,
158-6 does not constitute grounds for modifying a support order.
158-7 Sec. 156.402. EFFECT OF GUIDELINES. (a) The court may
158-8 consider the child support guidelines in Chapter 153 to determine
158-9 whether there has been a material or substantial change of
158-10 circumstances under this chapter that warrants a modification of an
158-11 existing child support order if the modification is in the best
158-12 interest of the child.
158-13 (b) If the amount of support contained in the order does not
158-14 substantially conform with the guidelines, the court may modify the
158-15 order to substantially conform with the guidelines if the
158-16 modification is in the best interest of the child. A court may
158-17 consider other relevant evidence in addition to the factors listed
158-18 in the guidelines.
158-19 Sec. 156.403. VOLUNTARY ADDITIONAL SUPPORT. A history of
158-20 support voluntarily provided in excess of the court order does not
158-21 constitute cause to increase the amount of an existing child
158-22 support order.
158-23 Sec. 156.404. NET RESOURCES OF NEW SPOUSE. (a) The court
158-24 may not add any portion of the net resources of a new spouse to the
158-25 net resources of an obligor or obligee in order to calculate the
158-26 amount of child support to be ordered in a suit for modification.
158-27 (b) The court may not subtract the needs of a new spouse, or
159-1 of a dependent of a new spouse, from the net resources of the
159-2 obligor or obligee in a suit for modification.
159-3 Sec. 156.405. CHANGE IN LIFESTYLE. An increase in the
159-4 needs, standard of living, or lifestyle of the obligee since the
159-5 rendition of the existing order does not warrant an increase in the
159-6 obligor's child support obligation.
159-7 Sec. 156.406. USE OF GUIDELINES FOR CHILDREN IN MORE THAN
159-8 ONE HOUSEHOLD. In applying the child support guidelines in a suit
159-9 under this subchapter, if the obligor has the duty to support
159-10 children in more than one household, the court shall apply the
159-11 percentage guidelines for multiple families in Chapter 153.
159-12 Sec. 156.407. ASSIGNMENT OF CHILD SUPPORT RIGHT. A notice
159-13 of assignment filed under Chapter 231 does not constitute a
159-14 modification of an order to pay child support.
159-15 Sec. 156.408. MODIFICATION OF SUPPORT ORDER RENDERED BY
159-16 ANOTHER STATE. (a) Unless both parties and the child reside in
159-17 this state, a court of this state may modify an order of child
159-18 support rendered by an appropriate tribunal of another state only
159-19 as provided by Chapter 159.
159-20 (b) If both parties and the child reside in this state, a
159-21 court of this state may modify an order of child support rendered
159-22 by an appropriate tribunal of another state and any aspect of
159-23 conservatorship as provided by this chapter without reference to
159-24 Chapter 159.
159-25 CHAPTER 157. ENFORCEMENT
159-26 SUBCHAPTER A. PLEADINGS AND DEFENSES
159-27 Sec. 157.001. MOTION FOR ENFORCEMENT. (a) A motion for
160-1 enforcement as provided in this chapter may be filed to enforce a
160-2 final order for conservatorship, child support, possession of or
160-3 access to a child, or other provisions of a final order.
160-4 (b) The court may enforce by contempt a final order for
160-5 possession of and access to a child as provided in this chapter.
160-6 (c) The court may enforce a final order for child support as
160-7 provided in this chapter or Chapter 158.
160-8 (d) A motion for enforcement shall be filed in the court of
160-9 continuing, exclusive jurisdiction.
160-10 Sec. 157.002. CONTENTS OF MOTION. (a) A motion for
160-11 enforcement must, in ordinary and concise language:
160-12 (1) identify the provision of the order allegedly
160-13 violated and sought to be enforced;
160-14 (2) state the manner of the respondent's alleged
160-15 noncompliance;
160-16 (3) state the relief requested by the movant; and
160-17 (4) contain the signature of the movant or the
160-18 movant's attorney.
160-19 (b) A motion for enforcement of child support:
160-20 (1) must include the amount owed as provided in the
160-21 order, the amount paid, and the amount of arrearages;
160-22 (2) if contempt is requested, must include the portion
160-23 of the order allegedly violated and, for each date of alleged
160-24 contempt, the amount due and the amount paid, if any; and
160-25 (3) may include as an attachment a copy of a record of
160-26 child support payments maintained by the Title IV-D registry or a
160-27 local registry.
161-1 (c) A motion for enforcement of the terms and conditions of
161-2 conservatorship or possession of or access to a child must include
161-3 the date, place, and, if applicable, the time of each occasion of
161-4 the respondent's failure to comply with the order.
161-5 (d) The movant is not required to plead that the underlying
161-6 order is enforceable by contempt to obtain other appropriate
161-7 enforcement remedies.
161-8 (e) The movant may allege repeated past violations of the
161-9 order and that future violations of a similar nature may occur
161-10 before the date of the hearing.
161-11 Sec. 157.003. JOINDER OF CLAIMS AND REMEDIES; NO ELECTION OF
161-12 REMEDIES. (a) A party requesting enforcement may join in the same
161-13 proceeding any claim and remedy provided for in this chapter, other
161-14 provisions of this subtitle, or other rules of law.
161-15 (b) A motion for enforcement does not constitute an election
161-16 of remedies that limits or precludes:
161-17 (1) the use of any other civil or criminal proceeding
161-18 to enforce a final order; or
161-19 (2) a suit for damages under Chapter 42.
161-20 Sec. 157.004. TIME LIMITATIONS; ENFORCEMENT OF POSSESSION.
161-21 The court retains jurisdiction to render a contempt order for
161-22 failure to comply with the order of possession and access if the
161-23 motion for enforcement is filed not later than the sixth month
161-24 after the date:
161-25 (1) the child becomes an adult; or
161-26 (2) on which the right of possession and access
161-27 terminates under the order or by operation of law.
162-1 Sec. 157.005. TIME LIMITATIONS; ENFORCEMENT OF CHILD
162-2 SUPPORT. (a) The court retains jurisdiction to render a contempt
162-3 order for failure to comply with the child support order if the
162-4 motion for enforcement is filed not later than the sixth month
162-5 after the date:
162-6 (1) the child becomes an adult; or
162-7 (2) on which the child support obligation terminates
162-8 under the order or by operation of law.
162-9 (b) The court retains jurisdiction to confirm the total
162-10 amount of child support arrearages and render judgment for past-due
162-11 child support if a motion for enforcement requesting a money
162-12 judgment is filed not later than the fourth anniversary after the
162-13 date:
162-14 (1) the child becomes an adult; or
162-15 (2) on which the child support obligation terminates
162-16 under the order or by operation of law.
162-17 Sec. 157.006. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.
162-18 (a) The issue of the existence of an affirmative defense to a
162-19 motion for enforcement does not arise unless evidence is admitted
162-20 supporting the defense.
162-21 (b) The respondent must prove the affirmative defense by a
162-22 preponderance of the evidence.
162-23 Sec. 157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
162-24 OF POSSESSION OR ACCESS. (a) The respondent may plead as an
162-25 affirmative defense to contempt for failure to comply with an order
162-26 for possession or access to a child that the movant voluntarily
162-27 relinquished actual possession and control of the child.
163-1 (b) The voluntary relinquishment must have been for the time
163-2 encompassed by the court-ordered periods during which the
163-3 respondent is alleged to have interfered.
163-4 Sec. 157.008. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
163-5 OF CHILD SUPPORT. (a) An obligor may plead as an affirmative
163-6 defense in whole or in part to a motion for enforcement of child
163-7 support that the obligee voluntarily relinquished to the obligor
163-8 actual possession and control of a child.
163-9 (b) The voluntary relinquishment must have been for a time
163-10 period in excess of any court-ordered periods of possession of and
163-11 access to the child and actual support must have been supplied by
163-12 the obligor.
163-13 (c) An obligor may plead as an affirmative defense to an
163-14 allegation of contempt or of the violation of a condition of
163-15 community service requiring payment of child support that the
163-16 obligor:
163-17 (1) lacked the ability to provide support in the
163-18 amount ordered;
163-19 (2) lacked property that could be sold, mortgaged, or
163-20 otherwise pledged to raise the funds needed;
163-21 (3) attempted unsuccessfully to borrow the funds
163-22 needed; and
163-23 (4) knew of no source from which the money could have
163-24 been borrowed or legally obtained.
163-25 (d) An obligor who has provided actual support to the child
163-26 during a time subject to an affirmative defense under this section
163-27 may request reimbursement for that support as a counterclaim or
164-1 offset against the claim of the obligee.
164-2 (e) An action against the obligee for support supplied to a
164-3 child is limited to the amount of periodic payments previously
164-4 ordered by the court.
164-5 (Sections 157.009-157.060 reserved for expansion)
164-6 SUBCHAPTER B. PROCEDURE
164-7 Sec. 157.061. SETTING HEARING. (a) On filing a motion for
164-8 enforcement requesting contempt, the court shall set the date,
164-9 time, and place of the hearing and order the respondent to
164-10 personally appear and respond to the motion.
164-11 (b) If the motion for enforcement does not request contempt,
164-12 the court shall set the motion for hearing on the request of a
164-13 party.
164-14 (c) The court shall give preference to a motion for
164-15 enforcement of child support in setting a hearing date and may not
164-16 delay the hearing because a suit for modification of the order
164-17 requested to be enforced has been or may be filed.
164-18 Sec. 157.062. NOTICE OF HEARING. (a) The notice of hearing
164-19 must include the date, time, and place of the hearing.
164-20 (b) The notice of hearing need not repeat the allegations
164-21 contained in the motion for enforcement.
164-22 (c) Except as provided in this chapter, the notice of
164-23 hearing on a motion for enforcement of an existing order providing
164-24 for child support or possession of or access to a child shall be
164-25 given to the respondent by personal service of a copy of the motion
164-26 and notice not later than the 10th day before the date of the
164-27 hearing.
165-1 (d) If a motion for enforcement is joined with another
165-2 claim:
165-3 (1) the hearing may not be held before 10 a.m. on the
165-4 first Monday after the 20th day after the date of service; and
165-5 (2) the provisions of the Texas Rules of Civil
165-6 Procedure applicable to the filing of an original lawsuit apply.
165-7 Sec. 157.063. APPEARANCE. A party makes a general
165-8 appearance for all purposes in an enforcement proceeding if:
165-9 (1) the party appears at the hearing or is present
165-10 when the case is called; and
165-11 (2) the party does not object to the court's
165-12 jurisdiction or the form or manner of the notice of hearing.
165-13 Sec. 157.064. SPECIAL EXCEPTION. (a) If a respondent
165-14 specially excepts to the motion for enforcement or moves to strike,
165-15 the court shall rule on the exception or the motion to strike
165-16 before it hears the motion for enforcement.
165-17 (b) If an exception is sustained, the court shall give the
165-18 movant an opportunity to replead and continue the hearing to a
165-19 designated date and time without the requirement of additional
165-20 service.
165-21 Sec. 157.065. NOTICE OF HEARING, FIRST CLASS MAIL. (a) If
165-22 a party has been ordered under Chapter 105 to provide the clerk of
165-23 the court with the party's current mailing address, notice of a
165-24 motion for enforcement may be served by mailing a copy of the
165-25 notice to the respondent, together with a copy of the motion, by
165-26 first class mail to the last mailing address of the respondent on
165-27 file with the clerk.
166-1 (b) The notice may be sent by the clerk of the court, the
166-2 movant's attorney, or any person entitled to the address
166-3 information as provided in Chapter 105.
166-4 (c) A person who sends the notice shall file of record a
166-5 certificate of service showing the date of mailing and the name of
166-6 the person who sent the notice.
166-7 (d) A notice sent as provided in this section must, in plain
166-8 and concise language, state:
166-9 "This notice is a request for you to appear at the
166-10 designated time, date, and place of the hearing set out
166-11 in this notice in order to defend yourself against the
166-12 allegations made against you in the attached or
166-13 enclosed motion. You are not required to appear at
166-14 this hearing; however, if you do not appear, a sheriff
166-15 or constable may and probably will formally serve a
166-16 court order on you at your place of residence or
166-17 employment or wherever you may be found requiring you
166-18 to appear at another hearing to defend yourself against
166-19 the motion. If a sheriff or constable has to serve
166-20 you, the court may require you to pay for the cost of
166-21 the service. If you choose to appear at the hearing
166-22 set out in this notice, you will have made a formal and
166-23 legal appearance in court. In this case, no further
166-24 service of the enclosed motion will have to be made on
166-25 you. If you do appear at the hearing set out in this
166-26 notice, you should be aware of the following: (1) you
166-27 do not have to talk to the party who filed the motion
167-1 against you or that party's attorney and, if you do
167-2 talk with them, anything you say may and probably will
167-3 be used against you; (2) you have the right to be
167-4 represented by your own attorney; (3) if the motion
167-5 requests to have you held in contempt and jailed or
167-6 fined, the judge may appoint an attorney to represent
167-7 you if you can prove to the judge that you cannot
167-8 afford an attorney; and (4) you may have the hearing at
167-9 the time, date, and place in this notice, or, on your
167-10 request, the court must set a hearing at a later time
167-11 of not less than five days in the future; if the judge
167-12 does set the hearing in the future and you do not
167-13 appear at that future hearing, the judge may order a
167-14 sheriff or constable to arrest you and bring you to
167-15 court for a hearing on the motion. You are advised to
167-16 consult with an attorney in order to understand all of
167-17 your rights before making any decision under this
167-18 notice."
167-19 Sec. 157.066. FAILURE TO APPEAR. (a) If a respondent who
167-20 has been sent notice by first class mail to appear at a hearing
167-21 does not appear at the designated time, place, and date to respond
167-22 to a motion for enforcement of an existing court order, personal
167-23 service of notice of a hearing shall be attempted.
167-24 (b) The court shall issue a capias for the arrest of a party
167-25 if:
167-26 (1) the party is allegedly in arrears in court-ordered
167-27 child support payments;
168-1 (2) the party has been ordered as provided in Chapter
168-2 105 to provide the clerk of the court with the party's current
168-3 mailing address;
168-4 (3) the party did not appear at the hearing; and
168-5 (4) subsequently an attempt to serve notice of the
168-6 hearing by personal service on the party has been unsuccessful
168-7 despite diligent efforts to serve process at the latest address on
168-8 file with the clerk and at any other address known to the moving
168-9 party at which the respondent may be served.
168-10 (Sections 157.067-157.100 reserved for expansion)
168-11 SUBCHAPTER C. FAILURE TO APPEAR; BOND OR SECURITY
168-12 Sec. 157.101. BOND OR SECURITY FOR RELEASE OF RESPONDENT.
168-13 (a) When the court orders the issuance of a capias as provided in
168-14 this chapter, the court shall also set an appearance bond or
168-15 security, payable to the obligee or to a person designated by the
168-16 court, in a reasonable amount.
168-17 (b) An appearance bond or security in the amount of $1,000
168-18 or a cash bond in the amount of $250 is presumed to be reasonable.
168-19 Evidence that the respondent has attempted to evade service of
168-20 process, has previously been found guilty of contempt, or has
168-21 accrued arrearages over $1,000 is sufficient to rebut the
168-22 presumption. If the presumption is rebutted, the court shall set a
168-23 reasonable bond.
168-24 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
168-25 Law enforcement officials shall treat the capias in the same manner
168-26 as an arrest warrant for a criminal offense and shall enter the
168-27 capias in the computer records for outstanding warrants maintained
169-1 by the local police, sheriff, and Department of Public Safety.
169-2 Sec. 157.103. CAPIAS FEE. (a) The fee for issuing a capias
169-3 as provided in this chapter is the same as the fee for issuance of
169-4 a writ of attachment.
169-5 (b) The fee for serving a capias is the same as the fee for
169-6 service of a writ in civil cases generally.
169-7 Sec. 157.104. CONDITIONAL RELEASE. If the respondent is
169-8 taken into custody and released on bond, the court shall condition
169-9 the bond on the respondent's promise to appear in court for a
169-10 hearing as required by the court without the necessity of further
169-11 personal service of notice on the respondent.
169-12 Sec. 157.105. RELEASE HEARING. (a) If the respondent is
169-13 taken into custody and not released on bond, the respondent shall
169-14 be brought before the court that issued the capias on or before the
169-15 first working day after the arrest. The court shall determine
169-16 whether the respondent's appearance in court at a designated time
169-17 and place can be assured by a method other than by posting the bond
169-18 or security previously established.
169-19 (b) If the respondent is released without posting bond or
169-20 security, the court shall set a hearing on the alleged contempt at
169-21 a designated date, time, and place and give the respondent notice
169-22 of hearing in open court. No other notice to the respondent is
169-23 required.
169-24 (c) If the court is not satisfied that the respondent's
169-25 appearance in court can be assured and the respondent remains in
169-26 custody, a hearing on the alleged contempt shall be held as soon as
169-27 practicable, but not later than the fifth day after the date that
170-1 the respondent was taken into custody, unless the respondent and
170-2 the respondent's attorney waive the accelerated hearing.
170-3 Sec. 157.106. CASH BOND AS SUPPORT. (a) If the respondent
170-4 has posted a cash bond and is found to be in arrears in the payment
170-5 of court-ordered child support, the court shall order that the
170-6 proceeds of the cash bond be paid to the child support obligee or
170-7 to a person designated by the court, not to exceed the amount of
170-8 child support arrearages determined to exist.
170-9 (b) This section applies without regard to whether the
170-10 respondent appears at the hearing.
170-11 Sec. 157.107. APPEARANCE BOND OR SECURITY OTHER THAN CASH
170-12 BOND AS SUPPORT. (a) If the respondent fails to appear at the
170-13 hearing as directed, the court shall order that the appearance bond
170-14 or security be forfeited and that the proceeds of any judgment on
170-15 the bond or security, not to exceed the amount of child support
170-16 arrearages determined to exist, be paid to the obligee or to a
170-17 person designated by the court.
170-18 (b) The obligee may file suit on the bond.
170-19 Sec. 157.108. CASH BOND AS PROPERTY OF RESPONDENT. A court
170-20 shall treat a cash bond posted for the benefit of the respondent as
170-21 the property of the respondent. A person who posts the cash bond
170-22 does not have recourse in relation to an order regarding the bond
170-23 other than against the respondent.
170-24 Sec. 157.109. SECURITY FOR COMPLIANCE WITH ORDER. (a) The
170-25 court may order the respondent to execute a bond or post security
170-26 if the court finds that the respondent:
170-27 (1) has on two or more occasions denied possession of
171-1 or access to a child who is the subject of the order; or
171-2 (2) is employed by an employer not subject to the
171-3 jurisdiction of the court or for whom income withholding is
171-4 unworkable or inappropriate.
171-5 (b) The court shall set the amount of the bond or security
171-6 and condition the bond or security on compliance with the court
171-7 order permitting possession or access or the payment of past-due or
171-8 future child support.
171-9 (c) The court shall order the bond or security payable
171-10 through the registry of the court:
171-11 (1) to the obligee or other person or entity entitled
171-12 to receive child support payments designated by the court if
171-13 enforcement of child support is requested; or
171-14 (2) to the person who is entitled to possession or
171-15 access if enforcement of possession or access is requested.
171-16 Sec. 157.110. FORFEITURE OF SECURITY FOR FAILURE TO COMPLY
171-17 WITH ORDER. (a) On the motion of a person or entity for whose
171-18 benefit a bond has been executed or security deposited, the court
171-19 may forfeit all or part of the bond or security deposit on a
171-20 finding that the person who furnished the bond or security:
171-21 (1) has violated the court order for possession of and
171-22 access to a child; or
171-23 (2) failed to make child support payments.
171-24 (b) The court shall order the registry to pay the funds from
171-25 a forfeited bond or security deposit to the obligee or person or
171-26 entity entitled to receive child support payments in an amount that
171-27 does not exceed the child support arrearages or, in the case of
172-1 possession of or access to a child, to the person entitled to
172-2 possession or access.
172-3 (c) The court may order that all or part of the forfeited
172-4 amount be applied to pay attorney's fees and costs incurred by the
172-5 person or entity bringing the motion for contempt or motion for
172-6 forfeiture.
172-7 Sec. 157.111. FORFEITURE NOT DEFENSE TO CONTEMPT. The
172-8 forfeiture of bond or security is not a defense in a contempt
172-9 proceeding.
172-10 Sec. 157.112. JOINDER OF FORFEITURE AND CONTEMPT
172-11 PROCEEDINGS. A motion for enforcement requesting contempt may be
172-12 joined with a forfeiture proceeding.
172-13 Sec. 157.113. APPLICATION OF BOND PENDING WRIT. If the
172-14 obligor requests to execute a bond or to post security pending a
172-15 hearing by an appellate court on a writ, the bond or security on
172-16 forfeiture shall be payable to the obligee.
172-17 Sec. 157.114. FAILURE TO APPEAR. The court may order a
172-18 capias to be issued for the arrest of the respondent if:
172-19 (1) the motion for enforcement requests contempt;
172-20 (2) the respondent was personally served; and
172-21 (3) the respondent fails to appear.
172-22 Sec. 157.115. DEFAULT JUDGMENT. (a) The court may render a
172-23 default order for the relief requested if the respondent:
172-24 (1) has been personally served;
172-25 (2) has filed an answer or has entered an appearance;
172-26 and
172-27 (3) does not appear at the designated time, place, and
173-1 date to respond to the motion.
173-2 (b) If the respondent fails to appear, the court may not
173-3 hold the respondent in contempt but may order a capias to be
173-4 issued.
173-5 (Sections 157.116-157.160 reserved for expansion)
173-6 SUBCHAPTER D. HEARING AND ENFORCEMENT ORDER
173-7 Sec. 157.161. RECORD. (a) Except as provided by Subsection
173-8 (b), a record of the hearing in a motion for enforcement shall be
173-9 made by a court reporter or as provided by Chapter 201.
173-10 (b) A record is not required if:
173-11 (1) the parties agree to an order; or
173-12 (2) the motion does not request incarceration and the
173-13 parties waive the requirement of a record at the time of hearing,
173-14 either in writing or in open court, and the court approves waiver.
173-15 Sec. 157.162. PROOF. (a) The movant is not required to
173-16 prove that the underlying order is enforceable by contempt to
173-17 obtain other appropriate enforcement remedies.
173-18 (b) A finding that the respondent is not in contempt does
173-19 not preclude the court from ordering any other enforcement remedy,
173-20 including rendering a money judgment, posting a bond or other
173-21 security, or withholding income.
173-22 (c) A copy of the payment record attached to the motion is
173-23 evidence of the facts asserted in the payment record and is
173-24 admissible to show whether payments were made. The respondent may
173-25 offer controverting evidence.
173-26 Sec. 157.163. APPOINTMENT OF ATTORNEY. (a) In a motion for
173-27 enforcement or motion to revoke community service, the court must
174-1 first determine whether incarceration of the respondent is a
174-2 possible result of the proceedings.
174-3 (b) If the court determines that incarceration is a possible
174-4 result of the proceedings, the court shall inform a respondent not
174-5 represented by an attorney of the right to be represented by an
174-6 attorney and, if the respondent is indigent, of the right to the
174-7 appointment of an attorney.
174-8 (c) If the court determines that the respondent will not be
174-9 incarcerated as a result of the proceedings, the court may require
174-10 a respondent who is indigent to proceed without an attorney.
174-11 (d) If the respondent claims indigency and requests the
174-12 appointment of an attorney, the court shall require the respondent
174-13 to file an affidavit of indigency. The court may hear evidence to
174-14 determine the issue of indigency.
174-15 (e) Except as provided by Subsection (c), the court shall
174-16 appoint an attorney to represent the respondent if the court
174-17 determines that the respondent is indigent.
174-18 (f) If the respondent is not in custody, an appointed
174-19 attorney is entitled to not less than 10 days from the date of the
174-20 attorney's appointment to respond to the movant's pleadings and
174-21 prepare for the hearing.
174-22 (g) If the respondent is in custody, an appointed attorney
174-23 is entitled to not less than five days from the date the respondent
174-24 was taken into custody to respond to the movant's pleadings and
174-25 prepare for the hearing.
174-26 (h) The court may shorten or extend the time for preparation
174-27 if the respondent and the respondent's attorney sign a waiver of
175-1 the time limit.
175-2 (i) The scope of the court appointment of an attorney to
175-3 represent the respondent is limited to the allegation of contempt
175-4 or of violation of community supervision contained in the motion
175-5 for enforcement or motion to revoke community supervision.
175-6 Sec. 157.164. PAYMENT OF APPOINTED ATTORNEY. (a) An
175-7 attorney appointed to represent an indigent respondent is entitled
175-8 to a reasonable fee for services within the scope of the
175-9 appointment in the amount set by the court.
175-10 (b) The fee shall be paid from the general funds of the
175-11 county according to the schedule for the compensation of counsel
175-12 appointed to defend criminal defendants as provided in the Code of
175-13 Criminal Procedure.
175-14 (c) For purposes of this section, a proceeding in a court of
175-15 appeals or the Supreme Court of Texas is considered the equivalent
175-16 of a bona fide appeal to the Texas Court of Criminal Appeals.
175-17 Sec. 157.165. PROBATION OF CONTEMPT ORDER. The court may
175-18 place the respondent on community supervision and suspend
175-19 commitment if the court finds that the respondent is in contempt of
175-20 court for failure or refusal to obey an order rendered as provided
175-21 in this subtitle.
175-22 Sec. 157.166. CONTENTS OF ENFORCEMENT ORDER. (a) An
175-23 enforcement order must include:
175-24 (1) in ordinary and concise language the provisions of
175-25 the order for which enforcement was requested;
175-26 (2) the acts or omissions that are the subject of the
175-27 order;
176-1 (3) the manner of the respondent's noncompliance; and
176-2 (4) the relief granted by the court.
176-3 (b) If the order imposes incarceration or a fine, an
176-4 enforcement order must contain findings setting out or
176-5 incorporating by reference the provisions of the order for which
176-6 enforcement was requested and the date of each occasion when the
176-7 respondent failed to comply with the order.
176-8 Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS.
176-9 (a) If the court finds that the respondent has failed to make
176-10 child support payments, the court shall order the respondent to pay
176-11 the movant's reasonable attorney's fees and all court costs in
176-12 addition to the arrearages.
176-13 (b) For good cause shown, the court may waive the
176-14 requirement that the respondent pay attorney's fees and costs if
176-15 the court states the reasons supporting that finding.
176-16 (Sections 157.168-157.210 reserved for expansion)
176-17 SUBCHAPTER E. COMMUNITY SUPERVISION
176-18 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
176-19 court places the respondent on community supervision and suspends
176-20 commitment, the terms and conditions of community supervision may
176-21 include the requirement that the respondent:
176-22 (1) report to the community supervision and
176-23 corrections department officer as directed;
176-24 (2) permit the community supervision and corrections
176-25 department officer to visit the respondent at the respondent's home
176-26 or elsewhere;
176-27 (3) obtain counseling on financial planning, budget
177-1 management, alcohol or drug abuse, or other matters causing the
177-2 respondent to fail to obey the order; and
177-3 (4) pay court costs and attorney's fees ordered by the
177-4 court.
177-5 Sec. 157.212. TERM OF COMMUNITY SUPERVISION. The community
177-6 supervision period may not exceed five years.
177-7 Sec. 157.213. COMMUNITY SUPERVISION FEES. (a) The court
177-8 may require the respondent to pay a fee to the court in an amount
177-9 equal to that required of a criminal defendant subject to community
177-10 supervision.
177-11 (b) The court may make payment of the fee a condition of
177-12 granting or continuing community supervision.
177-13 (c) The court shall deposit the fees received under this
177-14 subchapter in the special fund of the county treasury provided by
177-15 the Code of Criminal Procedure to be used for community
177-16 supervision.
177-17 Sec. 157.214. MOTION TO REVOKE COMMUNITY SUPERVISION. A
177-18 prosecuting attorney, the Title IV-D agency, or a party affected by
177-19 the order may file a verified motion alleging specifically that
177-20 certain conduct of the respondent constitutes a violation of the
177-21 terms and conditions of community supervision.
177-22 Sec. 157.215. ARREST FOR ALLEGED VIOLATION OF COMMUNITY
177-23 SUPERVISION. (a) If the motion to revoke community supervision
177-24 alleges a prima facie case that the respondent has violated a term
177-25 or condition of community supervision, the court may order the
177-26 respondent's arrest by warrant.
177-27 (b) The respondent shall be brought promptly before the
178-1 court ordering the arrest.
178-2 Sec. 157.216. HEARING ON MOTION TO REVOKE COMMUNITY
178-3 SUPERVISION. (a) The court shall hold a hearing without a jury on
178-4 or before the first working day after the date the respondent is
178-5 arrested under Section 157.215. If the court is unavailable for a
178-6 hearing on that date, the hearing shall be held not later than the
178-7 first working day after the date the court becomes available.
178-8 (b) The hearing under this section may not be held later
178-9 than the third working day after the date the respondent is
178-10 arrested.
178-11 (c) After the hearing, the court may continue, modify, or
178-12 revoke the community supervision.
178-13 Sec. 157.217. DISCHARGE FROM COMMUNITY SUPERVISION. (a)
178-14 When a community supervision period has been satisfactorily
178-15 completed, the court on its own motion shall discharge the
178-16 respondent from community supervision.
178-17 (b) The court may discharge the respondent from community
178-18 supervision on the motion of the respondent if the court finds that
178-19 the respondent:
178-20 (1) has satisfactorily completed one year of community
178-21 supervision; and
178-22 (2) has fully complied with the community supervision
178-23 order.
178-24 (Sections 157.218-157.260 reserved for expansion)
178-25 SUBCHAPTER F. JUDGMENT AND INTEREST
178-26 Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. A child
178-27 support payment not timely made constitutes a final judgment for
179-1 the amount due and owing, including interest as provided in this
179-2 chapter.
179-3 Sec. 157.262. REDUCTION OF ARREARAGES. (a) In a contempt
179-4 proceeding or in rendering a money judgment, the court may not
179-5 reduce or modify the amount of child support arrearages.
179-6 (b) The money judgment for arrearages rendered by the court
179-7 may be subject to a counterclaim or offset as provided by this
179-8 subchapter.
179-9 Sec. 157.263. CONFIRMATION OF ARREARAGES. (a) If a motion
179-10 for enforcement of child support requests a money judgment for
179-11 arrearages, the court shall confirm the amount of arrearages and
179-12 render one cumulative money judgment.
179-13 (b) A cumulative money judgment includes:
179-14 (1) unpaid child support not previously confirmed;
179-15 (2) the balance owed on previously confirmed
179-16 arrearages or lump sum or retroactive support judgments;
179-17 (3) interest on the arrearages; and
179-18 (4) a statement that it is a cumulative judgment.
179-19 Sec. 157.264. ENFORCEMENT BY INCOME WITHHOLDING. A money
179-20 judgment rendered as provided in this subchapter may be enforced by
179-21 any means available for the enforcement of a judgment for debts and
179-22 by an order requiring that income be withheld from the disposable
179-23 earnings of the obligor.
179-24 Sec. 157.265. ACCRUAL OF INTEREST ON DELINQUENT CHILD
179-25 SUPPORT. (a) Interest accrues on delinquent child support at the
179-26 rate of 12 percent simple interest per year from the date the
179-27 support is delinquent until the date the support is paid or the
180-1 arrearages are confirmed and reduced to money judgment.
180-2 (b) Interest accrues on child support arrearages that have
180-3 been confirmed and reduced to money judgment as provided in this
180-4 subchapter at the rate of 12 percent simple interest per year from
180-5 the date the order is rendered until the date the judgment is paid.
180-6 Sec. 157.266. DATE OF DELINQUENCY. (a) A child support
180-7 payment is delinquent for the purpose of accrual of interest if the
180-8 payment is not received before the 31st day after the payment date
180-9 stated in the order by:
180-10 (1) the local registry or Title IV-D registry; or
180-11 (2) the obligee or entity specified in the order, if
180-12 payments are not made through a registry.
180-13 (b) If a payment date is not stated in the order, a child
180-14 support payment is delinquent if payment is not received by the
180-15 registry or the obligee or entity specified in the order on the
180-16 date that an amount equal to the support payable for one month
180-17 becomes past due.
180-18 Sec. 157.267. INTEREST ENFORCED AS CHILD SUPPORT. Accrued
180-19 interest is part of the child support obligation and may be
180-20 enforced by any means provided for the collection of child support.
180-21 Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
180-22 support collected shall be applied in the following order of
180-23 priority:
180-24 (1) current child support;
180-25 (2) non-delinquent child support owed;
180-26 (3) interest on the principal amounts specified in
180-27 Subdivisions (4) and (5);
181-1 (4) the principal amount of child support that has not
181-2 been confirmed and reduced to money judgment; and
181-3 (5) the principal amount of child support that has
181-4 been confirmed and reduced to money judgment.
181-5 (Sections 157.269-157.310 reserved for expansion)
181-6 SUBCHAPTER G. CHILD SUPPORT LIEN
181-7 Sec. 157.311. DEFINITIONS. In this subchapter:
181-8 (1) "Claimant" means:
181-9 (A) the obligee or a private attorney
181-10 representing the obligee;
181-11 (B) the Title IV-D agency providing child
181-12 support services;
181-13 (C) a domestic relations office or local
181-14 registry; or
181-15 (D) an attorney appointed as a friend of the
181-16 court.
181-17 (2) "Lien" means a child support lien.
181-18 Sec. 157.312. GENERAL PROVISIONS. (a) A claimant may
181-19 enforce child support by a lien as provided in this subchapter.
181-20 (b) The remedies provided by this subchapter do not affect
181-21 the availability of other remedies provided by law.
181-22 (c) The lien is in addition to any other lien provided by
181-23 law.
181-24 Sec. 157.313. CONTENTS OF LIEN NOTICE. (a) A child support
181-25 lien notice must contain:
181-26 (1) the style, docket number, and identity of the
181-27 court having continuing jurisdiction of the child support action;
182-1 (2) the name, address, and, if available, the birth
182-2 date, driver's license number, and social security number of the
182-3 obligor;
182-4 (3) the name and social security number, if available,
182-5 of the obligee and the child;
182-6 (4) the amount of child support arrearages owed by the
182-7 obligor and the date of the rendition of the court order or
182-8 issuance of the writ that determined the arrearages;
182-9 (5) the rate of interest specified in the court order
182-10 or writ or, in the absence of a specified interest rate, the rate
182-11 provided for by Subchapter F; and
182-12 (6) the name and address of the person or agency to
182-13 whom the payment of the child support arrearages shall be made.
182-14 (b) A claimant may include any other information that the
182-15 claimant considers necessary.
182-16 (c) The lien notice must be verified.
182-17 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT. A
182-18 child support lien notice or an abstract of judgment for past due
182-19 child support may be filed by the claimant with:
182-20 (1) the county clerk of any county in which the
182-21 obligor is believed to own nonexempt real or personal property or
182-22 in the county in which the obligor resides;
182-23 (2) the clerk of the court in which a claim,
182-24 counterclaim, or suit by the obligor is pending, provided that a
182-25 copy of the lien is mailed to the attorney of record for the
182-26 obligor; or
182-27 (3) an attorney who represents the obligor in a claim
183-1 or counterclaim that has not been filed with a court.
183-2 Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt
183-3 of a lien notice, the county clerk shall record the notice in the
183-4 county judgment records as provided in Chapter 52, Property Code.
183-5 (b) The county clerk may not charge the Title IV-D agency, a
183-6 domestic relations office, or a friend of the court a fee for
183-7 recording the notice or for release of the lien. The county clerk
183-8 shall collect the fees for recording the notice and for the release
183-9 of the lien from the obligor before filing the release.
183-10 Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. A child
183-11 support lien attaches when an abstract of judgment for past due
183-12 child support or a child support lien notice is filed as provided
183-13 by this subchapter.
183-14 Sec. 157.317. PROPERTY TO WHICH LIEN ATTACHES. (a) A lien
183-15 attaches to all personal property not exempt under the Texas
183-16 Constitution, including a claim for negligence, personal injury, or
183-17 workers' compensation, or an insurance award for the claim, owned
183-18 by the obligor on or after the date the lien attaches.
183-19 (b) A lien attaches to all nonhomestead real property of the
183-20 obligor but does not attach to a homestead exempt under the Texas
183-21 Constitution or the Property Code.
183-22 Sec. 157.318. DURATION OF CHILD SUPPORT LIEN. (a) A lien
183-23 is effective for 10 years from the date the notice is recorded in
183-24 the county clerk's office in the county where the property of the
183-25 obligor is located.
183-26 (b) The lien may be extended for an additional 10-year
183-27 period by recording a lien notice before the tenth anniversary of
184-1 the date of the original recording of the notice.
184-2 Sec. 157.319. EFFECT OF LIEN ON PERSONAL PROPERTY. (a) The
184-3 filing of a lien notice is a record of the notice.
184-4 (b) If a lien has been filed as provided in this subchapter
184-5 and a person having notice of the lien possesses nonexempt personal
184-6 property of the obligor that may be subject to the lien, the
184-7 property may not be paid over, released, sold, transferred,
184-8 encumbered, or conveyed unless:
184-9 (1) a release of lien signed by the claimant is
184-10 delivered to the person in possession; or
184-11 (2) a court, after notice to the claimant and hearing,
184-12 has ordered the release of the lien because arrearages do not
184-13 exist.
184-14 Sec. 157.320. PRIORITY OF LIEN AS TO REAL PROPERTY. (a) A
184-15 lien created under this subchapter does not have priority over a
184-16 lien or conveyance of an interest in the nonexempt real property
184-17 recorded before the child support lien notice is recorded in the
184-18 county where the real property is located.
184-19 (b) A lien created under this subchapter has priority over
184-20 any lien or conveyance of an interest in the nonexempt real
184-21 property recorded after the child support lien notice is recorded
184-22 in the county clerk's office in the county where the property of
184-23 the obligor is located.
184-24 (c) A conveyance of real property by the obligor after a
184-25 lien notice has been recorded in the county where the real property
184-26 is located is subject to the lien and may not impair the
184-27 enforceability of the lien against the real property.
185-1 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A claimant may
185-2 at any time release a lien on all or part of the property of the
185-3 obligor or return seized property, without liability, if assurance
185-4 of payment is considered adequate by the claimant or if the release
185-5 or return will facilitate the collection of the arrearages. The
185-6 release or return may not operate to prevent future action to
185-7 collect from the same or other property.
185-8 Sec. 157.322. MANDATORY RELEASE OF LIEN. (a) On payment in
185-9 full of the amount of child support due, together with any costs
185-10 and reasonable attorney's fees, the claimant shall execute and
185-11 deliver a release of the child support lien.
185-12 (b) A child support lien release shall be filed in the same
185-13 manner as the notice of lien.
185-14 (c) The county clerk shall immediately record a release of
185-15 lien notice or abstract of judgment that was filed with the clerk.
185-16 (d) On the filing of a release of lien that was filed with
185-17 the clerk of the court in which a claim, counterclaim, or suit at
185-18 law by the obligor is pending, the clerk of the court shall file
185-19 for record the release of lien in the court's proceedings and the
185-20 claimant shall mail a copy of the release of lien to the obligor or
185-21 the attorney of record for the obligor.
185-22 (e) A release of lien that was filed with the obligor or the
185-23 attorney who represents the obligor in a claim or counterclaim that
185-24 has not been filed with a court shall be mailed by the claimant to
185-25 the attorney or obligor.
185-26 Sec. 157.323. FORECLOSURE. (a) When a lien notice has been
185-27 filed under this subchapter, an action to foreclose a lien on
186-1 nonexempt real or personal property may be brought in the district
186-2 court of the county in which the property is or was located and the
186-3 lien was filed.
186-4 (b) After notice to the obligor and the claimant, the court
186-5 shall conduct a hearing and, if arrearages are owed by the obligor,
186-6 the court shall:
186-7 (1) render judgment against the obligor for the amount
186-8 due, plus costs and reasonable attorney's fees; and
186-9 (2) order any official authorized to levy execution to
186-10 satisfy the lien, costs, and attorney's fees by selling any
186-11 property on which a lien is established under this subchapter.
186-12 (c) In all sales contemplated under this section,
186-13 publication of notice is necessary only for three consecutive weeks
186-14 in a newspaper published in the county where the property is
186-15 located or, if there is no newspaper in that county, in the most
186-16 convenient newspaper in circulation in the county.
186-17 Sec. 157.324. Liability for Failure to Comply With Order or
186-18 Lien. A person who knowingly fails to surrender on demand
186-19 nonexempt personal property seized under this subchapter is liable
186-20 to the claimant in an amount equal to the arrearages for which the
186-21 foreclosure judgment was issued.
186-22 Sec. 157.325. Release of Excess Funds to Debtor or Obligor.
186-23 (a) If a person has in the person's possession earnings, deposits,
186-24 accounts, or balances in excess of the amount of arrearages
186-25 specified in the child support lien, the holder of the nonexempt
186-26 personal property or the obligor may request that the claimant
186-27 release any excess amount from the lien. The claimant shall grant
187-1 the request and discharge any lien on the excess unless the
187-2 security for the arrearages would be impaired.
187-3 (b) If the claimant refuses the request, the holder of the
187-4 personal property or the obligor may petition the court of
187-5 competent jurisdiction for discharge of excess personal property or
187-6 money from the lien.
187-7 Sec. 157.326. Interest of Obligor's Spouse. (a) A spouse
187-8 of an obligor may file an affidavit with a court of competent
187-9 jurisdiction requesting that the court determine the extent, if
187-10 any, of the spouse's interest in real or personal property that is
187-11 subject to:
187-12 (1) a lien perfected under this subchapter; or
187-13 (2) an action to foreclose under this subchapter.
187-14 (b) After notice to the obligor, obligor's spouse, and the
187-15 claimant, the court shall conduct a hearing and determine the
187-16 extent, if any, of the ownership interest in the property held by
187-17 the obligor's spouse. If the court finds that:
187-18 (1) the property is the separate property of the
187-19 obligor's spouse, the court shall order that the lien against the
187-20 property be released and that any action to foreclose on the
187-21 property be dismissed; or
187-22 (2) the property is jointly owned by the obligor and
187-23 the obligor's spouse, the court shall determine whether the sale of
187-24 the obligor's interest in the property would result in an
187-25 unreasonable hardship on the obligor's spouse or family and:
187-26 (A) if so, the court shall render an order that
187-27 the obligor's interest in the property not be sold and that the
188-1 lien against the property should be released; or
188-2 (B) if not, the court shall render an order that
188-3 the property be sold consistent with the provisions of this
188-4 subchapter.
188-5 (c) In a proceeding under this subsection in which the
188-6 spouse of the obligor claims by affidavit an ownership interest in
188-7 the property, the claimant has the burden to prove the extent of
188-8 the obligor's ownership interest.
188-9 (Sections 157.327-157.370 reserved for expansion)
188-10 SUBCHAPTER H. HABEAS CORPUS
188-11 Sec. 157.371. JURISDICTION. (a) The relator may file a
188-12 petition for a writ of habeas corpus in either the court of
188-13 continuing, exclusive jurisdiction or in a court with jurisdiction
188-14 to issue a writ of habeas corpus in the county in which the child
188-15 is found.
188-16 (b) Although a habeas corpus proceeding is not a suit
188-17 affecting the parent-child relationship, the court may refer to the
188-18 provisions of this title for definitions and procedures as
188-19 appropriate.
188-20 Sec. 157.372. RETURN OF CHILD. (a) Subject to Chapter 152
188-21 and the Parental Kidnapping Prevention Act (28 U.S.C. Section
188-22 1738A), if the right to possession of a child is governed by a
188-23 court order, the court in a habeas corpus proceeding involving the
188-24 right to possession of the child shall compel return of the child
188-25 to the relator only if the court finds that the relator is entitled
188-26 to possession under the order.
188-27 (b) If the court finds that the previous order was granted
189-1 by a court that did not give the contestants reasonable notice of
189-2 the proceeding and an opportunity to be heard, the court may not
189-3 render an order in the habeas corpus proceeding compelling return
189-4 of the child on the basis of that order.
189-5 Sec. 157.373. RELATOR RELINQUISHED POSSESSION; TEMPORARY
189-6 ORDERS. (a) If the relator has by consent or acquiescence
189-7 relinquished actual possession and control of the child for not
189-8 less than 6 months preceding the date of the filing of the petition
189-9 for the writ, the court may either compel or refuse to order return
189-10 of the child.
189-11 (b) The court may disregard brief periods of possession and
189-12 control by the relator during the 6-month period.
189-13 (c) In a suit in which the court does not compel return of
189-14 the child, the court may issue temporary orders under Chapter 105
189-15 if a suit affecting the parent-child relationship is pending and
189-16 the parties have received notice of a hearing on temporary orders
189-17 set for the same time as the habeas corpus proceeding.
189-18 Sec. 157.374. WELFARE OF CHILD. Notwithstanding any other
189-19 provision of this subchapter, the court may render an appropriate
189-20 temporary order if there is a serious immediate question concerning
189-21 the welfare of the child.
189-22 Sec. 157.375. IMMUNITY TO CIVIL PROCESS. (a) While in this
189-23 state for the sole purpose of compelling the return of a child
189-24 through a habeas corpus proceeding, the relator is not amenable to
189-25 civil process and is not subject to the jurisdiction of any civil
189-26 court except the court in which the writ is pending. The relator
189-27 is subject to process and jurisdiction in that court only for the
190-1 purpose of prosecuting the writ.
190-2 (b) A request by the relator for costs, attorney's fees, and
190-3 necessary travel and other expenses under Chapter 106 or 152 is not
190-4 a waiver of immunity to civil process.
190-5 Sec. 157.376. NO EXISTING ORDER. (a) If the right to
190-6 possession of a child is not governed by an order, the court in a
190-7 habeas corpus proceeding involving the right of possession of the
190-8 child:
190-9 (1) shall compel return of the child to the parent if
190-10 the right of possession is between a parent and a nonparent and a
190-11 suit affecting the parent-child relationship has not been filed; or
190-12 (2) may either compel return of the child or issue
190-13 temporary orders under Chapter 105 if a suit affecting the
190-14 parent-child relationship is pending and the parties have received
190-15 notice of a hearing on temporary orders set for the same time as
190-16 the habeas corpus proceeding.
190-17 (b) The court may not use a habeas corpus proceeding to
190-18 adjudicate the right of possession of a child between two parents
190-19 or between two or more nonparents.
190-20 (Sections 157.377-157.420 reserved for expansion)
190-21 SUBCHAPTER I. CLARIFICATION OF ORDERS
190-22 Sec. 157.421. CLARIFYING NONSPECIFIC ORDER. (a) A court
190-23 may clarify an order rendered by the court in a proceeding under
190-24 this title if the court finds, on the motion of a party or on the
190-25 court's own motion, that the order is not specific enough to be
190-26 enforced by contempt.
190-27 (b) The court shall clarify the order by rendering an order
191-1 that is specific enough to be enforced by contempt.
191-2 (c) A clarified order does not affect the finality of the
191-3 order that it clarifies.
191-4 Sec. 157.422. PROCEDURE. (a) The procedure for filing a
191-5 motion for enforcement of a final order applies to a motion for
191-6 clarification.
191-7 (b) A person is not entitled to a jury in a proceeding under
191-8 this subchapter.
191-9 Sec. 157.423. SUBSTANTIVE CHANGE NOT ENFORCEABLE. (a) A
191-10 court may not change the substantive provisions of an order to be
191-11 clarified under this subchapter.
191-12 (b) A substantive change made by a clarification order is
191-13 not enforceable.
191-14 Sec. 157.424. RELATION TO MOTION FOR CONTEMPT. The court
191-15 may render a clarification order before a motion for contempt is
191-16 made or heard, in conjunction with a motion for contempt, or after
191-17 the denial of a motion for contempt.
191-18 Sec. 157.425. ORDER NOT RETROACTIVE. The court may not
191-19 provide that a clarification order is retroactive for the purpose
191-20 of enforcement by contempt.
191-21 Sec. 157.426. TIME ALLOWED TO COMPLY. (a) In a
191-22 clarification order, the court shall provide a reasonable time for
191-23 compliance.
191-24 (b) The clarification order may be enforced by contempt
191-25 after the time for compliance has expired.
191-26 CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT
191-27 SUBCHAPTER A. INCOME WITHHOLDING REQUIRED; GENERAL PROVISIONS
192-1 Sec. 158.001. INCOME WITHHOLDING IN ORIGINAL SUIT. Except
192-2 for good cause shown or on agreement of the parties, in a
192-3 proceeding in which periodic payments of child support are ordered
192-4 or modified, the court shall order that income be withheld from the
192-5 disposable earnings of the obligor as provided by this chapter.
192-6 Sec. 158.002. INCOME WITHHOLDING IN SUBSEQUENT ACTION. The
192-7 court shall order income withholding in a motion for enforcement if
192-8 the court finds that at the time of filing of the motion:
192-9 (1) the obligor has been in arrears for an amount due
192-10 for more than 30 days; and
192-11 (2) the amount of the arrearages is an amount equal to
192-12 or greater than the amount due for a one-month period.
192-13 Sec. 158.003. WITHHOLDING FOR ARREARAGES IN ADDITION TO
192-14 CURRENT SUPPORT. (a) In addition to income withheld for the
192-15 current support of a child, the court shall order that income be
192-16 withheld from the disposable earnings of the obligor to be applied
192-17 toward the liquidation of any child support arrearages, including
192-18 accrued interest as provided in Chapter 157.
192-19 (b) The additional amount to be withheld for arrearages
192-20 shall be an amount sufficient to discharge those arrearages in not
192-21 more than two years or an additional 20 percent added to the amount
192-22 of the current monthly support order, whichever amount will result
192-23 in the arrearages being discharged in the least amount of time.
192-24 Sec. 158.004. WITHHOLDING FOR ARREARAGES WHEN NO CURRENT
192-25 SUPPORT IS DUE. If current support is no longer owed, the court
192-26 shall order that income be withheld for arrearages, including
192-27 accrued interest as provided in Chapter 157, in an amount
193-1 sufficient to discharge those arrearages in not more than two
193-2 years.
193-3 Sec. 158.005. WITHHOLDING TO SATISFY JUDGMENT FOR
193-4 ARREARAGES. In rendering a cumulative judgment for arrearages, the
193-5 court shall order that a reasonable amount of income be withheld
193-6 from the disposable earnings of the obligor to be applied toward
193-7 the satisfaction of the judgment.
193-8 Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a
193-9 Title IV-D case, the court shall order that income be withheld from
193-10 the disposable earnings of the obligor and that all child support
193-11 payments be paid through a local registry or directly to the Title
193-12 IV-D agency.
193-13 Sec. 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT;
193-14 UNREASONABLE HARDSHIP. If the court finds that the schedule for
193-15 discharging arrearages would cause the obligor, the obligor's
193-16 family, or children for whom support is due from the obligor to
193-17 suffer unreasonable hardship, the court may extend the payment
193-18 period for a reasonable length of time.
193-19 Sec. 158.008. PRIORITY OF WITHHOLDING. An order or writ of
193-20 withholding has priority over any garnishment, attachment,
193-21 execution, or other assignment or order affecting disposable
193-22 earnings.
193-23 Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An
193-24 order or writ of withholding shall direct that any employer of the
193-25 obligor withhold from the obligor's disposable earnings the amount
193-26 specified in the order up to a maximum amount of 50 percent of the
193-27 obligor's disposable earnings.
194-1 Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING
194-2 BUSINESS IN STATE. An order or writ of withholding delivered to an
194-3 employer doing business in this state is binding on the employer
194-4 without regard to whether the obligor resides or works outside this
194-5 state.
194-6 (Sections 158.011-158.100 reserved for expansion)
194-7 SUBCHAPTER B. PROCEDURE
194-8 Sec. 158.101. APPLICABILITY OF PROCEDURE. Except as
194-9 otherwise provided in this chapter, the procedure for a motion for
194-10 enforcement of child support as provided in Chapter 157 applies to
194-11 an action for income withholding.
194-12 Sec. 158.102. TIME LIMITATIONS. The court retains
194-13 jurisdiction to render an order that provides for income to be
194-14 withheld from the disposable earnings of the obligor if the motion
194-15 for income withholding is filed not later than the fourth
194-16 anniversary of the date:
194-17 (1) the child becomes an adult;
194-18 (2) the child support obligation terminates as
194-19 provided in the order or by operation of law; or
194-20 (3) an order of withholding was rendered or a writ of
194-21 withholding was issued and arrearages have not been fully
194-22 discharged.
194-23 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
194-24 withholding shall state:
194-25 (1) the style, cause number, and court having
194-26 continuing jurisdiction of the suit;
194-27 (2) the name, address, and, if available, the social
195-1 security number of the obligor;
195-2 (3) the amount and duration of the child support
195-3 payments;
195-4 (4) the name, address, and, if available, the social
195-5 security numbers of the child and the obligee;
195-6 (5) the name and address of the person or agency to
195-7 whom the payments shall be made;
195-8 (6) that the obligor is required to notify the court
195-9 promptly of any change affecting the order; and
195-10 (7) that the ordered amount shall be paid to a local
195-11 registry or the Title IV-D agency.
195-12 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
195-13 WITHHOLDING. A request for issuance of an order or writ of
195-14 withholding may be filed with the clerk of the court by the
195-15 prosecuting attorney, the Title IV-D agency, the obligor, or the
195-16 obligee.
195-17 Sec. 158.105. ISSUANCE AND DELIVERY OF ORDER OR WRIT OF
195-18 WITHHOLDING. (a) On filing a request for issuance of an order or
195-19 writ of withholding, the clerk of the court shall cause a certified
195-20 copy of the order or writ to be delivered to the obligor's current
195-21 employer or to any subsequent employer of the obligor.
195-22 (b) In order to inform the employer, the clerk shall attach
195-23 a copy of this subchapter to the order or writ.
195-24 (c) The clerk shall issue and mail the certified copy of the
195-25 order or writ not later than the fourth working day after the date
195-26 the order is signed or the request is filed, whichever is later.
195-27 (d) An order or writ of withholding shall be delivered to
196-1 the employer by certified or registered mail, return receipt
196-2 requested, or by service of citation to:
196-3 (1) the person authorized to receive service of
196-4 process for the employer in civil cases generally; or
196-5 (2) a person designated by the employer, by written
196-6 notice to the clerk, to receive orders or notices of withholding.
196-7 Sec. 158.106. FORMS FOR INCOME WITHHOLDING. (a) The Title
196-8 IV-D agency shall prescribe a form for:
196-9 (1) the order of withholding that is sufficient if
196-10 rendered by a court in substantially the prescribed manner;
196-11 (2) a notice of withholding; and
196-12 (3) a writ of withholding that is sufficient when
196-13 issued by the clerk of the court substantially in the manner
196-14 provided by Subchapter E.
196-15 (b) The Title IV-D agency shall make the appropriate forms
196-16 available to obligors, obligees, domestic relations offices,
196-17 friends of the court, and private attorneys.
196-18 (c) The Title IV-D agency may prescribe additional forms for
196-19 the efficient collection of child support and to promote the
196-20 administration of justice for all parties.
196-21 (Sections 158.107-158.200 reserved for expansion)
196-22 SUBCHAPTER C. RIGHTS AND DUTIES OF EMPLOYER
196-23 Sec. 158.201. NOTICE TO EMPLOYER. An employer who may be
196-24 directed to withhold income from earnings as provided by this
196-25 chapter need not be given notice of the proceedings before the
196-26 order or writ of withholding is issued.
196-27 Sec. 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.
197-1 An employer shall begin to withhold income in accordance with an
197-2 order or writ of withholding not later than the first pay period
197-3 following the date on which the order or writ was delivered to the
197-4 employer and shall continue to withhold income as provided in the
197-5 order or writ as long as the obligor is employed by the employer.
197-6 Sec. 158.203. REMITTING WITHHELD PAYMENTS. The employer
197-7 shall remit the amount to be withheld to the person or office named
197-8 in the order or writ on each pay date. The payment must include
197-9 the date on which the withholding occurred.
197-10 Sec. 158.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An
197-11 employer may deduct an administrative fee of not more than $5 each
197-12 month from the obligor's disposable earnings in addition to the
197-13 amount to be withheld as child support.
197-14 Sec. 158.205. HEARING REQUESTED BY EMPLOYER. (a) Not later
197-15 than the 20th day after the date an order or writ of withholding is
197-16 delivered, the employer may file a motion for a hearing on the
197-17 applicability of the order or writ to the employer.
197-18 (b) The hearing under this section shall be held not later
197-19 than the 15th day after the date the motion was filed.
197-20 (c) An order or writ remains binding and payments shall
197-21 continue to be made pending further order of the court.
197-22 Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR
197-23 PAYMENTS. (a) An employer receiving an order or writ of
197-24 withholding who complies with the order or writ is not liable to
197-25 the obligor for the amount of income withheld and paid as provided
197-26 in the order or writ.
197-27 (b) An employer receiving an order or writ of withholding
198-1 who does not comply with the order or writ is liable:
198-2 (1) to the obligee for the amount not paid in
198-3 compliance with the order or writ, including the amount the obligor
198-4 is required to pay for health insurance under Chapter 154;
198-5 (2) to the obligor for the amount withheld and not
198-6 paid; and
198-7 (3) for reasonable attorney's fees and court costs.
198-8 Sec. 158.207. EMPLOYER RECEIVING MORE THAN ONE ORDER OR
198-9 WRIT. (a) An employer receiving two or more orders or writs for
198-10 one obligor shall comply with each order or writ to the extent
198-11 possible.
198-12 (b) If the total amount due under the orders or writs
198-13 exceeds the maximum amount allowed to be withheld under Section
198-14 158.009, the employer shall pay an equal amount towards the current
198-15 support portion of all orders or writs until the employer has
198-16 complied fully with each order or writ and, thereafter, equal
198-17 amounts on the arrearages until the employer has complied with each
198-18 order or writ, or until the maximum total amount of allowed
198-19 withholding is reached, whichever occurs first.
198-20 Sec. 158.208. EMPLOYER MAY COMBINE AMOUNTS WITHHELD. An
198-21 employer required to withhold from more than one obligor may
198-22 combine the amounts withheld and make a single payment to each
198-23 agency designated if the employer separately identifies the amount
198-24 of the payment that is attributable to each obligor.
198-25 Sec. 158.209. EMPLOYER'S PENALTY FOR DISCRIMINATORY HIRING
198-26 OR DISCHARGE. (a) An employer may not use an order or writ of
198-27 withholding as grounds in whole or part for the termination of
199-1 employment or for any other disciplinary action against an
199-2 employee.
199-3 (b) An employer may not refuse to hire an employee because
199-4 of an order or writ of withholding.
199-5 (c) If an employer intentionally discharges an employee in
199-6 violation of this section, the employer continues to be liable to
199-7 the employee for current wages and other benefits and for
199-8 reasonable attorney's fees and court costs incurred by the employee
199-9 in enforcing the employee's rights as provided in this section.
199-10 (d) An action under this section may be brought only by the
199-11 employee.
199-12 Sec. 158.210. FINE FOR NONCOMPLIANCE. (a) In addition to
199-13 the civil remedies provided by this subchapter or any other remedy
199-14 provided by law, an employer who knowingly violates the provisions
199-15 of this chapter may be subject to a fine not to exceed $200 for
199-16 each occurrence in which the employer fails to withhold.
199-17 (b) A fine recovered under this section shall be paid to the
199-18 obligee and credited against any amounts owed by the obligor.
199-19 Sec. 158.211. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW
199-20 EMPLOYMENT. (a) If an obligor terminates employment with an
199-21 employer who has been withholding income, both the obligor and the
199-22 employer shall notify the court and the obligee of that fact not
199-23 later than the seventh day after the date employment terminated and
199-24 shall provide the obligor's last known address and the name and
199-25 address of the obligor's new employer, if known.
199-26 (b) The obligor has a continuing duty to inform any
199-27 subsequent employer of the order or writ of withholding after
200-1 obtaining employment.
200-2 (Sections 158.212-158.300 reserved for expansion)
200-3 SUBCHAPTER D. WRIT OF WITHHOLDING
200-4 Sec. 158.301. NOTICE OF WITHHOLDING; FILING. (a) A notice
200-5 of withholding may be filed if:
200-6 (1) a delinquency occurs in child support payments in
200-7 an amount equal to or greater than the total support due for one
200-8 month; or
200-9 (2) income withholding was not ordered at the time
200-10 child support was ordered.
200-11 (b) The notice of withholding may be filed in the court of
200-12 continuing jurisdiction by:
200-13 (1) the Title IV-D agency;
200-14 (2) the attorney representing the local domestic
200-15 relations office;
200-16 (3) the attorney appointed a friend of the court as
200-17 provided in Chapter 202; or
200-18 (4) a private attorney representing the obligor or
200-19 obligee.
200-20 (c) The Title IV-D agency shall in a Title IV-D case file a
200-21 notice of withholding on request of the obligor or obligee.
200-22 Sec. 158.302. CONTENTS OF NOTICE OF WITHHOLDING. The notice
200-23 of withholding shall be verified and:
200-24 (1) state the amount of monthly support due, the
200-25 amount of arrearages or anticipated arrearages, including accrued
200-26 interest, and the amount of wages that will be withheld by the writ
200-27 of withholding;
201-1 (2) state that the withholding applies to each current
201-2 or subsequent employer or period of employment;
201-3 (3) state that if the obligor does not contest the
201-4 withholding within 10 days after the date of receipt of the notice
201-5 of withholding, the obligor's employer will be notified to begin
201-6 the withholding;
201-7 (4) describe the procedures for contesting the
201-8 issuance and delivery of a writ of withholding;
201-9 (5) state that if the obligor contests the
201-10 withholding, the obligor will be afforded an opportunity for a
201-11 hearing by the court not later than the 30th day after the date of
201-12 receipt of the notice of contest;
201-13 (6) state that the sole ground for successfully
201-14 contesting the issuance of a notice of withholding is a dispute
201-15 concerning the identity of the obligor or the existence or amount
201-16 of the arrearages, including accrued interest;
201-17 (7) describe the actions that the attorney will take
201-18 if the obligor contests the withholding, including the procedures
201-19 for suspending issuance of a writ of withholding; and
201-20 (8) include with the notice a suggested form for the
201-21 motion to stay issuance and delivery of the writ of withholding
201-22 that the obligor may file with the clerk of the appropriate court.
201-23 Sec. 158.303. INTERSTATE REQUEST FOR INCOME WITHHOLDING.
201-24 (a) In a Title IV-D case, the registration of a foreign support
201-25 order as provided in Chapter 160 is sufficient for the filing of a
201-26 notice of withholding.
201-27 (b) The notice shall be filed with the clerk of the court
202-1 having venue as provided in Chapter 160.
202-2 (c) Notice of withholding may be delivered to the obligor at
202-3 the same time that an order is filed for registration under Chapter
202-4 160.
202-5 Sec. 158.304. ANTICIPATED VIOLATIONS. If the notice of
202-6 withholding claims that the obligor has repeatedly violated the
202-7 order, the movant may plead anticipated future violations of a
202-8 similar nature may arise between the filing of the notice and the
202-9 date of the hearing or the issuance of a writ of withholding.
202-10 Sec. 158.305. TIME LIMITATIONS. A notice of withholding
202-11 must be filed not later than the fourth anniversary of the date:
202-12 (1) the child becomes an adult;
202-13 (2) the child support obligation terminates as
202-14 provided in the decree or order or by operation of law; or
202-15 (3) an order of withholding was rendered or a writ of
202-16 withholding was issued and arrearages have not been discharged.
202-17 Sec. 158.306. DELIVERY OF NOTICE OF WITHHOLDING; TIME OF
202-18 DELIVERY. (a) A notice of withholding may be delivered to the
202-19 obligor by:
202-20 (1) hand delivery by a person designated by the Title
202-21 IV-D agency or local domestic relations office;
202-22 (2) first-class or certified mail, return receipt
202-23 requested, addressed to the obligor's last known address or place
202-24 of employment; or
202-25 (3) by service of citation as in civil cases
202-26 generally.
202-27 (b) If the notice is delivered by mailing or hand delivery,
203-1 the attorney who filed the notice shall file with the court a
203-2 certificate stating the name, address, and date on which the
203-3 mailing or hand delivery was made.
203-4 (c) Notice is considered to have been received by the
203-5 obligor:
203-6 (1) if hand delivered, on the date of delivery;
203-7 (2) if mailed by certified mail, on the date of
203-8 receipt;
203-9 (3) if mailed by first-class mail, on the 10th day
203-10 after the date the notice was mailed; or
203-11 (4) if delivered by service of citation, on the date
203-12 of service.
203-13 Sec. 158.307. MOTION TO STAY ISSUANCE OF WRIT OF
203-14 WITHHOLDING. (a) The obligor may stay issuance of a writ of
203-15 withholding by filing a motion to stay issuance with the clerk of
203-16 court not later than the 10th day after the date the notice was
203-17 received.
203-18 (b) The grounds for filing a motion to stay issuance are
203-19 limited to a dispute concerning the identity of the obligor or the
203-20 existence or the amount of the arrearages.
203-21 (c) The obligor shall verify that statements of fact in the
203-22 motion to stay issuance of the writ are true and correct.
203-23 Sec. 158.308. EFFECT OF FILING MOTION TO STAY. The filing
203-24 of a motion to stay issuance by an obligor in the manner provided
203-25 by Section 158.307 prohibits the clerk of court from delivering the
203-26 writ of income withholding to any employer of the obligor before a
203-27 hearing is held.
204-1 Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion
204-2 to stay issuance is filed in the manner provided by Section
204-3 158.307, the court shall set a hearing on the motion and the clerk
204-4 of court shall notify the obligor, obligee, or their authorized
204-5 representatives, and the attorney who filed the notice of
204-6 withholding of the date, time, and place of the hearing.
204-7 (b) The court shall hold a hearing on the motion to stay not
204-8 later than the 30th day after the date the motion was filed.
204-9 (c) After the hearing, the court shall render an order for
204-10 income withholding or deny the requested relief not later than the
204-11 45th day after the date the notice of withholding was received by
204-12 the obligor.
204-13 Sec. 158.310. SPECIAL EXCEPTIONS. (a) A defect in a notice
204-14 of withholding is waived unless the respondent specially excepts in
204-15 writing and cites with particularity the alleged defect, obscurity,
204-16 or other ambiguity in the notice.
204-17 (b) A special exception under this section must be heard by
204-18 the court before hearing the motion to stay issuance.
204-19 (c) If the court sustains an exception, the court shall
204-20 provide the attorney filing the notice of withholding an
204-21 opportunity to refile the notice and the court shall continue the
204-22 hearing to a date certain without the requirement of additional
204-23 service.
204-24 Sec. 158.311. ARREARAGES. (a) Payment of arrearages after
204-25 receipt of notice of withholding may not be the sole basis for the
204-26 court to refuse to order withholding.
204-27 (b) The court shall order that a reasonable amount of income
205-1 be withheld to be applied toward the liquidation of arrearages,
205-2 even though a judgment confirming arrearages has been rendered
205-3 against the obligor.
205-4 Sec. 158.312. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF
205-5 WITHHOLDING. (a) If a notice of withholding is delivered and a
205-6 motion to stay is not filed within the time limits provided by
205-7 Section 158.307, the attorney who filed the notice of withholding
205-8 shall file a request for issuance of the writ of withholding by the
205-9 clerk of the court.
205-10 (b) The request for issuance may not be filed before the
205-11 11th day after the date of receipt of the notice of withholding by
205-12 the obligor.
205-13 Sec. 158.313. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.
205-14 (a) On the filing of a request for issuance of a writ of
205-15 withholding, the clerk of the court shall issue the writ.
205-16 (b) The writ shall be delivered as provided by Subchapter B.
205-17 (c) The clerk shall issue and mail the writ not later than
205-18 the second working day after the date the request is filed.
205-19 Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The writ of
205-20 income withholding must direct the employer or a subsequent
205-21 employer to withhold from the obligor's disposable income for
205-22 current child support and child support arrearages an amount that
205-23 is consistent with the provisions of this chapter regarding orders
205-24 of withholding.
205-25 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE BY ATTORNEY;
205-26 UNREASONABLE HARDSHIP. If the attorney who filed the notice of
205-27 withholding finds that the schedule for repaying arrearages would
206-1 cause the obligor, the obligor's family, or the children for whom
206-2 the support is due from the obligor to suffer unreasonable
206-3 hardship, the attorney may extend the payment period in the writ.
206-4 Sec. 158.316. PAYMENT OF AMOUNT TO BE WITHHELD. The amount
206-5 to be withheld shall be paid to the person or office named in the
206-6 writ on each pay date and shall include with the payment the date
206-7 on which the withholding occurred.
206-8 Sec. 158.317. FAILURE TO RECEIVE NOTICE OF WITHHOLDING. (a)
206-9 Not later than the 30th day after the date of the first pay period
206-10 following the date of delivery of the writ to the obligor's
206-11 employer, the obligor may file an affidavit with the court that a
206-12 motion to stay issuance and delivery was not timely filed because
206-13 the notice of withholding was not received by the obligor and that
206-14 grounds exist for a motion to stay issuance and delivery.
206-15 (b) Concurrently with the filing of the affidavit, the
206-16 obligor may file a motion to withdraw the writ of income
206-17 withholding and request a hearing on the notice of delinquency.
206-18 (c) Income withholding may not be interrupted until after
206-19 the hearing at which the court renders an order denying or
206-20 modifying withholding.
206-21 (Sections 158.318-158.400 reserved for expansion)
206-22 SUBCHAPTER E. MODIFICATION, REDUCTION,
206-23 OR TERMINATION OF WITHHOLDING
206-24 Sec. 158.401. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
206-25 BY TITLE IV-D AGENCY. (a) The Title IV-D agency shall establish
206-26 procedures for the reduction in the amount of or termination of
206-27 withholding from income on the liquidation of an arrearages or the
207-1 termination of the obligation of support in Title IV-D cases. The
207-2 procedures shall provide that the payment of overdue support may
207-3 not be used as the sole basis for terminating withholding.
207-4 (b) The Title IV-D agency shall cause the clerk of the court
207-5 to issue and to deliver a writ of withholding to the obligor's
207-6 employer reflecting any modification or changes in the amount to be
207-7 withheld or the termination of withholding.
207-8 Sec. 158.402. DELIVERY OF ORDER OF REDUCTION OR TERMINATION
207-9 OF WITHHOLDING. If a court has rendered an order that reduces the
207-10 amount of child support to be withheld or terminates withholding
207-11 for child support, any person or governmental entity may deliver to
207-12 the employer a certified copy of the order without the requirement
207-13 that the clerk of the court deliver the order.
207-14 Sec. 158.403. LIABILITY OF EMPLOYERS. The provisions of
207-15 this chapter regarding the liability of employers for withholding
207-16 apply to an order that reduces or terminates withholding.
207-17 CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT
207-18 SUBCHAPTER A. CONFLICTS BETWEEN PROVISIONS
207-19 Sec. 159.001. CONFLICTS BETWEEN PROVISIONS. If a provision
207-20 of this chapter conflicts with a provision of this title or another
207-21 statute or rule of this state and the conflict cannot be
207-22 reconciled, this chapter prevails.
207-23 (Sections 159.002-159.100 reserved for expansion)
207-24 SUBCHAPTER B. GENERAL PROVISIONS
207-25 Sec. 159.101. DEFINITIONS. In this chapter:
207-26 (1) "Child" means an individual, whether over or under
207-27 the age of majority, who:
208-1 (A) is or is alleged to be owed a duty of
208-2 support by the individual's parent; or
208-3 (B) is or is alleged to be the beneficiary of a
208-4 support order directed to the parent.
208-5 (2) "Child support order" means a support order for a
208-6 child, including a child who has attained the age of majority under
208-7 the law of the issuing state.
208-8 (3) "Duty of support" means an obligation imposed or
208-9 imposable by law to provide support for a child, spouse, or former
208-10 spouse, including an unsatisfied obligation to provide support.
208-11 (4) "Home state" means the state in which a child
208-12 lived with a parent or a person acting as parent for at least six
208-13 consecutive months preceding the time of filing of a petition or a
208-14 comparable pleading for support and, if a child is less than six
208-15 months old, the state in which the child lived with a parent or a
208-16 person acting as parent from the time of birth. A period of
208-17 temporary absence of any of them is counted as part of the
208-18 six-month or other period.
208-19 (5) "Income" includes earnings or other periodic
208-20 entitlements to money from any source and any other property
208-21 subject to withholding for support under the law of this state.
208-22 (6) "Income-withholding order" means an order or other
208-23 legal process directed to an obligor's employer, as provided in
208-24 Chapter 158, to withhold support from the income of the obligor.
208-25 (7) "Initiating state" means a state in which a
208-26 proceeding under this chapter or a law substantially similar to
208-27 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
209-1 the Revised Uniform Reciprocal Enforcement of Support Act is filed
209-2 for forwarding to a responding state.
209-3 (8) "Initiating tribunal" means the authorized
209-4 tribunal in an initiating state.
209-5 (9) "Issuing state" means the state in which a
209-6 tribunal issues a support order or renders a judgment determining
209-7 parentage.
209-8 (10) "Issuing tribunal" means the tribunal that issues
209-9 a support order or renders a judgment determining parentage.
209-10 (11) "Law" includes decisional and statutory law and
209-11 rules and regulations having the force of law.
209-12 (12) "Obligee" means:
209-13 (A) an individual to whom a duty of support is
209-14 or is alleged to be owed or in whose favor a support order has been
209-15 issued or a judgment determining parentage has been rendered;
209-16 (B) a state or political subdivision to which
209-17 the rights under a duty of support or support order have been
209-18 assigned or that has independent claims based on financial
209-19 assistance provided to an individual obligee; or
209-20 (C) an individual seeking a judgment determining
209-21 parentage of the individual's child.
209-22 (13) "Obligor" means an individual or the estate of a
209-23 decedent:
209-24 (A) who owes or is alleged to owe a duty of
209-25 support;
209-26 (B) who is alleged but has not been adjudicated
209-27 to be a parent of a child; or
210-1 (C) who is liable under a support order.
210-2 (14) "Register" means to file a support order or
210-3 judgment determining parentage in the registry of foreign support
210-4 orders.
210-5 (15) "Registering tribunal" means a tribunal in which
210-6 a support order is registered.
210-7 (16) "Responding state" means a state to which a
210-8 proceeding is forwarded under this chapter or a law substantially
210-9 similar to this chapter, the Uniform Reciprocal Enforcement of
210-10 Support Act, or the Revised Uniform Reciprocal Enforcement of
210-11 Support Act.
210-12 (17) "Responding tribunal" means the authorized
210-13 tribunal in a responding state.
210-14 (18) "Spousal support order" means a support order for
210-15 a spouse or former spouse of the obligor.
210-16 (19) "State" means a state of the United States, the
210-17 District of Columbia, the Commonwealth of Puerto Rico, or any
210-18 territory or insular possession subject to the jurisdiction of the
210-19 United States. The term includes an Indian tribe and a foreign
210-20 jurisdiction that has established procedures for issuance and
210-21 enforcement of support orders that are substantially similar to the
210-22 procedures under this chapter.
210-23 (20) "Support enforcement agency" means a public
210-24 official or agency authorized to seek:
210-25 (A) enforcement of support orders or laws
210-26 relating to the duty of support;
210-27 (B) establishment or modification of child
211-1 support;
211-2 (C) determination of parentage; or
211-3 (D) the location of obligors or their assets.
211-4 "Support enforcement agency" does not include a
211-5 domestic relations office unless that office has entered into a
211-6 cooperative agreement with the Title IV-D agency to perform duties
211-7 under this chapter.
211-8 (21) "Support order" means a judgment, decree, or
211-9 order, whether temporary, final, or subject to modification, for
211-10 the benefit of a child, a spouse, or a former spouse that provides
211-11 for monetary support, health care, arrearages, or reimbursement and
211-12 may include related costs and fees, interest, income withholding,
211-13 attorney's fees, and other relief.
211-14 (22) "Tribunal" means a court, administrative agency,
211-15 or quasi-judicial entity authorized to establish, enforce, or
211-16 modify support orders or to determine parentage.
211-17 Sec. 159.102. TRIBUNAL OF THIS STATE. The court is the
211-18 tribunal of this state.
211-19 Sec. 159.103. REMEDIES CUMULATIVE. Remedies provided in
211-20 this chapter are cumulative and do not affect the availability of
211-21 remedies under other law.
211-22 (Sections 159.104-159.200 reserved for expansion)
211-23 SUBCHAPTER C. JURISDICTION
211-24 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
211-25 proceeding to establish, enforce, or modify a support order or to
211-26 determine parentage, a tribunal of this state may exercise personal
211-27 jurisdiction over a nonresident individual or the individual's
212-1 guardian or conservator if:
212-2 (1) the individual is personally served with citation
212-3 in this state;
212-4 (2) the individual submits to the jurisdiction of this
212-5 state by consent, by entering a general appearance, or by filing a
212-6 responsive document having the effect of waiving any contest to
212-7 personal jurisdiction;
212-8 (3) the individual resided with the child in this
212-9 state;
212-10 (4) the individual resided in this state and provided
212-11 prenatal expenses or support for the child;
212-12 (5) the child resides in this state as a result of the
212-13 acts or directives of the individual;
212-14 (6) the individual engaged in sexual intercourse in
212-15 this state and the child may have been conceived by that act of
212-16 intercourse; or
212-17 (7) there is any other basis consistent with the
212-18 constitutions of this state and the United States for the exercise
212-19 of personal jurisdiction.
212-20 Sec. 159.202. PROCEDURE WHEN EXERCISING JURISDICTION OVER
212-21 NONRESIDENT. A tribunal of this state exercising personal
212-22 jurisdiction over a nonresident under Section 159.201 may apply
212-23 Section 159.316 to receive evidence from another state and Section
212-24 159.318 to obtain discovery through a tribunal of another state.
212-25 In all other respects, Subchapters D-H do not apply and the
212-26 tribunal shall apply the procedural and substantive law of this
212-27 state, including the rules on choice of law other than those
213-1 established by this chapter.
213-2 Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF THIS
213-3 STATE. Under this chapter, a tribunal of this state may serve as
213-4 an initiating tribunal to forward proceedings to another state and
213-5 as a responding tribunal for proceedings initiated in another
213-6 state.
213-7 Sec. 159.204. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.
213-8 (a) A tribunal of this state may exercise jurisdiction to
213-9 establish a support order if the petition or comparable pleading is
213-10 filed after a pleading is filed in another state only if:
213-11 (1) the petition or comparable pleading in this state
213-12 is filed before the expiration of the time allowed in the other
213-13 state for filing a responsive pleading challenging the exercise of
213-14 jurisdiction by the other state;
213-15 (2) the contesting party timely challenges the
213-16 exercise of jurisdiction in the other state; and
213-17 (3) if relevant, this state is the home state of the
213-18 child.
213-19 (b) A tribunal of this state may not exercise jurisdiction
213-20 to establish a support order if the petition or comparable pleading
213-21 is filed before a petition or comparable pleading is filed in
213-22 another state if:
213-23 (1) the petition or comparable pleading in the other
213-24 state is filed before the expiration of the time allowed in this
213-25 state for filing a responsive pleading challenging the exercise of
213-26 jurisdiction by this state;
213-27 (2) the contesting party timely challenges the
214-1 exercise of jurisdiction in this state; and
214-2 (3) if relevant, the other state is the home state of
214-3 the child.
214-4 Sec. 159.205. CONTINUING, EXCLUSIVE JURISDICTION. (a) A
214-5 tribunal of this state issuing a support order consistent with the
214-6 law of this state has continuing, exclusive jurisdiction over a
214-7 child support order:
214-8 (1) as long as this state remains the residence of the
214-9 obligor, the individual obligee, or the child for whose benefit the
214-10 support order is issued; or
214-11 (2) until each individual party has filed written
214-12 consent with the tribunal of this state for a tribunal of another
214-13 state to modify the order and assume continuing, exclusive
214-14 jurisdiction.
214-15 (b) A tribunal of this state issuing a child support order
214-16 consistent with the law of this state may not exercise its
214-17 continuing jurisdiction to modify the order if the order has been
214-18 modified by a tribunal of another state under a law substantially
214-19 similar to this chapter.
214-20 (c) If a child support order of this state is modified by a
214-21 tribunal of another state under a law substantially similar to this
214-22 chapter, a tribunal of this state loses its continuing, exclusive
214-23 jurisdiction with regard to prospective enforcement of the order
214-24 issued in this state and may only:
214-25 (1) enforce the order that was modified as to amounts
214-26 accruing before the modification;
214-27 (2) enforce nonmodifiable aspects of that order; and
215-1 (3) provide other appropriate relief for violations of
215-2 that order that occurred before the effective date of the
215-3 modification.
215-4 (d) A tribunal of this state shall recognize the continuing,
215-5 exclusive jurisdiction of a tribunal of another state that issued a
215-6 child support order under a law substantially similar to this
215-7 chapter.
215-8 (e) A temporary support order issued ex parte or pending
215-9 resolution of a jurisdictional conflict does not create continuing,
215-10 exclusive jurisdiction in the issuing tribunal.
215-11 (f) A tribunal of this state issuing a support order
215-12 consistent with the law of this state has continuing, exclusive
215-13 jurisdiction over a spousal support order throughout the existence
215-14 of the support obligation. A tribunal of this state may not modify
215-15 a spousal support order issued by a tribunal of another state
215-16 having continuing, exclusive jurisdiction over that order under the
215-17 law of that state.
215-18 Sec. 159.206. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
215-19 BY TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal of
215-20 this state may serve as an initiating tribunal to request a
215-21 tribunal of another state to enforce or modify a support order
215-22 issued in that state.
215-23 (b) A tribunal of this state having continuing, exclusive
215-24 jurisdiction over a support order may act as a responding tribunal
215-25 to enforce or modify the order. If a party subject to the
215-26 tribunal's continuing, exclusive jurisdiction no longer resides in
215-27 the issuing state, in subsequent proceedings the tribunal may apply
216-1 Section 159.316 to receive evidence from another state and Section
216-2 159.318 to obtain discovery through a tribunal of another state.
216-3 (c) A tribunal of this state that lacks continuing,
216-4 exclusive jurisdiction over a spousal support order may not serve
216-5 as a responding tribunal to modify a spousal support order of
216-6 another state.
216-7 Sec. 159.207. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If
216-8 a proceeding is brought under this chapter and one or more child
216-9 support orders have been issued in this or another state with
216-10 regard to an obligor and a child, a tribunal of this state shall
216-11 apply the following rules in determining which order to recognize
216-12 for purposes of continuing, exclusive jurisdiction:
216-13 (1) if only one tribunal has issued a child support
216-14 order, the order of that tribunal must be recognized;
216-15 (2) if two or more tribunals have issued child support
216-16 orders for the same obligor and child and only one of the tribunals
216-17 would have continuing, exclusive jurisdiction under this chapter,
216-18 the order of that tribunal must be recognized;
216-19 (3) if two or more tribunals have issued child support
216-20 orders for the same obligor and child and more than one of the
216-21 tribunals would have continuing, exclusive jurisdiction under this
216-22 chapter, an order issued by a tribunal in the current home state of
216-23 the child must be recognized, but if an order has not been issued
216-24 in the current home state of the child, the order most recently
216-25 issued must be recognized; and
216-26 (4) if two or more tribunals have issued child support
216-27 orders for the same obligor and child and none of the tribunals
217-1 would have continuing, exclusive jurisdiction under this chapter,
217-2 the tribunal of this state may issue a child support order that
217-3 must be recognized.
217-4 (b) The tribunal that issues an order recognized under
217-5 Subsection (a) is the tribunal that has continuing, exclusive
217-6 jurisdiction.
217-7 Sec. 159.208. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE
217-8 OBLIGEES. In responding to multiple registrations or petitions for
217-9 enforcement of two or more child support orders in effect at the
217-10 same time with regard to the same obligor and different individual
217-11 obligees, at least one of which was issued by a tribunal of another
217-12 state, a tribunal of this state shall enforce those orders in the
217-13 same manner as if the multiple orders had been issued by a tribunal
217-14 of this state.
217-15 Sec. 159.209. CREDIT FOR PAYMENTS. Amounts collected and
217-16 credited for a particular period under a support order issued by a
217-17 tribunal of another state must be credited against the amounts
217-18 accruing or accrued for the same period under a support order
217-19 issued by the tribunal of this state.
217-20 (Sections 159.210-159.300 reserved for expansion)
217-21 SUBCHAPTER D. CIVIL PROVISIONS OF GENERAL APPLICATION
217-22 Sec. 159.301. PROCEEDINGS UNDER THIS CHAPTER. (a) Except
217-23 as otherwise provided in this chapter, this subchapter applies to
217-24 all proceedings under this chapter.
217-25 (b) This chapter provides for the following proceedings:
217-26 (1) establishment of an order for spousal support or
217-27 child support under Section 159.401;
218-1 (2) enforcement of a support order and
218-2 income-withholding order of another state without registration
218-3 under Subchapter F;
218-4 (3) registration of an order for spousal support or
218-5 child support of another state for enforcement under Subchapter G;
218-6 (4) modification of an order for child support or
218-7 spousal support issued by a tribunal of this state under Sections
218-8 159.203-159.205;
218-9 (5) registration of an order for child support of
218-10 another state for modification under Subchapter G;
218-11 (6) determination of parentage under Subchapter H; and
218-12 (7) assertion of jurisdiction over nonresidents under
218-13 Sections 159.201 and 159.202.
218-14 (c) An individual or a support enforcement agency may
218-15 commence a proceeding authorized under this chapter by filing a
218-16 petition in an initiating tribunal for forwarding to a responding
218-17 tribunal or by filing a petition or a comparable pleading directly
218-18 in a tribunal of another state that has or that can obtain personal
218-19 jurisdiction over the respondent.
218-20 Sec. 159.302. ACTION BY MINOR PARENT. A minor parent or a
218-21 guardian or other legal representative of a minor parent may
218-22 maintain a proceeding on behalf of or for the benefit of the
218-23 minor's child.
218-24 Sec. 159.303. APPLICATION OF LAW OF THIS STATE. Except as
218-25 otherwise provided in this chapter, a responding tribunal of this
218-26 state shall:
218-27 (1) apply the procedural and substantive law,
219-1 including the rules on choice of law, generally applicable to
219-2 similar proceedings originating in this state and may exercise all
219-3 powers and provide all remedies available in those proceedings; and
219-4 (2) determine the duty of support and the amount
219-5 payable in accordance with the law and support guidelines of this
219-6 state.
219-7 Sec. 159.304. DUTIES OF INITIATING TRIBUNAL. On the filing
219-8 of a petition authorized by this chapter, an initiating tribunal of
219-9 this state shall forward three copies of the petition and its
219-10 accompanying documents:
219-11 (1) to the responding tribunal or appropriate support
219-12 enforcement agency in the responding state; or
219-13 (2) if the identity of the responding tribunal is
219-14 unknown, to the state information agency of the responding state
219-15 with a request that they be forwarded to the appropriate tribunal
219-16 and that receipt be acknowledged.
219-17 Sec. 159.305. DUTIES AND POWERS OF RESPONDING TRIBUNAL. (a)
219-18 When a responding tribunal of this state receives a petition or
219-19 comparable pleading from an initiating tribunal or directly under
219-20 Section 159.301(c), the responding tribunal shall cause the
219-21 petition or pleading to be filed and notify the petitioner by first
219-22 class mail where and when it was filed.
219-23 (b) A responding tribunal of this state, to the extent
219-24 otherwise authorized by law, may do one or more of the following:
219-25 (1) issue or enforce a support order, modify a child
219-26 support order, or render a judgment to determine parentage;
219-27 (2) order an obligor to comply with a support order
220-1 and specify the amount and the manner of compliance;
220-2 (3) order income withholding;
220-3 (4) determine the amount of any arrearages and specify
220-4 a method of payment;
220-5 (5) enforce orders by civil or criminal contempt, or
220-6 both;
220-7 (6) set aside property for satisfaction of the support
220-8 order;
220-9 (7) place liens and order execution on the obligor's
220-10 property, provided, however, a lien under this subdivision may not
220-11 arise or attach to real property until recorded in the real
220-12 property records of the county where the real property of the
220-13 obligor is located and shall be subordinate to the rights of prior
220-14 bona fide purchasers and lienholders on the real property;
220-15 (8) order an obligor to keep the tribunal informed of
220-16 the obligor's current residential address, telephone number,
220-17 employer, address of employment, and telephone number at the place
220-18 of employment;
220-19 (9) issue a bench warrant or capias for an obligor who
220-20 has failed after proper notice to appear at a hearing ordered by
220-21 the tribunal and enter the bench warrant or capias in any local and
220-22 state computer systems for criminal warrants;
220-23 (10) order the obligor to seek appropriate employment
220-24 by specified methods;
220-25 (11) award reasonable attorney's fees and other fees
220-26 and costs; and
220-27 (12) grant any other available remedy.
221-1 (c) A responding tribunal of this state shall include in a
221-2 support order issued under this chapter, or in the documents
221-3 accompanying the order, the calculations on which the support order
221-4 is based.
221-5 (d) A responding tribunal of this state may not condition
221-6 the payment of a support order issued under this chapter on
221-7 compliance by a party with provisions for visitation.
221-8 (e) If a responding tribunal of this state issues an order
221-9 under this chapter, the tribunal shall send a copy of the order by
221-10 first class mail to the petitioner and the respondent and to the
221-11 initiating tribunal, if any.
221-12 Sec. 159.306. INAPPROPRIATE TRIBUNAL. If a petition or
221-13 comparable pleading is received by an inappropriate tribunal of
221-14 this state, that tribunal shall forward the pleading and
221-15 accompanying documents to an appropriate tribunal in this state or
221-16 another state and notify the petitioner by first class mail where
221-17 and when the pleading was sent.
221-18 Sec. 159.307. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (a) A
221-19 support enforcement agency of this state, on request, shall provide
221-20 services to a petitioner in a proceeding under this chapter.
221-21 (b) A support enforcement agency that provides services to
221-22 the petitioner as appropriate shall:
221-23 (1) take all steps necessary to enable an appropriate
221-24 tribunal in this state or another state to obtain jurisdiction over
221-25 the respondent;
221-26 (2) request an appropriate tribunal to set a date,
221-27 time, and place for a hearing;
222-1 (3) make a reasonable effort to obtain all relevant
222-2 information, including information as to income and property of the
222-3 parties;
222-4 (4) not later than the second day, excluding
222-5 Saturdays, Sundays, and legal holidays, after the date of receipt
222-6 of a written notice from an initiating, responding, or registering
222-7 tribunal, send a copy of the notice by first class mail to the
222-8 petitioner;
222-9 (5) not later than the second day, excluding
222-10 Saturdays, Sundays, and legal holidays, after the date of receipt
222-11 of a written communication from the respondent or the respondent's
222-12 attorney, send a copy of the communication by first class mail to
222-13 the petitioner; and
222-14 (6) notify the petitioner if jurisdiction over the
222-15 respondent cannot be obtained.
222-16 (c) This chapter does not create or negate a relationship of
222-17 attorney and client or other fiduciary relationship between a
222-18 support enforcement agency or the attorney for the agency and the
222-19 individual being assisted by the agency.
222-20 Sec. 159.308. DUTY OF ATTORNEY GENERAL. If the attorney
222-21 general determines that the support enforcement agency is
222-22 neglecting or refusing to provide services to an individual, the
222-23 attorney general may order the agency to perform its duties under
222-24 this chapter or may provide those services directly to the
222-25 individual.
222-26 Sec. 159.309. PRIVATE COUNSEL. An individual may employ
222-27 private counsel to represent the individual in proceedings
223-1 authorized by this chapter.
223-2 Sec. 159.310. DUTIES OF STATE INFORMATION AGENCY. (a) The
223-3 Title IV-D agency is the state information agency under this
223-4 chapter.
223-5 (b) The state information agency shall:
223-6 (1) compile and maintain a current list, including
223-7 addresses, of the tribunals in this state that have jurisdiction
223-8 under this chapter and any support enforcement agencies in this
223-9 state and send a copy to the state information agency of every
223-10 other state;
223-11 (2) maintain a register of tribunals and support
223-12 enforcement agencies received from other states;
223-13 (3) forward to the appropriate tribunal in the place
223-14 in this state where the individual obligee or the obligor resides,
223-15 or where the obligor's property is believed to be located, all
223-16 documents concerning a proceeding under this chapter received from
223-17 an initiating tribunal or the state information agency of the
223-18 initiating state; and
223-19 (4) obtain information concerning the location of the
223-20 obligor and the obligor's property in this state not exempt from
223-21 execution, by such means as postal verification and federal or
223-22 state locator services, examination of telephone directories,
223-23 requests for the obligor's address from employers, and examination
223-24 of governmental records, including, to the extent not prohibited by
223-25 other law, those relating to real property, vital statistics, law
223-26 enforcement, taxation, motor vehicles, driver's licenses, and
223-27 social security.
224-1 Sec. 159.311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) A
224-2 petitioner seeking to establish or modify a support order or to
224-3 determine parentage in a proceeding under this chapter must verify
224-4 the petition. Unless otherwise ordered under Section 159.312, the
224-5 petition or accompanying documents must provide, so far as known,
224-6 the name, residential address, and social security numbers of the
224-7 obligor and the obligee and the name, sex, residential address,
224-8 social security number, and date of birth of each child for whom
224-9 support is sought. The petition must be accompanied by a certified
224-10 copy of any support order in effect. The petition may include any
224-11 other information that may assist in locating or identifying the
224-12 respondent.
224-13 (b) The petition must specify the relief sought. The
224-14 petition and accompanying documents must conform substantially with
224-15 the requirements imposed by the forms mandated by federal law for
224-16 use in cases filed by a support enforcement agency.
224-17 Sec. 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
224-18 CIRCUMSTANCES. On a finding, which may be made ex parte, that the
224-19 health, safety, or liberty of a party or child would be
224-20 unreasonably put at risk by the disclosure of identifying
224-21 information or if an existing order so provides, a tribunal shall
224-22 order that the address of the child or party or other identifying
224-23 information not be disclosed in a pleading or other document filed
224-24 in a proceeding under this chapter.
224-25 Sec. 159.313. COSTS AND FEES. (a) An initiating court may
224-26 require payment of either a filing fee or other costs from the
224-27 obligee and may request the responding court to collect fees and
225-1 costs from the obligor. The clerk of the responding court may
225-2 require payment of a filing fee or other costs from the obligee.
225-3 (b) If an obligee prevails, a responding tribunal may assess
225-4 against an obligor filing fees, reasonable attorney's fees, other
225-5 costs, and necessary travel and other reasonable expenses incurred
225-6 by the obligee and the obligee's witnesses. The tribunal may not
225-7 assess fees, costs, or expenses against the obligee or the support
225-8 enforcement agency of either the initiating state or the responding
225-9 state, except as provided by other law. Attorney's fees may be
225-10 taxed as costs and may be ordered paid directly to the attorney,
225-11 who may enforce the order in the attorney's own name. Payment of
225-12 support owed to the obligee has priority over fees, costs, and
225-13 expenses.
225-14 (c) The tribunal shall order the payment of costs and
225-15 reasonable attorney's fees if it determines that a hearing was
225-16 requested primarily for delay. In a proceeding under Subchapter G,
225-17 a hearing is presumed to have been requested primarily for delay if
225-18 a registered support order is confirmed or enforced without change.
225-19 Sec. 159.314. LIMITED IMMUNITY OF PETITIONER. (a)
225-20 Participation by a petitioner in a proceeding before a responding
225-21 tribunal, whether in person, by private attorney, or through
225-22 services provided by the support enforcement agency, does not
225-23 confer personal jurisdiction over the petitioner in another
225-24 proceeding.
225-25 (b) A petitioner is not amenable to service of civil process
225-26 while physically present in this state to participate in a
225-27 proceeding under this chapter.
226-1 (c) The immunity granted by this section does not extend to
226-2 civil litigation based on acts unrelated to a proceeding under this
226-3 chapter committed by a party while present in this state to
226-4 participate in the proceeding.
226-5 Sec. 159.315. NONPARENTAGE AS DEFENSE. A party whose
226-6 parentage of a child has been previously determined by or under law
226-7 may not plead nonparentage as a defense to a proceeding under this
226-8 chapter.
226-9 Sec. 159.316. SPECIAL RULES OF EVIDENCE AND PROCEDURE. (a)
226-10 The physical presence of the petitioner in a responding tribunal of
226-11 this state is not required for the establishment, enforcement, or
226-12 modification of a support order or the rendition of a judgment
226-13 determining parentage.
226-14 (b) A verified petition, affidavit, document substantially
226-15 complying with federally mandated forms, and a document
226-16 incorporated by reference in the petition, affidavit, or document,
226-17 not excluded under the hearsay rule if given in person, are
226-18 admissible in evidence if given under oath by a party or witness
226-19 residing in another state.
226-20 (c) A copy of the record of child support payments certified
226-21 as a true copy of the original by the custodian of the record may
226-22 be forwarded to a responding tribunal. The copy is evidence of
226-23 facts asserted in it and is admissible to show whether payments
226-24 were made.
226-25 (d) Copies of bills for testing for parentage and for
226-26 prenatal and postnatal health care of the mother and child that are
226-27 furnished to the adverse party not less than 10 days before the
227-1 date of trial are admissible in evidence to prove the amount of the
227-2 charges billed and that the charges were reasonable, necessary, and
227-3 customary.
227-4 (e) Documentary evidence sent from another state to a
227-5 tribunal of this state by telephone, telecopier, or another means
227-6 that does not provide an original writing may not be excluded from
227-7 evidence on an objection based on the means of transmission.
227-8 (f) In a proceeding under this chapter, a tribunal of this
227-9 state may permit a party or witness residing in another state to be
227-10 deposed or to testify by telephone, audiovisual means, or other
227-11 electronic means at a designated tribunal or other location in that
227-12 state. A tribunal of this state shall cooperate with a tribunal of
227-13 another state in designating an appropriate location for the
227-14 deposition or testimony.
227-15 (g) If a party called to testify at a civil hearing refuses
227-16 to answer on the ground that the testimony may be
227-17 self-incriminating, the trier of fact may draw an adverse inference
227-18 from the refusal.
227-19 (h) A privilege against disclosure of communications between
227-20 spouses does not apply in a proceeding under this chapter.
227-21 (i) The defense of immunity based on the relationship of
227-22 husband and wife or parent and child does not apply in a proceeding
227-23 under this chapter.
227-24 Sec. 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal
227-25 of this state may communicate with a tribunal of another state in
227-26 writing, by telephone, or by another means, to obtain information
227-27 concerning the laws of that state, the legal effect of a judgment,
228-1 decree, or order of that tribunal, and the status of a proceeding
228-2 in the other state. A tribunal of this state may furnish similar
228-3 information by similar means to a tribunal of another state.
228-4 Sec. 159.318. ASSISTANCE WITH DISCOVERY. A tribunal of this
228-5 state may:
228-6 (1) request a tribunal of another state to assist in
228-7 obtaining discovery; and
228-8 (2) on request, compel a person over whom the tribunal
228-9 has jurisdiction to respond to a discovery order issued by a
228-10 tribunal of another state.
228-11 Sec. 159.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. A
228-12 support enforcement agency or tribunal of this state shall disburse
228-13 promptly any amounts received under a support order, as directed by
228-14 the order. The agency or tribunal shall furnish to a requesting
228-15 party or tribunal of another state a certified statement by the
228-16 custodian of the record of the amounts and dates of all payments
228-17 received.
228-18 (Sections 159.320-159.400 reserved for expansion)
228-19 SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER
228-20 Sec. 159.401. PETITION TO ESTABLISH SUPPORT ORDER. (a) If
228-21 a support order entitled to recognition under this chapter has not
228-22 been issued, a responding tribunal of this state may issue a
228-23 support order if:
228-24 (1) the individual seeking the order resides in
228-25 another state; or
228-26 (2) the support enforcement agency seeking the order
228-27 is located in another state.
229-1 (b) The tribunal may issue a temporary child support order
229-2 if:
229-3 (1) the respondent has signed a verified statement
229-4 acknowledging parentage;
229-5 (2) the respondent has been determined by or under law
229-6 to be the parent; or
229-7 (3) there is other clear and convincing evidence that
229-8 the respondent is the child's parent.
229-9 (c) On finding, after notice and an opportunity to be heard,
229-10 that an obligor owes a duty of support, the tribunal shall issue a
229-11 support order directed to the obligor and may issue other orders
229-12 under Section 159.305.
229-13 (Sections 159.402-159.500 reserved for expansion)
229-14 SUBCHAPTER F. DIRECT ENFORCEMENT OF ORDER OF ANOTHER
229-15 STATE WITHOUT REGISTRATION
229-16 Sec. 159.501. RECOGNITION OF INCOME-WITHHOLDING ORDER OF
229-17 ANOTHER STATE. (a) An income-withholding order issued in another
229-18 state may be sent by first class mail to the obligor's employer
229-19 under Chapter 158 without first filing a petition or comparable
229-20 pleading or registering the order with a tribunal of this state.
229-21 On receipt of the order, the employer shall:
229-22 (1) treat an income-withholding order issued in
229-23 another state that appears regular on its face as if the order had
229-24 been issued by a tribunal of this state;
229-25 (2) immediately provide a copy of the order to the
229-26 obligor; and
229-27 (3) distribute the funds as directed in the
230-1 withholding order.
230-2 (b) An obligor may contest the validity or enforcement of an
230-3 income-withholding order issued in another state in the same manner
230-4 as if the order had been issued by a tribunal of this state.
230-5 Section 159.604 applies to the contest. The obligor shall give
230-6 notice of the contest to any support enforcement agency providing
230-7 services to the obligee and to:
230-8 (1) the person or agency designated to receive
230-9 payments in the income-withholding order; or
230-10 (2) the obligee, if no person or agency is designated.
230-11 Sec. 159.502. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A
230-12 party seeking to enforce a support order or an income-withholding
230-13 order, or both, issued by a tribunal of another state may send the
230-14 documents required for registering the order to a support
230-15 enforcement agency of this state.
230-16 (b) On receipt of the documents, the support enforcement
230-17 agency, without initially seeking to register the order, shall
230-18 consider and, if appropriate, use any administrative procedure
230-19 authorized by the law of this state to enforce a support order or
230-20 an income-withholding order, or both. If the obligor does not
230-21 contest administrative enforcement, the order need not be
230-22 registered. If the obligor contests the validity or administrative
230-23 enforcement of the order, the support enforcement agency shall
230-24 register the order under this chapter.
230-25 (Sections 159.503-159.600 reserved for expansion)
230-26 SUBCHAPTER G. ENFORCEMENT AND MODIFICATION OF SUPPORT
230-27 ORDER AFTER REGISTRATION
231-1 Sec. 159.601. Registration of Order for Enforcement. A
231-2 support order or income-withholding order issued by a tribunal of
231-3 another state may be registered in this state for enforcement.
231-4 Sec. 159.602. Procedure to Register Order for Enforcement.
231-5 (a) A support order or income-withholding order of another state
231-6 may be registered in this state by sending to the appropriate
231-7 tribunal in this state:
231-8 (1) a letter of transmittal to the tribunal requesting
231-9 registration and enforcement;
231-10 (2) two copies, including one certified copy, of all
231-11 orders to be registered, including any modification of an order;
231-12 (3) a sworn statement by the party seeking
231-13 registration or a certified statement by the custodian of the
231-14 records showing the amount of any arrearage;
231-15 (4) the name of the obligor and, if known:
231-16 (A) the obligor's address and social security
231-17 number;
231-18 (B) the name and address of the obligor's
231-19 employer and any other source of income of the obligor; and
231-20 (C) a description of and the location of
231-21 property of the obligor in this state not exempt from execution;
231-22 and
231-23 (5) the name and address of the obligee and, if
231-24 applicable, the agency or person to whom support payments are to be
231-25 remitted.
231-26 (b) On receipt of a request for registration, the
231-27 registering tribunal shall cause the order to be filed as a foreign
232-1 judgment, together with one copy of the documents and information,
232-2 regardless of their form.
232-3 (c) A petition or comparable pleading seeking a remedy that
232-4 must be affirmatively sought under other law of this state may be
232-5 filed at the same time as the request for registration or later.
232-6 The pleading must specify the grounds for the remedy sought.
232-7 Sec. 159.603. Effect of Registration for Enforcement. (a)
232-8 A support order or income-withholding order issued in another state
232-9 is registered when the order is filed in the registering tribunal
232-10 of this state.
232-11 (b) A registered order issued in another state is
232-12 enforceable in the same manner and is subject to the same
232-13 procedures as an order issued by a tribunal of this state.
232-14 (c) Except as otherwise provided in this subchapter, a
232-15 tribunal of this state shall recognize and enforce, but may not
232-16 modify, a registered order if the issuing tribunal had
232-17 jurisdiction.
232-18 Sec. 159.604. Choice of Law. (a) The law of the issuing
232-19 state governs the nature, extent, amount, and duration of current
232-20 payments and other obligations of support and the payment of
232-21 arrearages under the order only if a party provides the court
232-22 having jurisdiction over an action in this state a certified copy
232-23 of the applicable law of the state. Otherwise, the law of this
232-24 state applies.
232-25 (b) In a proceeding for arrearages, the statute of
232-26 limitation under the laws of this state or of the issuing state,
232-27 whichever statute of limitation is longer, applies.
233-1 Sec. 159.605. Notice of Registration of Order. (a) When a
233-2 support order or income-withholding order issued in another state
233-3 is registered, the registering tribunal shall notify the
233-4 nonregistering party. Notice must be given by first class,
233-5 certified, or registered mail or by any means of personal service
233-6 authorized by the law of this state. The notice must be
233-7 accompanied by a copy of the registered order and the documents and
233-8 relevant information accompanying the order.
233-9 (b) The notice must inform the nonregistering party:
233-10 (1) that a registered order is enforceable as of the
233-11 date of registration in the same manner as an order issued by a
233-12 tribunal of this state;
233-13 (2) that a hearing to contest the validity or
233-14 enforcement of the registered order must be requested not later
233-15 than the 20th day after the date the notice was mailed or
233-16 personally served;
233-17 (3) that failure to contest the validity or
233-18 enforcement of the registered order in a timely manner:
233-19 (A) will result in confirmation of the order and
233-20 enforcement of the order and the alleged arrearages; and
233-21 (B) precludes further contest of that order with
233-22 respect to any matter that could have been asserted; and
233-23 (4) of the amount of any alleged arrearages.
233-24 (c) On registration of an income-withholding order for
233-25 enforcement, the registering tribunal shall notify the obligor's
233-26 employer under Chapter 158.
233-27 Sec. 159.606. Procedure to Contest Validity or Enforcement
234-1 of Registered Order. (a) A nonregistering party seeking to
234-2 contest the validity or enforcement of a registered order in this
234-3 state must request a hearing not later than the 20th day after the
234-4 date the notice of registration was mailed or personally served.
234-5 The nonregistering party may seek under Section 159.607 to:
234-6 (1) vacate the registration;
234-7 (2) assert any defense to an allegation of
234-8 noncompliance with the registered order; or
234-9 (3) contest the remedies being sought or the amount of
234-10 any alleged arrearages.
234-11 (b) If the nonregistering party fails to contest the
234-12 validity or enforcement of the registered order in a timely manner,
234-13 the order is confirmed by operation of law.
234-14 (c) If a nonregistering party requests a hearing to contest
234-15 the validity or enforcement of the registered order, the
234-16 registering tribunal shall schedule the matter for hearing and give
234-17 notice to the parties by first class mail of the date, time, and
234-18 place of the hearing.
234-19 Sec. 159.607. Contest of Registration or Enforcement. (a)
234-20 A party contesting the validity or enforcement of a registered
234-21 order or seeking to vacate the registration has the burden of
234-22 proving one or more of the following defenses:
234-23 (1) the issuing tribunal lacked personal jurisdiction
234-24 over the contesting party;
234-25 (2) the order was obtained by fraud;
234-26 (3) the order has been vacated, suspended, or modified
234-27 by a later order;
235-1 (4) the issuing tribunal has stayed the order pending
235-2 appeal;
235-3 (5) there is a defense under the law of this state to
235-4 the remedy sought;
235-5 (6) full or partial payment has been made; or
235-6 (7) the statute of limitation under Section 159.604
235-7 precludes enforcement of some or all of the arrearages.
235-8 (b) If a party presents evidence establishing a full or
235-9 partial defense under Subsection (a), a tribunal may stay
235-10 enforcement of the registered order, continue the proceeding to
235-11 permit production of additional relevant evidence, and issue other
235-12 appropriate orders. An uncontested portion of the registered order
235-13 may be enforced by all remedies available under the law of this
235-14 state.
235-15 (c) If the contesting party does not establish a defense
235-16 under Subsection (a) to the validity or enforcement of the order,
235-17 the registering tribunal shall issue an order confirming the order.
235-18 Sec. 159.608. Confirmed Order. Confirmation of a registered
235-19 order, whether by operation of law or after notice and hearing,
235-20 precludes further contest of the order with respect to any matter
235-21 that could have been asserted at the time of registration.
235-22 Sec. 159.609. Procedure to Register Child Support Order of
235-23 Another State for Modification. A party or support enforcement
235-24 agency seeking to modify or to modify and enforce a child support
235-25 order issued in another state shall register that order in this
235-26 state in the same manner provided in Sections 159.601-159.604 if
235-27 the order has not been registered. A petition for modification may
236-1 be filed at the same time as a request for registration or later.
236-2 The pleading must specify the grounds for modification.
236-3 Sec. 159.610. Effect of Registration for Modification. A
236-4 tribunal of this state may enforce a child support order of another
236-5 state registered for purposes of modification in the same manner as
236-6 if the order had been issued by a tribunal of this state, but the
236-7 registered order may be modified only if the requirements of
236-8 Section 159.611 have been met.
236-9 Sec. 159.611. Modification of Child Support Order of Another
236-10 State. (a) After a child support order issued in another state
236-11 has been registered in this state, the responding tribunal of this
236-12 state may modify the order only if, after notice and hearing, the
236-13 tribunal finds that:
236-14 (1) the following requirements are met:
236-15 (A) the child, the individual obligee, and the
236-16 obligor do not reside in the issuing state;
236-17 (B) a petitioner who is a nonresident of this
236-18 state seeks modification; and
236-19 (C) the respondent is subject to the personal
236-20 jurisdiction of the tribunal of this state; or
236-21 (2) an individual party or the child is subject to the
236-22 personal jurisdiction of the tribunal and all of the individual
236-23 parties have filed in the issuing tribunal a written consent that
236-24 provides that a tribunal of this state may modify the support order
236-25 and assume continuing, exclusive jurisdiction over the order.
236-26 (b) Modification of a registered child support order is
236-27 subject to the same requirements, procedures, and defenses that
237-1 apply to the modification of an order issued by a tribunal of this
237-2 state, and the order may be enforced and satisfied in the same
237-3 manner.
237-4 (c) A tribunal of this state may not modify any aspect of a
237-5 child support order that may not be modified under the law of the
237-6 issuing state.
237-7 (d) On issuance of an order modifying a child support order
237-8 issued in another state, a tribunal of this state becomes the
237-9 tribunal of continuing, exclusive jurisdiction.
237-10 (e) Not later than the 30th day after the date a modified
237-11 child support order is issued, the party obtaining the modification
237-12 shall file a certified copy of the order:
237-13 (1) with the issuing tribunal that had continuing,
237-14 exclusive jurisdiction over the earlier order; and
237-15 (2) in each tribunal in which the party knows that the
237-16 earlier order has been registered.
237-17 Sec. 159.612. Recognition of Order Modified in Another
237-18 State. A tribunal of this state shall recognize a modification of
237-19 its earlier child support order by a tribunal of another state that
237-20 assumed jurisdiction under a law substantially similar to this
237-21 chapter and, except as otherwise provided in this chapter, shall on
237-22 request:
237-23 (1) enforce the order that was modified only as to
237-24 amounts accruing before the modification;
237-25 (2) enforce only nonmodifiable aspects of the order;
237-26 (3) provide other appropriate relief only for a
237-27 violation of the order that occurred before the effective date of
238-1 the modification; and
238-2 (4) recognize the modifying order of the other state,
238-3 on registration, for the purpose of enforcement.
238-4 (Sections 159.613-159.700 reserved for expansion)
238-5 SUBCHAPTER H. DETERMINATION OF PARENTAGE
238-6 Sec. 159.701. PROCEEDING TO DETERMINE PARENTAGE. (a) A
238-7 tribunal of this state may serve as an initiating or responding
238-8 tribunal in a proceeding brought under this chapter or a law
238-9 substantially similar to this chapter, the Uniform Reciprocal
238-10 Enforcement of Support Act, or the Revised Uniform Reciprocal
238-11 Enforcement of Support Act to determine that the petitioner is a
238-12 parent of a particular child or to determine that a respondent is a
238-13 parent of that child.
238-14 (b) In a proceeding to determine parentage, a responding
238-15 tribunal of this state shall apply the procedural and substantive
238-16 law of this state and the rules of this state on choice of law.
238-17 (Sections 159.702-159.800 reserved for expansion)
238-18 SUBCHAPTER I. INTERSTATE RENDITION
238-19 Sec. 159.801. GROUNDS FOR RENDITION. (a) In this
238-20 subchapter, "governor" includes an individual performing the
238-21 functions of governor or the executive authority of a state covered
238-22 by this chapter.
238-23 (b) The governor of this state may:
238-24 (1) demand that the governor of another state
238-25 surrender an individual found in the other state who is charged
238-26 criminally in this state with having failed to provide for the
238-27 support of an obligee; or
239-1 (2) on the demand by the governor of another state,
239-2 surrender an individual found in this state who is charged
239-3 criminally in the other state with having failed to provide for the
239-4 support of an obligee.
239-5 (c) A provision for extradition of individuals not
239-6 inconsistent with this chapter applies to the demand even if the
239-7 individual whose surrender is demanded was not in the demanding
239-8 state when the crime was allegedly committed and has not fled from
239-9 that state.
239-10 Sec. 159.802. CONDITIONS OF RENDITION. (a) Before making a
239-11 demand that the governor of another state surrender an individual
239-12 charged criminally in this state with having failed to provide for
239-13 the support of an obligee, the governor may require a prosecutor of
239-14 this state to demonstrate:
239-15 (1) that not less than 60 days before the date of the
239-16 demand, the obligee had initiated proceedings for support under
239-17 this chapter; or
239-18 (2) that initiating the proceeding would be of no
239-19 avail.
239-20 (b) If, under this chapter or a law substantially similar to
239-21 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
239-22 the Revised Uniform Reciprocal Enforcement of Support Act, the
239-23 governor of another state makes a demand that the governor of this
239-24 state surrender an individual charged criminally in that state with
239-25 having failed to provide for the support of a child or other
239-26 individual to whom a duty of support is owed, the governor may
239-27 require a prosecutor to investigate the demand and report whether a
240-1 proceeding for support has been initiated or would be effective.
240-2 If it appears that a proceeding would be effective but has not been
240-3 initiated, the governor may delay honoring the demand for a
240-4 reasonable time to permit the initiation of a proceeding.
240-5 (c) If a proceeding for support has been initiated and the
240-6 individual whose rendition is demanded prevails, the governor may
240-7 decline to honor the demand. If the petitioner prevails and the
240-8 individual whose rendition is demanded is subject to a support
240-9 order, the governor may decline to honor the demand if the
240-10 individual is complying with the support order.
240-11 (Sections 159.803-159.900 reserved for expansion)
240-12 SUBCHAPTER J. MISCELLANEOUS PROVISIONS
240-13 Sec. 159.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
240-14 This chapter shall be applied and construed to effectuate its
240-15 general purpose to make uniform the law with respect to the subject
240-16 of this chapter among states enacting it.
240-17 Sec. 159.902. SHORT TITLE. This chapter may be cited as the
240-18 Uniform Interstate Family Support Act.
240-19 CHAPTER 160. DETERMINATION OF PARENTAGE
240-20 SUBCHAPTER A. GENERAL PROVISIONS
240-21 Sec. 160.001. APPLICABILITY. This chapter governs a suit
240-22 affecting the parent-child relationship in which the parentage of
240-23 the biological mother or biological father is sought to be
240-24 adjudicated.
240-25 Sec. 160.002. TIME IN WHICH TO BRING SUIT TO DETERMINE
240-26 PARENTAGE. (a) A suit affecting the parent-child relationship to
240-27 determine parentage under Subchapter B may be brought before the
241-1 birth of the child, but must be brought on or before the second
241-2 anniversary of the date the child becomes an adult, or the suit is
241-3 barred.
241-4 (b) This section applies to a child for whom a parentage
241-5 suit was brought but dismissed because a statute of limitations of
241-6 less than 18 years was then in effect.
241-7 (c) A suit to establish paternity under Subchapter C may be
241-8 brought at any time.
241-9 Sec. 160.003. NECESSARY PARTY: REPRESENTATION OF CHILD.
241-10 (a) The child is not a necessary party to a suit under this
241-11 chapter.
241-12 (b) It is rebuttably presumed in a trial on the merits
241-13 before a judge or jury that the interests of the child will be
241-14 adequately represented by the party bringing suit to determine
241-15 parentage of the child. If the court finds that the interests of
241-16 the child will not be adequately represented by a party to the suit
241-17 or are adverse to that party, the court shall appoint an attorney
241-18 ad litem to represent the child.
241-19 (c) The child shall be represented in a settlement
241-20 agreement, dismissal, or nonsuit by a guardian ad litem or an
241-21 attorney ad litem appointed by the court, unless the court finds on
241-22 the record that the interests of the child will be adequately
241-23 represented by a party to the suit or are not adverse to that
241-24 party, and that the court approves the settlement agreement,
241-25 dismissal, or nonsuit.
241-26 Sec. 160.004. TEMPORARY ORDERS. The court may render a
241-27 temporary order authorized in a suit under this title, including an
242-1 order for temporary support of a child, if the person ordered to
242-2 pay support:
242-3 (1) is a presumed parent under Chapter 151;
242-4 (2) is an alleged father petitioning to have his
242-5 paternity adjudicated or who admits paternity in pleadings filed
242-6 with the court; or
242-7 (3) is found by the court at the pretrial conference
242-8 authorized by this chapter not to be excluded as the biological
242-9 father of the child, with the court finding that at least 99
242-10 percent of the male population is excluded from being the
242-11 biological father of the child.
242-12 Sec. 160.005. CONSERVATORSHIP, SUPPORT, AND PAYMENTS. (a)
242-13 In a suit in which a determination of parentage is sought, the
242-14 court may provide for the managing and possessory conservatorship
242-15 and support of and access to the child.
242-16 (b) On a finding of parentage, the court may order support
242-17 retroactive to the time of the birth of the child and, on a proper
242-18 showing, may order a party to pay an equitable portion of all
242-19 prenatal and postnatal health care expenses of the mother and
242-20 child.
242-21 (c) In making an order for retroactive child support under
242-22 this section, the court shall use the child support guidelines
242-23 provided by Chapter 154 together with any relevant factors.
242-24 Sec. 160.006. FINAL ORDER REGARDING PARENTAGE. (a) On a
242-25 verdict of the jury, or on a finding of the court if there is no
242-26 jury, the court shall render a final order declaring whether an
242-27 alleged parent is the biological parent of the child.
243-1 (b) The effect of an order declaring that an alleged parent
243-2 is the biological parent of the child is to confirm or create the
243-3 parent-child relationship between the parent and the child for all
243-4 purposes.
243-5 (c) If parentage is established, the order shall state the
243-6 name of the child.
243-7 Sec. 160.007. SUIT BARRED. (a) Except as provided by
243-8 Subsection (b), a suit under this chapter with respect to a child
243-9 is barred if final judgment has been rendered by a court of
243-10 competent jurisdiction:
243-11 (1) adjudicating a named individual to be the
243-12 biological father of the child; or
243-13 (2) terminating the parent-child relationship between
243-14 the child and each living parent of the child; or
243-15 (3) granting a petition for the adoption of the child.
243-16 (b) During the pendency of an appeal or direct attack on a
243-17 judgment described by Subsection (a), a suit under this chapter may
243-18 be filed but shall, on motion of a party, be stayed pending the
243-19 final disposition of the appeal or direct attack on the judgment.
243-20 (Sections 160.008-160.100 reserved for expansion)
243-21 SUBCHAPTER B. PARENTAGE SUIT
243-22 Sec. 160.101. DENIAL OF PATERNITY. (a) A man who is a
243-23 presumed father under Chapter 151, the biological mother, or a
243-24 governmental entity is entitled in a suit to deny a presumed
243-25 father's paternity of the child. The question of paternity under
243-26 this section must be raised by an express statement denying
243-27 paternity of the child in a party's pleadings in the suit, without
244-1 regard to whether the presumed father or biological mother is a
244-2 petitioner or respondent.
244-3 (b) In a suit in which a question of paternity is raised
244-4 under this section, the court shall conduct the pretrial
244-5 proceedings and order scientifically accepted paternity testing as
244-6 required in a suit provided by this chapter.
244-7 Sec. 160.102. ORDER FOR PARENTAGE TESTING. (a) When the
244-8 respondent appears in a parentage suit, the court shall order the
244-9 mother, an alleged father, and the child to submit to the taking of
244-10 blood, body fluid, or tissue samples for the purpose of
244-11 scientifically accepted parentage testing.
244-12 (b) If the respondent fails to appear and wholly defaults or
244-13 if the allegation of parentage is admitted, the court may waive
244-14 parentage testing.
244-15 Sec. 160.103. REQUIREMENTS OF TESTING. The court shall
244-16 require in its order testing necessary to ascertain the possibility
244-17 of an alleged father's paternity and shall require that the tests
244-18 exclude at least 99 percent of the male population from the
244-19 possibility of being the father of the child, except that the court
244-20 shall permit the omission of any further testing if the testing has
244-21 been conducted sufficiently to establish that an alleged father is
244-22 not the father of the child, or if the costs of testing have
244-23 reached an amount that the court determines to be the greatest
244-24 amount that may reasonably be borne by one or more parties to the
244-25 suit. If the appearance is before the birth of the child, the
244-26 court shall order the taking of blood, body fluid, or tissue
244-27 samples to be made as soon as medically practical after the birth.
245-1 Sec. 160.104. APPOINTMENT OF EXPERTS. (a) The court shall:
245-2 (1) appoint one or more experts qualified in parentage
245-3 testing to perform the tests;
245-4 (2) determine the number and qualifications of the
245-5 experts; and
245-6 (3) prescribe the arrangements for conducting the
245-7 tests.
245-8 (b) The court may:
245-9 (1) order a reasonable fee for each court-appointed
245-10 expert; and
245-11 (2) require the fee to be paid by any or all of the
245-12 parties in the amounts and in the manner directed or tax all, part,
245-13 or none of the fee as costs in the suit.
245-14 (c) A party may employ other experts qualified in parentage
245-15 testing. The court may order blood, body fluid, or tissue samples
245-16 made available to these experts if requested.
245-17 Sec. 160.105. PRETRIAL CONFERENCE. (a) After completion of
245-18 parentage testing, the court shall order all parties to appear,
245-19 either in person or by attorney, at a pretrial conference.
245-20 (b) Either party may call a parentage testing expert to
245-21 testify in person or by deposition about the expert's tests and
245-22 findings.
245-23 (c) A witness at a pretrial conference is governed by the
245-24 Texas Rules of Civil Evidence.
245-25 (d) A verified written report of a parentage testing expert
245-26 is admissible at the pretrial conference as evidence of the truth
245-27 of the matters it contains.
246-1 (e) All evidence admitted at the pretrial conference is a
246-2 part of the record of the case.
246-3 (f) Parentage test results offered at a pretrial conference
246-4 are admissible as evidence if the tests were conducted under a
246-5 court order or by agreement without regard to whether the tests
246-6 were performed before or after the filing of a suit.
246-7 Sec. 160.106. EFFECT OF PARENTAGE TESTS. (a) At the
246-8 conclusion of the pretrial conference, if the court finds that the
246-9 tests show by clear and convincing evidence that an alleged or
246-10 presumed father is not the father of the child, the court shall
246-11 dismiss with prejudice the parentage suit as to that man.
246-12 (b) If the court finds that the parentage tests do not
246-13 exclude an alleged father as the father of the child, the court
246-14 shall set the suit for trial.
246-15 (c) If the court finds that at least 99 percent of the male
246-16 population is excluded by the tests and that an alleged father is
246-17 not excluded from the possibility of being the child's father, the
246-18 burden of proof at trial is on the party opposing the establishment
246-19 of the alleged father's parentage.
246-20 Sec. 160.107. EFFECT OF REFUSING PARENTAGE TESTING. (a) An
246-21 order for parentage testing is enforceable by contempt and:
246-22 (1) if the petitioner is the mother or an alleged
246-23 father and refuses to submit to parentage testing, the court may
246-24 dismiss the suit; or
246-25 (2) if a party refuses to submit to court-ordered
246-26 parentage testing, on proof sufficient to render a default judgment
246-27 the court may resolve the question of parentage against that party.
247-1 (b) If a parent or an alleged parent refuses to submit to
247-2 parentage testing, the fact of refusal may be introduced as
247-3 evidence as provided by this subchapter.
247-4 Sec. 160.108. PREFERENTIAL TRIAL SETTING. (a) In a suit
247-5 provided by this chapter, after a hearing the court shall grant a
247-6 motion for a preferential setting for trial on the merits filed by
247-7 a party to the suit or by the attorney or guardian ad litem for the
247-8 child. The court shall give precedence to that trial over other
247-9 civil cases if discovery has been completed or sufficient time has
247-10 elapsed since the filing of the suit for the completion of all
247-11 necessary and reasonable discovery if diligently pursued.
247-12 (b) The provisions of this section regarding preferential
247-13 setting apply to trial on the merits without regard to whether the
247-14 suit is set for a trial before the court or before a jury.
247-15 Sec. 160.109. EVIDENCE AT TRIAL. (a) A party may call a
247-16 parentage testing expert to testify at the trial in person or by
247-17 deposition.
247-18 (b) A verified written report of a parentage testing expert
247-19 is admissible at the trial as evidence of the truth of the matters
247-20 it contains.
247-21 (c) If the parentage tests show the possibility of an
247-22 alleged father's paternity, the court shall admit this evidence if
247-23 offered at the trial.
247-24 (d) Parentage test results offered at the trial shall be
247-25 admissible as evidence if the tests were conducted under court
247-26 order or by agreement, without regard to whether the tests were
247-27 performed before or after the filing of a suit.
248-1 (e) The party seeking to establish an alleged father's
248-2 paternity retains the right to open and close at trial without
248-3 regard to whether the court has shifted the burden of proof to the
248-4 opposing party.
248-5 (f) If a copy is provided to the adverse party and to the
248-6 court at the pretrial conference, submission of a copy of a medical
248-7 bill for the prenatal and postnatal health care expenses of the
248-8 mother and child or for charges directly related to the parentage
248-9 testing constitutes a prima facie showing that the charges are
248-10 reasonable, necessary, and customary and may be admitted as
248-11 evidence of the truth of the matters stated in the bill.
248-12 Sec. 160.110. PRESUMPTIONS; BURDEN OF PROOF. (a) In a suit
248-13 in which there is a presumption of parentage under Chapter 151, the
248-14 party denying a presumed father's paternity of the child has the
248-15 burden of rebutting the presumption of paternity.
248-16 (b) If the parentage tests show the possibility of an
248-17 alleged father's paternity and that at least 99 percent of the male
248-18 population is excluded from the possibility of being the father,
248-19 evidence of these facts constitutes a prima facie showing of an
248-20 alleged father's paternity, and the party opposing the
248-21 establishment of the alleged father's paternity has the burden of
248-22 proving that the alleged father is not the father of the child.
248-23 (c) A party who refuses to submit to parentage testing has
248-24 the burden of proving that an alleged father is not the father of
248-25 the child.
248-26 (Sections 160.111-160.200 reserved for expansion)
248-27 SUBCHAPTER C. VOLUNTARY PATERNITY
249-1 Sec. 160.201. VOLUNTARY PATERNITY. (a) If a statement of
249-2 paternity has been executed by a man claiming to be the biological
249-3 father of a child who has no presumed father, he, the mother of the
249-4 child, or the child through a representative authorized by the
249-5 court or a governmental entity may file a petition for an order
249-6 adjudicating him as a parent of the child. The statement of
249-7 paternity must be attached to or filed with the petition.
249-8 (b) The court shall render an order adjudicating the child
249-9 to be the biological child of the child's father and the father to
249-10 be a parent of the child if the court finds that the statement of
249-11 paternity was executed as provided by this chapter, and the facts
249-12 stated are true.
249-13 (c) A suit for voluntary paternity may be joined with a suit
249-14 for termination under Chapter 161.
249-15 Sec. 160.202. STATEMENT OF PATERNITY. (a) The statement of
249-16 paternity authorized to be used by this subchapter must:
249-17 (1) be in writing;
249-18 (2) be signed by the man alleging himself to be the
249-19 father of the child;
249-20 (3) state whether the man alleging himself to be the
249-21 father is a minor; and
249-22 (4) clearly state that the man signing the statement
249-23 acknowledges the child as his biological child.
249-24 (b) The statement may include a waiver of citation in a suit
249-25 to establish the parent-child relationship but may not include a
249-26 waiver of the right to notice of the proceedings.
249-27 (c) The statement must be executed before a person
250-1 authorized to administer oaths under the laws of this state.
250-2 (d) The statement may be signed before the birth of the
250-3 child.
250-4 (e) The statement must include the social security number of
250-5 the father.
250-6 Sec. 160.203. EFFECT OF STATEMENT OF PATERNITY. (a) A
250-7 statement of paternity executed as provided by this subchapter is
250-8 prima facie evidence that the child is the child of the person
250-9 executing the statement and that the person has an obligation to
250-10 support the child.
250-11 (b) If an alleged father's address is unknown or he is
250-12 outside the jurisdiction of the court at the time a suit is
250-13 instituted under this subchapter, his statement of paternity, in
250-14 the absence of controverting evidence, is sufficient for the court
250-15 to render an order establishing his paternity of the child.
250-16 Sec. 160.204. NOTICE AFTER WAIVER OF SERVICE. If the
250-17 respondent does not answer or appear after signing a waiver of
250-18 service of process as authorized by this subchapter, notice of the
250-19 proceedings shall be given to the respondent by first class mail
250-20 sent to the address supplied in the waiver. The waiver shall be
250-21 valid in a suit filed on or before the first anniversary of the
250-22 date of signing.
250-23 Sec. 160.205. DISPUTED PARENTAGE. If the paternity of the
250-24 child is uncertain or is disputed by a party in a suit filed under
250-25 this subchapter, the provisions of Subchapter B apply.
250-26 Sec. 160.206. Validation of Prior Statements. A statement
250-27 acknowledging paternity or an obligation to support a child that
251-1 was signed by the father before January 1, 1974, is valid and
251-2 binding even though the statement is not executed as provided by
251-3 this subchapter.
251-4 CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
251-5 SUBCHAPTER A. GROUNDS
251-6 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
251-7 RELATIONSHIP. The court may order termination of the parent-child
251-8 relationship if the court finds that:
251-9 (1) the parent has:
251-10 (A) voluntarily left the child alone or in the
251-11 possession of another not the parent and expressed an intent not to
251-12 return;
251-13 (B) voluntarily left the child alone or in the
251-14 possession of another not the parent without expressing an intent
251-15 to return, without providing for the adequate support of the child,
251-16 and remained away for a period of at least three months;
251-17 (C) voluntarily left the child alone or in the
251-18 possession of another without providing adequate support of the
251-19 child and remained away for a period of at least six months;
251-20 (D) knowingly placed or knowingly allowed the
251-21 child to remain in conditions or surroundings which endanger the
251-22 physical or emotional well-being of the child;
251-23 (E) engaged in conduct or knowingly placed the
251-24 child with persons who engaged in conduct which endangers the
251-25 physical or emotional well-being of the child;
251-26 (F) failed to support the child in accordance
251-27 with his ability during a period of one year ending within six
252-1 months of the date of the filing of the petition;
252-2 (G) abandoned the child without identifying the
252-3 child or furnishing means of identification, and the child's
252-4 identity cannot be ascertained by the exercise of reasonable
252-5 diligence;
252-6 (H) voluntarily, and with knowledge of the
252-7 pregnancy, abandoned the mother of the child beginning at a time
252-8 during her pregnancy with the child and continuing through the
252-9 birth, failed to provide adequate support or medical care for the
252-10 mother during the period of abandonment before the birth of the
252-11 child, and remained apart from the child or failed to support the
252-12 child since the birth;
252-13 (I) contumaciously refused to submit to a
252-14 reasonable and lawful order of a court under Chapter 264;
252-15 (J) been the major cause of:
252-16 (i) the failure of the child to be
252-17 enrolled in school as required by the Education Code; or
252-18 (ii) the child's absence from the child's
252-19 home without the consent of the parents or guardian for a
252-20 substantial length of time or without the intent to return;
252-21 (K) executed before or after the suit is filed
252-22 an unrevoked or irrevocable affidavit of relinquishment of parental
252-23 rights as provided by this chapter;
252-24 (L) been adjudicated to be criminally
252-25 responsible for the death or serious injury of another of his or
252-26 her children; or
252-27 (M) had his or her parent-child relationship
253-1 terminated with respect to another child based on a finding that
253-2 the parent's conduct was in violation of Paragraph (D) or (E); and
253-3 (2) termination is in the best interest of the child.
253-4 Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED
253-5 BIOLOGICAL FATHER. (a) The procedural and substantive standards
253-6 for termination of parental rights apply to the termination of the
253-7 rights of an alleged biological father.
253-8 (b) The rights of an alleged biological father may be
253-9 terminated if, after being served with citation, he does not
253-10 respond by timely filing an admission of paternity or a
253-11 counterclaim for paternity under Chapter 159 prior to the final
253-12 hearing in the suit.
253-13 Sec. 161.003. INVOLUNTARY TERMINATION: INABILITY TO CARE
253-14 FOR CHILD. (a) The court may order termination of the
253-15 parent-child relationship in a suit filed by the Department of
253-16 Protective and Regulatory Services if the court finds that:
253-17 (1) the parent has a mental or emotional illness or a
253-18 mental deficiency that renders the parent unable to provide for the
253-19 physical, emotional, and mental needs of the child;
253-20 (2) the illness or deficiency, in all reasonable
253-21 probability, proved by clear and convincing evidence, will continue
253-22 to render the parent unable to provide for the child's needs until
253-23 the 18th birthday of the child;
253-24 (3) the department has been the permanent managing
253-25 conservator of the child of the parent for the six months preceding
253-26 the filing of the petition; and
253-27 (4) the termination is in the best interest of the
254-1 child.
254-2 (b) Immediately after the filing of a suit under this
254-3 section, the court shall appoint an attorney ad litem to represent
254-4 the interests of the parent against whom the suit is brought.
254-5 (c) A hearing on the termination may not be held earlier
254-6 than 180 days after the date on which the suit was filed.
254-7 (d) An attorney appointed under Subsection (b) shall
254-8 represent the parent for the duration of the suit unless the
254-9 parent, with the permission of the court, retains another attorney.
254-10 Sec. 161.004. TERMINATION OF PARENTAL RIGHTS AFTER DENIAL OF
254-11 PRIOR PETITION TO TERMINATE. (a) The court may terminate the
254-12 parent-child relationship after rendition of an order that
254-13 previously denied termination of the parent-child relationship if:
254-14 (1) the petition under this section is filed after the
254-15 date the order denying termination was rendered;
254-16 (2) the circumstances of the child, parent, sole
254-17 managing conservator, possessory conservator, or other party
254-18 affected by the order denying termination have materially and
254-19 substantially changed since the date that the order was rendered;
254-20 (3) the parent committed an act listed under Section
254-21 161.001 before the date the order denying termination was rendered;
254-22 and
254-23 (4) termination is in the best interest of the child.
254-24 (b) At a hearing under this section, the court may consider
254-25 evidence presented at a previous hearing in a suit for termination
254-26 of the parent-child relationship of the parent with respect to the
254-27 same child.
255-1 Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. A
255-2 parent may file a suit for termination of the petitioner's
255-3 parent-child relationship. The court may order termination if
255-4 termination is in the best interest of the child.
255-5 Sec. 161.006. TERMINATION AFTER ABORTION. (a) A petition
255-6 requesting termination of the parent-child relationship with
255-7 respect to a parent who is not the petitioner may be granted if the
255-8 child was born alive as the result of an abortion.
255-9 (b) In this code, "abortion" means an intentional expulsion
255-10 of a human fetus from the body of a woman induced by any means for
255-11 the purpose of causing the death of the fetus.
255-12 (c) The court or the jury may not terminate the parent-child
255-13 relationship under this section with respect to a parent who:
255-14 (1) had no knowledge of the abortion; or
255-15 (2) participated in or consented to the abortion for
255-16 the sole purpose of preventing the death of the mother.
255-17 (Sections 161.007-161.100 reserved for expansion)
255-18 SUBCHAPTER B. PROCEDURES
255-19 Sec. 161.101. PETITION ALLEGATIONS. A petition for the
255-20 termination of the parent-child relationship is sufficient without
255-21 the necessity of specifying the underlying facts if the petition
255-22 alleges in the statutory language the ground for the termination
255-23 and that termination is in the best interest of the child.
255-24 Sec. 161.102. FILING SUIT FOR TERMINATION BEFORE BIRTH. (a)
255-25 A suit for termination may be filed before the birth of the child.
255-26 (b) If the suit is filed before the birth of the child, the
255-27 petition shall be styled "In the Interest of an Unborn Child."
256-1 After the birth, the clerk shall change the style of the case to
256-2 conform to the requirements of Section 102.008.
256-3 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
256-4 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
256-5 parental rights must be:
256-6 (1) signed after the birth of the child by the parent,
256-7 whether or not a minor, whose parental rights are to be
256-8 relinquished;
256-9 (2) witnessed by two credible persons; and
256-10 (3) verified before a person authorized to take oaths.
256-11 (b) The affidavit must contain:
256-12 (1) the name, address, and age of the parent whose
256-13 parental rights are being relinquished;
256-14 (2) the name, age, and birth date of the child;
256-15 (3) the names and addresses of the guardians of the
256-16 person and estate of the child, if any;
256-17 (4) a statement that the affiant is or is not
256-18 presently obligated by court order to make payments for the support
256-19 of the child;
256-20 (5) a full description and statement of value of all
256-21 property owned or possessed by the child;
256-22 (6) an allegation that termination of the parent-child
256-23 relationship is in the best interest of the child;
256-24 (7) one of the following, as applicable:
256-25 (A) the name and address of the other parent;
256-26 (B) a statement that the parental rights of the
256-27 other parent have been terminated by death or court order; or
257-1 (C) a statement that the child has no presumed
257-2 father and that an affidavit of status of the child has been
257-3 executed as provided by this chapter;
257-4 (8) a statement that the parent has been informed of
257-5 parental rights and duties; and
257-6 (9) a statement that the relinquishment is revocable,
257-7 that the relinquishment is irrevocable, or that the relinquishment
257-8 is irrevocable for a stated period of time.
257-9 (c) The affidavit may contain:
257-10 (1) a designation of a qualified person, the
257-11 Department of Protective and Regulatory Services, or a licensed
257-12 child-placing agency to serve as managing conservator of the child;
257-13 (2) a waiver of process in a suit to terminate the
257-14 parent-child relationship filed under this chapter or in a suit to
257-15 terminate joined with a petition for adoption; and
257-16 (3) a consent to the placement of the child for
257-17 adoption by the Department of Protective and Regulatory Services or
257-18 by a licensed child-placing agency.
257-19 (d) An affidavit of relinquishment of parental rights is
257-20 irrevocable if it designates the Department of Protective and
257-21 Regulatory Services or a licensed child-placing agency to serve as
257-22 the managing conservator. Any other affidavit of relinquishment is
257-23 revocable unless it expressly provides that it is irrevocable for a
257-24 stated period of time not to exceed 60 days after the date of its
257-25 execution.
257-26 Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR
257-27 PENDING COURT APPOINTMENT. A person, licensed child-placing
258-1 agency, or authorized agency designated managing conservator of a
258-2 child in an irrevocable or unrevoked affidavit of relinquishment
258-3 has a right to possession of the child superior to the right of the
258-4 person executing the affidavit, the right to consent to medical and
258-5 surgical treatment of the child, and the rights and duties given by
258-6 Chapter 153 to a possessory conservator until such time as these
258-7 rights and duties are modified or terminated by court order.
258-8 Sec. 161.105. AFFIDAVIT OF STATUS OF CHILD. (a) If the
258-9 child has no presumed father, an affidavit shall be:
258-10 (1) signed by the mother, whether or not a minor;
258-11 (2) witnessed by two credible persons; and
258-12 (3) verified before a person authorized to take oaths.
258-13 (b) The affidavit must:
258-14 (1) state that the mother is not and has not been
258-15 married to the alleged father of the child;
258-16 (2) state that the mother and alleged father have not
258-17 attempted to marry under the laws of this state or another state or
258-18 nation;
258-19 (3) state that paternity has not been established
258-20 under the laws of any state or nation; and
258-21 (4) contain one of the following, as applicable:
258-22 (A) the name and whereabouts of a man alleged to
258-23 be the father;
258-24 (B) the name of an alleged father and a
258-25 statement that the affiant does not know the whereabouts of the
258-26 father;
258-27 (C) a statement that an alleged father has
259-1 executed a statement of paternity under Chapter 160 and an
259-2 affidavit of relinquishment of parental rights under this chapter
259-3 and that both affidavits have been filed with the court; or
259-4 (D) a statement that the name of an alleged
259-5 father is unknown.
259-6 (c) The affidavit of status of child may be executed at any
259-7 time after the first trimester of the pregnancy of the mother.
259-8 Sec. 161.106. AFFIDAVIT OF WAIVER OF INTEREST IN CHILD. (a)
259-9 A man may sign an affidavit disclaiming any interest in a child and
259-10 waiving notice or the service of citation in any suit filed or to
259-11 be filed affecting the parent-child relationship with respect to
259-12 the child.
259-13 (b) The affidavit may be signed before the birth of the
259-14 child.
259-15 (c) The affidavit shall be:
259-16 (1) signed by the man, whether or not a minor;
259-17 (2) witnessed by two credible persons; and
259-18 (3) verified before a person authorized to take oaths.
259-19 (d) The affidavit may contain a statement that the affiant
259-20 does not admit being the father of the child or having had a sexual
259-21 relationship with the mother of the child.
259-22 (e) An affidavit of waiver of interest in a child may be
259-23 used in a suit in which the affiant attempts to establish an
259-24 interest in the child. The affidavit may not be used in a suit
259-25 brought by another person, licensed child-placing agency, or
259-26 authorized agency to establish the affiant's paternity of the
259-27 child.
260-1 Sec. 161.107. MISSING PARENT OR RELATIVE. (a) In this
260-2 section:
260-3 (1) "Parent" means a parent whose parent-child
260-4 relationship with a child has not been terminated.
260-5 (2) "Relative" means a parent, grandparent, or adult
260-6 sibling or child.
260-7 (b) If a parent of the child has not been personally served
260-8 in a suit in which the Department of Protective and Regulatory
260-9 Services seeks termination, the department must make a diligent
260-10 effort to locate that parent.
260-11 (c) If a parent has not been personally served and cannot be
260-12 located, the department shall make a diligent effort to locate a
260-13 relative of the missing parent to give the relative an opportunity
260-14 to request appointment as the child's managing conservator.
260-15 (d) If the department is not able to locate a missing parent
260-16 or a relative of that parent, the department shall request the
260-17 state agency designated to administer a statewide plan for child
260-18 support to use the parental locator service established under 42
260-19 U.S.C. Section 653 to determine the location of the missing parent
260-20 or relative.
260-21 (e) The department shall be required to provide evidence to
260-22 the court to show what actions were taken by the department in
260-23 making a diligent effort to locate the missing parent and relative
260-24 of the missing parent.
260-25 (Sections 161.108-161.200 reserved for expansion)
260-26 SUBCHAPTER C. HEARING AND ORDER
260-27 Sec. 161.201. NO FINAL ORDER UNTIL CHILD FIVE DAYS OLD. If
261-1 the petition in a suit for termination is filed before the birth of
261-2 the child, the court may not conduct a hearing in the suit nor
261-3 render an order other than a temporary order until the child is at
261-4 least five days old.
261-5 Sec. 161.202. PREFERENTIAL SETTING; SUIT BY GOVERNMENTAL
261-6 ENTITY. In a termination suit filed by a governmental entity,
261-7 licensed child-placing agency, or authorized agency, after a
261-8 hearing, the court shall grant a motion for a preferential setting
261-9 for a final hearing on the merits filed by a party to the suit or
261-10 by the attorney or guardian ad litem for the child and shall give
261-11 precedence to that hearing over other civil cases if:
261-12 (1) termination would make the child eligible for
261-13 adoption; and
261-14 (2) discovery has been completed or sufficient time
261-15 has elapsed since the filing of the suit for the completion of all
261-16 necessary and reasonable discovery if diligently pursued.
261-17 Sec. 161.203. DISMISSAL OF PETITION. A suit to terminate
261-18 may not be dismissed nor may a nonsuit be taken unless the
261-19 dismissal or nonsuit is approved by the court.
261-20 Sec. 161.204. TERMINATION BASED ON AFFIDAVIT OF WAIVER OF
261-21 INTEREST. In a suit for termination, the court may render an order
261-22 terminating all legal relationships and rights which exist or may
261-23 exist between a child and a man who has signed an affidavit of
261-24 waiver of interest in the child, if the termination is in the best
261-25 interest of the child.
261-26 Sec. 161.205. ORDER DENYING TERMINATION. If the court does
261-27 not order termination of the parent-child relationship, it shall:
262-1 (1) dismiss the petition; or
262-2 (2) render any order in the best interest of the
262-3 child.
262-4 Sec. 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If
262-5 the court finds grounds for termination of the parent-child
262-6 relationship, it shall render an order terminating the parent-child
262-7 relationship.
262-8 (b) An order terminating the parent-child relationship
262-9 divests the parent and the child of all legal rights and duties
262-10 with respect to each other, except that the child retains the right
262-11 to inherit from and through the parent unless the court otherwise
262-12 provides.
262-13 (c) Nothing in this chapter precludes or affects the rights
262-14 of a biological or adoptive maternal or paternal grandparent to
262-15 reasonable access under Chapter 153.
262-16 Sec. 161.207. APPOINTMENT OF MANAGING CONSERVATOR ON
262-17 TERMINATION. (a) If the court terminates the parent-child
262-18 relationship with respect to both parents or to the only living
262-19 parent, the court shall appoint a suitable, competent adult, the
262-20 Department of Protective and Regulatory Services, a licensed
262-21 child-placing agency, or an authorized agency as managing
262-22 conservator of the child. An agency designated managing
262-23 conservator in an unrevoked or irrevocable affidavit of
262-24 relinquishment shall be appointed managing conservator.
262-25 (b) The order of appointment may refer to the docket number
262-26 of the suit and need not refer to the parties nor be accompanied by
262-27 any other papers in the record.
263-1 Sec. 161.208. APPOINTMENT OF DEPARTMENT OF PROTECTIVE AND
263-2 REGULATORY SERVICES AS MANAGING CONSERVATOR. If a parent of the
263-3 child has not been personally served in a suit in which the
263-4 Department of Protective and Regulatory Services seeks termination,
263-5 the court that terminates a parent-child relationship may not
263-6 appoint the Department of Protective and Regulatory Services as
263-7 permanent managing conservator of the child unless the court
263-8 determines that:
263-9 (1) the department has made a diligent effort to
263-10 locate a missing parent who has not been personally served and a
263-11 relative of that parent; and
263-12 (2) a relative located by the department has had a
263-13 reasonable opportunity to request appointment as managing
263-14 conservator of the child or the department has not been able to
263-15 locate the missing parent or a relative of the missing parent.
263-16 Sec. 161.209. COPY OF ORDER OF TERMINATION. A copy of an
263-17 order of termination rendered under Section 161.206 is not required
263-18 to be mailed to parties as provided by Rules 119a and 239a, Texas
263-19 Rules of Civil Procedure.
263-20 Sec. 161.210. SEALING OF FILE. The court, on the motion of
263-21 a party or on the court's own motion, may order the sealing of the
263-22 file, the minutes of the court, or both, in a suit for termination.
263-23 CHAPTER 162. ADOPTION
263-24 SUBCHAPTER A. ADOPTION OF A CHILD
263-25 Sec. 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject to
263-26 the requirements for standing to sue in Chapter 102, an adult may
263-27 petition to adopt a child who may be adopted.
264-1 (b) A child residing in this state may be adopted if:
264-2 (1) the parent-child relationship as to each living
264-3 parent of the child has been terminated or a suit for termination
264-4 is joined with the suit for adoption; or
264-5 (2) the parent whose rights have not been terminated
264-6 is presently the spouse of the petitioner and the proceeding is for
264-7 a stepparent adoption.
264-8 (c) If an affidavit of relinquishment of parental rights
264-9 contains a consent for the Department of Protective and Regulatory
264-10 Services or a licensed child-placing agency to place the child for
264-11 adoption and appoints the department or agency managing conservator
264-12 of the child, further consent by the parent is not required and the
264-13 adoption order shall terminate all rights of the parent without
264-14 further termination proceedings.
264-15 Sec. 162.002. PREREQUISITES TO PETITION. (a) If a
264-16 petitioner is married, both spouses must join in the petition for
264-17 adoption.
264-18 (b) A petition in a suit for adoption or a suit for
264-19 appointment of a nonparent managing conservator with authority to
264-20 consent to adoption of a child must include:
264-21 (1) a verified allegation that there has been
264-22 compliance with Subchapter B; or
264-23 (2) if there has not been compliance with Subchapter
264-24 B, a verified statement of the particular reasons for
264-25 noncompliance.
264-26 Sec. 162.003. SOCIAL STUDY. In a suit for adoption, the
264-27 court shall order a social study as provided in Chapter 107.
265-1 Sec. 162.004. TIME FOR HEARING. (a) The court shall set
265-2 the date for the hearing on the adoption at a time not before the
265-3 40th day or later than the 60th day after the date the social study
265-4 is ordered.
265-5 (b) For good cause shown, the court may set the hearing at
265-6 any time that provides adequate time for filing the social study.
265-7 Sec. 162.005. PREPARATION OF HEALTH, SOCIAL, EDUCATIONAL,
265-8 AND GENETIC HISTORY REPORT. (a) This section does not apply to an
265-9 adoption by the child's:
265-10 (1) grandparent;
265-11 (2) aunt or uncle by birth, marriage, or prior
265-12 adoption; or
265-13 (3) stepparent.
265-14 (b) Before placing a child for adoption, the Department of
265-15 Protective and Regulatory Services, a licensed child-placing
265-16 agency, or the child's parent or guardian shall compile a report on
265-17 the available health, social, educational, and genetic history of
265-18 the child to be adopted.
265-19 (c) The report shall include a history of physical, sexual,
265-20 or emotional abuse suffered by the child, if any.
265-21 (d) If the child has been placed for adoption by a person or
265-22 entity other than the department, a licensed child-placing agency,
265-23 or the child's parent or guardian, it is the duty of the person or
265-24 entity who places the child for adoption to prepare the report.
265-25 (e) The person or entity who places the child for adoption
265-26 shall provide the prospective adoptive parents a copy of the report
265-27 as early as practicable before the first meeting of the adoptive
266-1 parents with the child. The copy of the report shall be edited to
266-2 protect the identity of birth parents and their families.
266-3 (f) The department, licensed child-placing agency, parent,
266-4 guardian, person, or entity who prepares and files the original
266-5 report is required to furnish supplemental medical, psychological,
266-6 and psychiatric information to the adoptive parents if that
266-7 information becomes available and to file the supplemental
266-8 information where the original report is filed. The supplemental
266-9 information shall be retained for as long as the original report is
266-10 required to be retained.
266-11 Sec. 162.006. RIGHT TO EXAMINE RECORDS. (a) The
266-12 department, licensed child-placing agency, person, or entity
266-13 placing a child for adoption shall inform the prospective adoptive
266-14 parents of their right to examine the records and other information
266-15 relating to the history of the child. The person or entity placing
266-16 the child for adoption shall edit the records and information to
266-17 protect the identity of the biological parents and any other person
266-18 whose identity is confidential.
266-19 (b) The department, licensed child-placing agency, or court
266-20 retaining a copy of the report shall provide a copy of the report
266-21 that has been edited to protect the identity of the birth parents
266-22 and any other person whose identity is confidential to the
266-23 following persons on request:
266-24 (1) an adoptive parent of the adopted child;
266-25 (2) the managing conservator, guardian of the person,
266-26 or legal custodian of the adopted child;
266-27 (3) the adopted child, after the child is an adult;
267-1 (4) the surviving spouse of the adopted child if the
267-2 adopted child is dead and the spouse is the parent or guardian of a
267-3 child of the deceased adopted child; or
267-4 (5) a progeny of the adopted child if the adopted
267-5 child is dead and the progeny is an adult.
267-6 (c) A copy of the report may not be furnished to a person
267-7 who cannot furnish satisfactory proof of identity and legal
267-8 entitlement to receive a copy.
267-9 (d) A person requesting a copy of the report shall pay the
267-10 actual and reasonable costs of providing a copy and verifying
267-11 entitlement to the copy.
267-12 (e) The report shall be retained for 99 years from the date
267-13 of the adoption by the department or licensed child-placing agency
267-14 placing the child for adoption. If the agency ceases to function
267-15 as a child-placing agency, the agency shall transfer all the
267-16 reports to the department or, after giving notice to the
267-17 department, to a transferee agency that is assuming responsibility
267-18 for the preservation of the agency's adoption records. If the
267-19 child has not been placed for adoption by the department or a
267-20 licensed child-placing agency and if the child is being adopted by
267-21 a person other than the child's stepparent, grandparent, aunt, or
267-22 uncle by birth, marriage, or prior adoption, the person or entity
267-23 who places the child for adoption shall file the report with the
267-24 department, which shall retain the copies for 99 years from the
267-25 date of the adoption.
267-26 Sec. 162.007. CONTENTS OF HEALTH, SOCIAL, EDUCATIONAL, AND
267-27 GENETIC HISTORY REPORT. (a) The health history of the child must
268-1 include information about:
268-2 (1) the child's health status at the time of
268-3 placement;
268-4 (2) the child's birth, neonatal, and other medical,
268-5 psychological, psychiatric, and dental history information;
268-6 (3) a record of immunizations for the child; and
268-7 (4) the available results of medical, psychological,
268-8 psychiatric, and dental examinations of the child.
268-9 (b) The social history of the child must include
268-10 information, to the extent known, about past and existing
268-11 relationships between the child and the child's siblings, parents
268-12 by birth, extended family, and other persons who have had physical
268-13 possession of or legal access to the child.
268-14 (c) The educational history of the child must include, to
268-15 the extent known, information about:
268-16 (1) the enrollment and performance of the child in
268-17 educational institutions;
268-18 (2) results of educational testing and standardized
268-19 tests for the child; and
268-20 (3) special educational needs, if any, of the child.
268-21 (d) The genetic history of the child must include a
268-22 description of the child's parents by birth and their parents, any
268-23 other child born to either of the child's parents, and extended
268-24 family members and must include, to the extent the information is
268-25 available, information about:
268-26 (1) their health and medical history, including any
268-27 genetic diseases and disorders;
269-1 (2) their health status at the time of placement;
269-2 (3) the cause of and their age at death;
269-3 (4) their height, weight, and eye and hair color;
269-4 (5) their nationality and ethnic background;
269-5 (6) their general levels of educational and
269-6 professional achievements, if any;
269-7 (7) their religious backgrounds, if any;
269-8 (8) any psychological, psychiatric, or social
269-9 evaluations, including the date of the evaluation, any diagnosis,
269-10 and a summary of any findings;
269-11 (9) any criminal conviction records relating to a
269-12 misdemeanor or felony classified as an offense against the person
269-13 or family or public indecency or a felony violation of a statute
269-14 intended to control the possession or distribution of a substance
269-15 included in Chapter 481, Health and Safety Code; and
269-16 (10) any information necessary to determine whether
269-17 the child is entitled to or otherwise eligible for state or federal
269-18 financial, medical, or other assistance.
269-19 Sec. 162.008. FILING OF HEALTH, SOCIAL, EDUCATIONAL, AND
269-20 GENETIC HISTORY REPORT. (a) This section does not apply to an
269-21 adoption by the child's:
269-22 (1) grandparent;
269-23 (2) aunt or uncle by birth, marriage, or prior
269-24 adoption; or
269-25 (3) stepparent.
269-26 (b) A petition for adoption may not be granted until the
269-27 following documents have been filed:
270-1 (1) a copy of the health, social, educational, and
270-2 genetic history report signed by the child's adoptive parents; and
270-3 (2) if the report is required to be submitted to the
270-4 department by Section 162.006(e), a certificate from the department
270-5 acknowledging receipt of the report.
270-6 (c) A court having jurisdiction of a suit affecting the
270-7 parent-child relationship may by order waive the making and filing
270-8 of a report under this section if the child's biological parents
270-9 cannot be located and their absence results in insufficient
270-10 information being available to compile the report.
270-11 Sec. 162.009. RESIDENCE WITH PETITIONER. (a) The court may
270-12 not grant an adoption until the child has resided with the
270-13 petitioner for not less than six months.
270-14 (b) On request of the petitioner, the court may waive the
270-15 residence requirement if the waiver is in the best interest of the
270-16 child.
270-17 Sec. 162.010. CONSENT REQUIRED. (a) Unless the managing
270-18 conservator is the petitioner, the written consent of a managing
270-19 conservator to the adoption must be filed. The court may waive the
270-20 requirement of consent by the managing conservator if the court
270-21 finds that the consent is being refused or has been revoked without
270-22 good cause.
270-23 (b) If a parent of the child is presently the spouse of the
270-24 petitioner, that parent must join in the petition for adoption and
270-25 further consent of that parent is not required.
270-26 (c) A child 12 years of age or older must consent to the
270-27 adoption in writing or in court. The court may waive this
271-1 requirement if it would serve the child's best interest.
271-2 Sec. 162.011. REVOCATION OF CONSENT. At any time before an
271-3 order granting the adoption of the child is rendered, a consent
271-4 required by Section 162.010 may be revoked by filing a signed
271-5 revocation.
271-6 Sec. 162.012. DIRECT OR COLLATERAL ATTACK. (a) The
271-7 validity of an adoption order is not subject to attack after the
271-8 second anniversary of the date the order was rendered.
271-9 (b) The validity of a final adoption order is not subject to
271-10 attack because a health, social, educational, and genetic history
271-11 was not filed.
271-12 Sec. 162.013. ABATEMENT OR DISMISSAL. (a) If the sole
271-13 petitioner dies or the joint petitioners die, the court shall
271-14 dismiss the suit for adoption.
271-15 (b) If one of the joint petitioners dies, the proceeding
271-16 shall continue uninterrupted.
271-17 (c) If the joint petitioners divorce, the court shall abate
271-18 the suit for adoption. The court shall dismiss the petition unless
271-19 the petition is amended to request adoption by one of the original
271-20 petitioners.
271-21 Sec. 162.014. ATTENDANCE AT HEARING REQUIRED. (a) If the
271-22 joint petitioners are husband and wife and it would be unduly
271-23 difficult for one of the petitioners to appear at the hearing, the
271-24 court may waive the attendance of that petitioner if the other
271-25 spouse is present.
271-26 (b) A child to be adopted who is 12 years of age or older
271-27 shall attend the hearing. The court may waive this requirement in
272-1 the best interest of the child.
272-2 Sec. 162.015. RACE OR ETHNICITY. In determining the best
272-3 interest of the child, the court may not deny or delay the adoption
272-4 or otherwise discriminate on the basis of race or ethnicity of the
272-5 child or the prospective adoptive parents.
272-6 Sec. 162.016. ADOPTION ORDER. (a) If a petition requesting
272-7 termination has been joined with a petition requesting adoption,
272-8 the court shall also terminate the parent-child relationship at the
272-9 same time the adoption order is rendered. The court must make
272-10 separate findings that the termination is in the best interest of
272-11 the child and that the adoption is in the best interest of the
272-12 child.
272-13 (b) If the court finds that the requirements for adoption
272-14 have been met and the adoption is in the best interest of the
272-15 child, the court shall grant the adoption.
272-16 (c) The name of the child may be changed in the order if
272-17 requested.
272-18 Sec. 162.017. EFFECT OF ADOPTION. (a) An order of adoption
272-19 creates the parent-child relationship between the adoptive parent
272-20 and the child for all purposes.
272-21 (b) An adopted child is entitled to inherit from and through
272-22 the child's adoptive parents as though the child were the
272-23 biological child of the parents.
272-24 (c) The terms "child," "descendant," "issue," and other
272-25 terms indicating the relationship of parent and child include an
272-26 adopted child unless the context or express language clearly
272-27 indicates otherwise.
273-1 (d) Nothing in this chapter precludes or affects the rights
273-2 of a biological or adoptive maternal or paternal grandparent to
273-3 reasonable access, as provided in Chapter 153.
273-4 Sec. 162.018. ACCESS TO INFORMATION. (a) The adoptive
273-5 parents are entitled to receive copies of the records and other
273-6 information relating to the history of the child maintained by the
273-7 department, licensed child-placing agency, person, or entity
273-8 placing the child for adoption.
273-9 (b) The adoptive parents and the adopted child, after the
273-10 child is an adult, are entitled to receive copies of the records
273-11 that have been edited to protect the identity of the biological
273-12 parents and any other person whose identity is confidential and
273-13 other information relating to the history of the child maintained
273-14 by the department, licensed child-placing agency, person, or entity
273-15 placing the child for adoption.
273-16 (c) It is the duty of the person or entity placing the child
273-17 for adoption to edit the records and information to protect the
273-18 identity of the biological parents and any other person whose
273-19 identity is confidential.
273-20 Sec. 162.019. COPY OF ORDER. A copy of the adoption order
273-21 is not required to be mailed to the parties as provided in Rules
273-22 119a and 239a, Texas Rules of Civil Procedure.
273-23 Sec. 162.020. WITHDRAWAL OR DENIAL OF PETITION. If a
273-24 petition requesting adoption is withdrawn or denied, the court may
273-25 order the removal of the child from the proposed adoptive home if
273-26 removal is in the child's best interest and may enter any order
273-27 necessary for the welfare of the child.
274-1 Sec. 162.021. SEALING FILE. (a) The court, on the motion
274-2 of a party or on the court's own motion, may order the sealing of
274-3 the file and the minutes of the court, or both, in a suit
274-4 requesting an adoption.
274-5 (b) Rendition of the order does not relieve the clerk from
274-6 the duty to send the files or petitions and decrees of adoption to
274-7 the department as required by this subchapter.
274-8 Sec. 162.022. CONFIDENTIALITY MAINTAINED BY CLERK. The
274-9 records concerning a child maintained by the district clerk after
274-10 entry of an order of adoption are confidential. No person is
274-11 entitled to access to the records or may obtain information from
274-12 the records except for good cause under an order of the court that
274-13 issued the order.
274-14 Sec. 162.023. TRANSMITTAL OF ADOPTION RECORD BY CLERK. (a)
274-15 On entry of an order of adoption or on the termination of the
274-16 jurisdiction of the court, the clerk of the court at the
274-17 petitioner's request shall send to the Department of Protective and
274-18 Regulatory Services a complete file in the case, including the
274-19 pleadings, papers, studies, and records in the suit other than the
274-20 minutes of the court.
274-21 (b) The clerk of the court, on entry of an order of
274-22 adoption, shall send to the department a certified copy of the
274-23 petition and order of adoption. The clerk may not send to the
274-24 department pleadings, papers, studies, and records for a suit for
274-25 divorce or annulment or to declare a marriage void.
274-26 Sec. 162.024. CONFIDENTIALITY REQUIREMENT FOR DEPARTMENT.
274-27 (a) When the Department of Protective and Regulatory Services
275-1 receives the complete file or petition and order of adoption, the
275-2 department shall close the records concerning that child. Except
275-3 for statistical purposes, the department may not disclose any
275-4 information concerning the proceedings concerning the child.
275-5 (b) Except on the order of the court that issued the order
275-6 of adoption, any inquiry concerning the child shall be considered
275-7 as though the child had not previously been the subject of a suit
275-8 affecting the parent-child relationship.
275-9 (c) On receipt of additional records concerning a child who
275-10 has been the subject of a suit affecting the parent-child
275-11 relationship in which the records have been closed as provided by
275-12 this section, a new file shall be made and maintained in the manner
275-13 of other records required by this section.
275-14 (Sections 162.025-162.100 reserved for expansion)
275-15 SUBCHAPTER B. INTERSTATE PLACEMENT OF CHILDREN; INTERSTATE COMPACT
275-16 Sec. 162.101. DEFINITIONS. In this subchapter:
275-17 (1) "Appropriate public authorities," with reference
275-18 to this state, means the executive director.
275-19 (2) "Appropriate authority in the receiving state,"
275-20 with reference to this state, means the executive director.
275-21 (3) "Child" means a person who, by reason of minority,
275-22 is legally subject to parental, guardianship, or similar control.
275-23 (4) "Child-care facility" means a facility that
275-24 provides care, training, education, custody, treatment, or
275-25 supervision for a minor child who is not related by blood,
275-26 marriage, or adoption to the owner or operator of the facility,
275-27 whether or not the facility is operated for profit and whether or
276-1 not the facility makes a charge for the service offered by it.
276-2 (5) "Compact" means the Interstate Compact on the
276-3 Placement of Children.
276-4 (6) "Department" means the Department of Protective
276-5 and Regulatory Services.
276-6 (7) "Executive head," with reference to this state,
276-7 means the governor.
276-8 (8) "Executive director" means the executive director
276-9 of the Department of Protective and Regulatory Services.
276-10 (9) "Placement" means an arrangement for the care of a
276-11 child in a family free, in a boarding home, or in a child-care
276-12 facility or institution, including an institution caring for the
276-13 mentally ill, mentally defective, or epileptic, but does not
276-14 include an institution primarily educational in character or a
276-15 hospital or other primarily medical facility.
276-16 (10) "Sending agency" means a state, a subdivision of
276-17 a state, an officer or employee of a state or subdivision of a
276-18 state, a court of a state, or a person, partnership, corporation,
276-19 association, charitable agency, or other entity, located outside
276-20 this state, that sends, brings, or causes to be sent or brought a
276-21 child into this state.
276-22 Sec. 162.102. REQUIRED NOTICE OF INTENT TO PLACE A CHILD.
276-23 (a) Before the placement in this state of a child from another
276-24 state, the sending agency must furnish the department written
276-25 notice of its intention to place the child in this state. The
276-26 notice must contain:
276-27 (1) the name and the date and place of birth of the
277-1 child;
277-2 (2) the names and addresses of the child's parents or
277-3 legal guardian and the legal relationship of the named persons to
277-4 the child;
277-5 (3) the name and address of the person, agency, or
277-6 institution with which the sending agency proposes to place the
277-7 child; and
277-8 (4) a full statement of the reasons for the placement
277-9 and evidence of the authority under which the placement is proposed
277-10 to be made.
277-11 (b) After receipt of a notice under Subsection (a), the
277-12 executive director may request additional or supporting information
277-13 considered necessary from an appropriate authority in the state
277-14 where the child is located.
277-15 (c) A sending agency may not send, bring, or cause to be
277-16 sent or brought into this state a child for placement until the
277-17 executive director notifies the sending agency in writing that the
277-18 proposed placement does not appear to be contrary to the best
277-19 interest of the child.
277-20 (d) A child-care facility in this state may not receive a
277-21 child for placement unless the placement conforms to the
277-22 requirements of this subchapter.
277-23 Sec. 162.103. RESPONSIBILITIES OF SENDING AGENCY. (a)
277-24 After placement in this state, the sending agency retains
277-25 jurisdiction over the child to determine all matters relating to
277-26 the custody, supervision, care, treatment, and disposition of the
277-27 child that it would have had if the child had remained in the
278-1 sending agency's state, until the child is adopted, reaches
278-2 majority, becomes self-supporting, or is discharged with the
278-3 concurrence of the executive director. The sending agency may
278-4 cause the child to be returned to it or transferred to another
278-5 location, except as provided by Section 162.110(a).
278-6 (b) The sending agency has financial responsibility for the
278-7 support and maintenance of the child during each period of
278-8 placement in this state. If the sending agency fails wholly or in
278-9 part to provide financial support and maintenance during placement,
278-10 the executive director may bring suit under Chapter 154 and may
278-11 file a complaint with the appropriate prosecuting attorney,
278-12 claiming a violation of Section 25.05, Penal Code.
278-13 (c) After the failure by the sending agency to provide
278-14 support or maintenance for a child, if the executive director
278-15 determines that financial responsibility is unlikely to be assumed
278-16 by the sending agency or by the child's parents or guardian if not
278-17 the sending agency, the executive director shall cause the child to
278-18 be returned to the sending agency.
278-19 (d) After the failure of the sending agency to provide
278-20 support or maintenance for a child, the department shall assume
278-21 financial responsibility for the child until responsibility is
278-22 assumed by the sending agency or the child's parents or guardian or
278-23 until the child is safely returned to the sending agency.
278-24 Sec. 162.104. DELINQUENT CHILD. A child adjudicated as
278-25 delinquent in another state may not be placed in this state unless
278-26 the child has received a court hearing, after notice to a parent or
278-27 guardian, where the child had an opportunity to be heard and the
279-1 court found that:
279-2 (1) equivalent facilities for the child are not
279-3 available in the sending agency's jurisdiction; and
279-4 (2) institutional care in this state is in the best
279-5 interest of the child and will not produce undue hardship.
279-6 Sec. 162.105. PRIVATE CHARITABLE AGENCIES. This subchapter
279-7 does not prevent a private charitable agency authorized to place
279-8 children in this state from performing services or acting as an
279-9 agent in this state for a private charitable agency in a sending
279-10 state or prevent the agency in this state from discharging
279-11 financial responsibility for the support and maintenance of a child
279-12 who has been placed on behalf of a sending agency without altering
279-13 financial responsibility as provided by Section 162.103.
279-14 Sec. 162.106. EXEMPTIONS. This subchapter does not apply
279-15 to:
279-16 (1) the sending or bringing of a child into this state
279-17 by the child's parent, stepparent, grandparent, adult brother or
279-18 sister, adult uncle or aunt, or guardian;
279-19 (2) the leaving of the child with a person described
279-20 in Subdivision (1) or with a nonagency guardian in this state; or
279-21 (3) the placement, sending, or bringing of a child
279-22 into this state under the provisions of an interstate compact to
279-23 which both this state and the state from which the child is sent or
279-24 brought are parties.
279-25 Sec. 162.107. PENALTIES. (a) An individual or corporation
279-26 commits an offense if the individual or corporation violates
279-27 Section 162.102(a) or (c). An offense under this subsection is a
280-1 Class B misdemeanor.
280-2 (b) A child-care facility in this state commits an offense
280-3 if the facility violates Section 162.102(d). An offense under this
280-4 subsection is a Class B misdemeanor. On conviction, the court
280-5 shall revoke a license to operate as a child-care facility or
280-6 child-care institution issued to the facility by the department.
280-7 Sec. 162.108. ADOPTION OF COMPACT; TEXT. The Interstate
280-8 Compact on the Placement of Children is adopted by this state and
280-9 entered into with all other jurisdictions in form substantially as
280-10 follows:
280-11 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
280-12 ARTICLE I. PURPOSE AND POLICY
280-13 It is the purpose and policy of the party states to cooperate
280-14 with each other in the interstate placement of children to the end
280-15 that:
280-16 (a) Each child requiring placement shall receive the
280-17 maximum opportunity to be placed in a suitable environment and with
280-18 persons or institutions having appropriate qualifications and
280-19 facilities to provide a necessary and desirable degree and type of
280-20 care.
280-21 (b) The appropriate authorities in a state where a
280-22 child is to be placed may have full opportunity to ascertain the
280-23 circumstances of the proposed placement, thereby promoting full
280-24 compliance with applicable requirements for the protection of the
280-25 child.
280-26 (c) The proper authorities of the state from which the
280-27 placement is made may obtain the most complete information on the
281-1 basis on which to evaluate a projected placement before it is made.
281-2 (d) Appropriate jurisdictional arrangements for the
281-3 care of children will be promoted.
281-4 ARTICLE II. DEFINITIONS
281-5 As used in this compact:
281-6 (a) "Child" means a person who, by reason of minority,
281-7 is legally subject to parental, guardianship, or similar control.
281-8 (b) "Sending agency" means a party state, officer, or
281-9 employee thereof; a subdivision of a party state, or officer or
281-10 employee thereof; a court of a party state; a person, corporation,
281-11 association, charitable agency, or other entity which sends,
281-12 brings, or causes to be sent or brought any child to another party
281-13 state.
281-14 (c) "Receiving state" means the state to which a child
281-15 is sent, brought, or caused to be sent or brought, whether by
281-16 public authorities or private persons or agencies, and whether for
281-17 placement with state or local public authorities or for placement
281-18 with private agencies or persons.
281-19 (d) "Placement" means the arrangement for the care of
281-20 a child in a family free or boarding home or in a child-caring
281-21 agency or institution but does not include any institution caring
281-22 for the mentally ill, mentally defective, or epileptic or any
281-23 institution primarily educational in character, and any hospital or
281-24 other medical facility.
281-25 ARTICLE III. CONDITIONS FOR PLACEMENT
281-26 (a) No sending agency shall send, bring, or cause to be sent
281-27 or brought into any other party state any child for placement in
282-1 foster care or as a preliminary to a possible adoption unless the
282-2 sending agency shall comply with each and every requirement set
282-3 forth in this article and with the applicable laws of the receiving
282-4 state governing the placement of children therein.
282-5 (b) Prior to sending, bringing, or causing any child to be
282-6 sent or brought into a receiving state for placement in foster care
282-7 or as a preliminary to a possible adoption, the sending agency
282-8 shall furnish the appropriate public authorities in the receiving
282-9 state written notice of the intention to send, bring, or place the
282-10 child in the receiving state. The notice shall contain:
282-11 (1) the name, date, and place of birth of the child;
282-12 (2) the identity and address or addresses of the
282-13 parents or legal guardian;
282-14 (3) the name and address of the person, agency, or
282-15 institution to or with which the sending agency proposes to send,
282-16 bring, or place the child;
282-17 (4) a full statement of the reasons for such proposed
282-18 action and evidence of the authority pursuant to which the
282-19 placement is proposed to be made.
282-20 (c) Any public officer or agency in a receiving state which
282-21 is in receipt of a notice pursuant to Paragraph (b) of this article
282-22 may request of the sending agency, or any other appropriate officer
282-23 or agency of or in the sending agency's state, and shall be
282-24 entitled to receive therefrom, such supporting or additional
282-25 information as it may deem necessary under the circumstances to
282-26 carry out the purpose and policy of this compact.
282-27 (d) The child shall not be sent, brought, or caused to be
283-1 sent or brought into the receiving state until the appropriate
283-2 public authorities in the receiving state shall notify the sending
283-3 agency, in writing, to the effect that the proposed placement does
283-4 not appear to be contrary to the interests of the child.
283-5 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
283-6 The sending, bringing, or causing to be sent or brought into
283-7 any receiving state of a child in violation of the terms of this
283-8 compact shall constitute a violation of the laws respecting the
283-9 placement of children of both the state in which the sending agency
283-10 is located or from which it sends or brings the child and of the
283-11 receiving state. Such violation may be punished or subjected to
283-12 penalty in either jurisdiction in accordance with its laws. In
283-13 addition to liability for any such punishment or penalty, any such
283-14 violation shall constitute full and sufficient grounds for the
283-15 suspension or revocation of any license, permit, or other legal
283-16 authorization held by the sending agency which empowers or allows
283-17 it to place or care for children.
283-18 ARTICLE V. RETENTION OF JURISDICTION
283-19 (a) The sending agency shall retain jurisdiction over the
283-20 child sufficient to determine all matters in relation to the
283-21 custody, supervision, care, treatment, and disposition of the child
283-22 which it would have had if the child had remained in the sending
283-23 agency's state, until the child is adopted, reaches majority,
283-24 becomes self-supporting, or is discharged with the concurrence of
283-25 the appropriate authority in the receiving state. Such
283-26 jurisdiction shall also include the power to effect or cause the
283-27 return of the child or its transfer to another location and custody
284-1 pursuant to law. The sending agency shall continue to have
284-2 financial responsibility for support and maintenance of the child
284-3 during the period of the placement. Nothing contained herein shall
284-4 defeat a claim of jurisdiction by a receiving state sufficient to
284-5 deal with an act of delinquency or crime committed therein.
284-6 (b) When the sending agency is a public agency, it may enter
284-7 into an agreement with an authorized public or private agency in
284-8 the receiving state providing for the performance of one or more
284-9 services in respect of such case by the latter as agent for the
284-10 sending agency.
284-11 (c) Nothing in this compact shall be construed to prevent a
284-12 private charitable agency authorized to place children in the
284-13 receiving state from performing services or acting as agent in that
284-14 state for a private charitable agency of the sending state; nor to
284-15 prevent the agency in the receiving state from discharging
284-16 financial responsibility for the support and maintenance of a child
284-17 who has been placed on behalf of the sending agency without
284-18 relieving the responsibility set forth in Paragraph (a) hereof.
284-19 ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
284-20 A child adjudicated delinquent may be placed in an
284-21 institution in another party jurisdiction pursuant to this compact
284-22 but no such placement shall be made unless the child is given a
284-23 court hearing on notice to the parent or guardian with opportunity
284-24 to be heard, prior to his being sent to such other party
284-25 jurisdiction for institutional care and the court finds that:
284-26 (1) equivalent facilities for the child are not
284-27 available in the sending agency's jurisdiction; and
285-1 (2) institutional care in the other jurisdiction is in
285-2 the best interest of the child and will not produce undue hardship.
285-3 ARTICLE VII. COMPACT ADMINISTRATOR
285-4 The executive head of each jurisdiction party to this compact
285-5 shall designate an officer who shall be general coordinator of
285-6 activities under this compact in his jurisdiction and who, acting
285-7 jointly with like officers of other party jurisdictions, shall have
285-8 power to promulgate rules and regulations to carry out more
285-9 effectively the terms and provisions of this compact.
285-10 ARTICLE VIII. LIMITATIONS
285-11 This compact shall not apply to:
285-12 (a) the sending or bringing of a child into a
285-13 receiving state by his parent, stepparent, grandparent, adult
285-14 brother or sister, adult uncle or aunt, or his guardian and leaving
285-15 the child with any such relative or nonagency guardian in the
285-16 receiving state; or
285-17 (b) any placement, sending, or bringing of a child
285-18 into a receiving state pursuant to any other interstate compact to
285-19 which both the state from which the child is sent or brought and
285-20 the receiving state are party, or to any other agreement between
285-21 said states which has the force of law.
285-22 ARTICLE IX. ENACTMENT AND WITHDRAWAL
285-23 This compact shall be open to joinder by any state,
285-24 territory, or possession of the United States, the District of
285-25 Columbia, the Commonwealth of Puerto Rico, and, with the consent of
285-26 congress, the government of Canada or any province thereof. It
285-27 shall become effective with respect to any such jurisdiction when
286-1 such jurisdiction has enacted the same into law. Withdrawal from
286-2 this compact shall be by the enactment of a statute repealing the
286-3 same, but shall not take effect until two years after the effective
286-4 date of such statute and until written notice of the withdrawal has
286-5 been given by the withdrawing state to the governor of each other
286-6 party jurisdiction. Withdrawal of a party state shall not affect
286-7 the rights, duties, and obligations under this compact of any
286-8 sending agency therein with respect to a placement made prior to
286-9 the effective date of withdrawal.
286-10 ARTICLE X. CONSTRUCTION AND SEVERABILITY
286-11 The provisions of this compact shall be liberally construed
286-12 to effectuate the purposes thereof. The provisions of this compact
286-13 shall be severable and if any phrase, clause, sentence, or
286-14 provision of this compact is declared to be contrary to the
286-15 constitution of any party state or of the United States or the
286-16 applicability thereof to any government, agency, person, or
286-17 circumstance is held invalid, the validity of the remainder of this
286-18 compact and the applicability thereof to any government, agency,
286-19 person, or circumstance shall not be affected thereby. If this
286-20 compact shall be held contrary to the constitution of any state
286-21 party thereto, the compact shall remain in full force and effect as
286-22 to the remaining states and in full force and effect as to the
286-23 state affected as to all severable matters.
286-24 Sec. 162.109. FINANCIAL RESPONSIBILITY FOR CHILD. (a)
286-25 Financial responsibility for a child placed as provided in the
286-26 compact is determined, in the first instance, as provided in
286-27 Article V of the compact. After partial or complete default of
287-1 performance under the provisions of Article V assigning financial
287-2 responsibility, the executive director may bring suit under Chapter
287-3 154 and may file a complaint with the appropriate prosecuting
287-4 attorney, claiming a violation of Section 25.05, Penal Code.
287-5 (b) After default, if the executive director determines that
287-6 financial responsibility is unlikely to be assumed by the sending
287-7 agency or the child's parents, the executive director shall cause
287-8 the child to be returned to the sending agency.
287-9 (c) After default, the department shall assume financial
287-10 responsibility for the child until it is assumed by the child's
287-11 parents or until the child is safely returned to the sending
287-12 agency.
287-13 Sec. 162.110. APPROVAL OF PLACEMENT OR DISCHARGE. (a) The
287-14 executive director may not approve the placement of a child in this
287-15 state without the concurrence of the individuals with whom the
287-16 child is proposed to be placed or the head of an institution with
287-17 which the child is proposed to be placed.
287-18 (b) The executive director may not approve the discharge of
287-19 a child placed in a public institution in this state without the
287-20 concurrence of the head of the institution.
287-21 Sec. 162.111. PLACEMENT IN ANOTHER STATE. A juvenile court
287-22 may place a delinquent child in an institution in another state as
287-23 provided by Article VI of the compact. After placement in another
287-24 state, the court retains jurisdiction of the child as provided by
287-25 Article V of the compact.
287-26 Sec. 162.112. COMPACT ADMINISTRATOR. (a) The governor
287-27 shall appoint the executive director as compact administrator.
288-1 (b) If the executive director is unable to attend a compact
288-2 meeting, the executive director may designate a department employee
288-3 to attend the meeting as the executive director's representative.
288-4 Sec. 162.113. APPLICATION OF SUNSET ACT. The office of
288-5 administrator of the Interstate Compact on the Placement of
288-6 Children is subject to the Texas Sunset Act (Chapter 325,
288-7 Government Code). Unless continued in existence as provided by
288-8 that Act, the office is abolished and this subchapter expires
288-9 September 1, 1999.
288-10 Sec. 162.114. NOTICE OF MEETINGS. For informational
288-11 purposes, the department shall file with the secretary of state
288-12 notice of compact meetings for publication in the Texas Register.
288-13 (Sections 162.115-162.200 reserved for expansion)
288-14 (SUBCHAPTER C reserved for expansion)
288-15 (Sections 162.201-162.300 reserved for expansion)
288-16 SUBCHAPTER D. ADOPTION SERVICES
288-17 BY THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
288-18 Sec. 162.301. DEFINITIONS. In this subchapter:
288-19 (1) "Department" means the Department of Protective
288-20 and Regulatory Services.
288-21 (2) "Hard-to-place child" means a child who is:
288-22 (A) three years of age or older;
288-23 (B) difficult to place in an adoptive home
288-24 because of the child's age, race, color, ethnic background,
288-25 language, or physical, mental, or emotional disability; or
288-26 (C) a member of a sibling group that should be
288-27 placed in the same home.
289-1 Sec. 162.302. ADOPTION SERVICES PROGRAM. (a) The
289-2 department shall administer a program designed to promote the
289-3 adoption of hard-to-place children by providing information to
289-4 prospective adoptive parents concerning the availability of the
289-5 relinquished children, assisting the parents in completing the
289-6 adoption process, and providing financial assistance necessary for
289-7 the parents to adopt the children.
289-8 (b) The legislature intends that the program benefit
289-9 hard-to-place children residing in foster homes at state or county
289-10 expense by providing them with the stability and security of
289-11 permanent homes and that the costs paid by the state and counties
289-12 for foster home care for the children be reduced.
289-13 (c) The program shall be carried out by licensed
289-14 child-placing agencies or county child-care or welfare units under
289-15 rules adopted by the department.
289-16 (d) The department shall keep records necessary to evaluate
289-17 the program's effectiveness in encouraging and promoting the
289-18 adoption of hard-to-place children.
289-19 Sec. 162.303. DISSEMINATION OF INFORMATION. The department,
289-20 county child-care or welfare units, and licensed child-placing
289-21 agencies shall disseminate information to prospective adoptive
289-22 parents concerning the availability for adoption of hard-to-place
289-23 children and the existence of financial assistance for parents who
289-24 adopt them. Special effort shall be made to disseminate the
289-25 information to families that have lower income levels or that
289-26 belong to disadvantaged groups.
289-27 Sec. 162.304. FINANCIAL ASSISTANCE. (a) Adoption fees for
290-1 a hard-to-place child may be waived.
290-2 (b) The adoption of a hard-to-place child may be subsidized
290-3 by an amount not exceeding the amount that would be paid for foster
290-4 home care for the child if the child was not adopted. The need for
290-5 the subsidy shall be determined by the department under its rules.
290-6 (c) In addition to the subsidy under Subsection (b), the
290-7 department may subsidize the cost of medical care for a
290-8 hard-to-place child. The department shall determine the amount and
290-9 need for the subsidy.
290-10 (d) The county may pay a subsidy under Subsection (b) or (c)
290-11 if the county is responsible for the child's foster home care at
290-12 the time of the adoption.
290-13 (e) The state shall pay the subsidy if at the time of the
290-14 adoption the child is receiving aid under the Texas Department of
290-15 Human Services' aid to families with dependent children program.
290-16 The state may pay the subsidy if the department is managing
290-17 conservator for the child. If the child is receiving supplemental
290-18 security income from the federal government, the state may pay the
290-19 subsidy regardless of whether the state is the managing conservator
290-20 for the child.
290-21 Sec. 162.305. FUNDS. (a) The department shall actively
290-22 seek and use federal funds available for the purposes of this
290-23 subchapter.
290-24 (b) Gifts or grants from private sources for the purposes of
290-25 this subchapter shall be used to support the program.
290-26 Sec. 162.306. POSTADOPTION SERVICES. (a) The department
290-27 may provide services after adoption to adoptees and adoptive
291-1 families for whom the department provided services before the
291-2 adoption.
291-3 (b) The department may provide services under this section
291-4 directly or through contract.
291-5 (c) The services may include financial assistance, respite
291-6 care, placement services, parenting programs, support groups,
291-7 counseling services, and medical aid.
291-8 Sec. 162.307. POSTADOPTION SERVICES ADVISORY COMMITTEE. (a)
291-9 The postadoption services advisory committee is established.
291-10 (b) The committee consists of:
291-11 (1) a representative of the department appointed by
291-12 the executive director;
291-13 (2) a representative of the Texas Department of Mental
291-14 Health and Mental Retardation appointed by the commissioner of
291-15 mental health and mental retardation;
291-16 (3) an adoptive parent appointed by the lieutenant
291-17 governor;
291-18 (4) an adoptive parent appointed by the speaker of the
291-19 house;
291-20 (5) a psychologist or psychiatrist licensed to
291-21 practice in this state who specializes in treating adopted children
291-22 appointed by the lieutenant governor; and
291-23 (6) a representative of a private adoption agency
291-24 appointed by the speaker of the house.
291-25 (c) The executive director shall set the time and place of
291-26 the first meeting.
291-27 (d) Committee members serve two-year terms and may be
292-1 reappointed for subsequent terms.
292-2 (e) The committee shall annually elect one member to serve
292-3 as presiding officer.
292-4 (f) The committee shall meet not less than quarterly.
292-5 (g) An action taken by the committee must be approved by a
292-6 majority vote of the members present.
292-7 (h) A member of the committee may not receive compensation
292-8 but is entitled to reimbursement for actual and necessary expenses
292-9 incurred in performing the member's duties under this section.
292-10 (i) The department shall pay the expenses of the committee
292-11 and supply necessary personnel and supplies.
292-12 (j) The committee shall:
292-13 (1) monitor the postadoption services provided by the
292-14 department and the contracts issued for those services;
292-15 (2) study the costs and benefits provided by the
292-16 postadoption services;
292-17 (3) review the issues concerning adoptees and adoptive
292-18 families and develop appropriate policy recommendations for the
292-19 state; and
292-20 (4) submit a biennial report to the legislature not
292-21 later than February 1 of each odd-numbered year that includes the
292-22 results of the costs and benefits study, the policy recommendations
292-23 for the state, and committee recommendations to improve
292-24 postadoption services provided by the department.
292-25 Sec. 162.308. RACE OR ETHNICITY. The department, a county
292-26 child-care or welfare unit, or a licensed child-placing agency may
292-27 not deny or delay placement of a child for adoption or otherwise
293-1 discriminate on the basis of the race or ethnicity of the child or
293-2 the prospective adoptive parents.
293-3 (Sections 162.309-162.400 reserved for expansion)
293-4 SUBCHAPTER E. VOLUNTARY ADOPTION REGISTRIES
293-5 Sec. 162.401. PURPOSE. The purpose of this subchapter is to
293-6 provide for the establishment of mutual consent voluntary adoption
293-7 registries through which adoptees, birth parents, and biological
293-8 siblings may voluntarily locate each other. It is not the purpose
293-9 of this subchapter to inhibit or prohibit persons from locating
293-10 each other through other legal means or to inhibit or affect in any
293-11 way the provision of postadoptive services and education, by
293-12 adoption agencies or others, that go further than the procedures
293-13 set out for registries established under this subchapter.
293-14 Sec. 162.402. DEFINITIONS. In this subchapter:
293-15 (1) "Administrator" means the administrator of a
293-16 mutual consent voluntary adoption registry established under this
293-17 subchapter.
293-18 (2) "Adoptee" means a person 18 years of age or older
293-19 who has been legally adopted in this state during the person's
293-20 minority or who was born in this state and legally adopted during
293-21 the person's minority under the laws of another state or country.
293-22 (3) "Adoption" means the act of creating the legal
293-23 relationship of parent and child between a person and a child who
293-24 is not the biological child of that person. The term does not
293-25 include the act of establishing the legal relationship of parent
293-26 and child between a man and a child through proof of paternity or
293-27 voluntary legitimation proceedings or the adoption of an adult.
294-1 (4) "Adoption agency" means a person, other than a
294-2 natural parent or guardian of a child, who plans for the placement
294-3 of or places a child in the home of a prospective adoptive parent.
294-4 (5) "Adoptive parent" means an adult who is a parent
294-5 of an adoptee through a legal process of adoption.
294-6 (6) "Alleged father" means a man who is not deemed by
294-7 law to be or who has not been adjudicated to be the biological
294-8 father of an adoptee and who claims or is alleged to be the
294-9 adoptee's biological father.
294-10 (7) "Authorized agency" means a public social service
294-11 agency authorized to place children for adoption or any other
294-12 person approved for that purpose by the department. The term
294-13 includes a licensed or unlicensed private adoption agency that has
294-14 ceased operations as an adoption agency and has transferred its
294-15 adoption records to an agency authorized by the department to place
294-16 children for adoption and a licensed or unlicensed adoption agency
294-17 that has been acquired by, merged with, or otherwise succeeded by
294-18 an agency authorized by the department to place children for
294-19 adoption.
294-20 (8) "Biological parent" means a man or woman who is
294-21 the father or mother of genetic origin of a child.
294-22 (9) "Biological siblings" means siblings who share a
294-23 common birth parent.
294-24 (10) "Birth parent" means:
294-25 (A) the biological mother of an adoptee;
294-26 (B) the man adjudicated or presumed under
294-27 Chapter 151 to be the biological father of an adoptee; and
295-1 (C) a man who has signed a consent to adoption,
295-2 affidavit of relinquishment, affidavit of waiver of interest in
295-3 child, or other written instrument releasing the adoptee for
295-4 adoption, unless the consent, affidavit, or other instrument
295-5 includes a sworn refusal to admit or a denial of paternity. The
295-6 term includes a birth mother and birth father but does not include
295-7 a person adjudicated by a court of competent jurisdiction as not
295-8 being the biological parent of an adoptee.
295-9 (11) "Central registry" means the mutual consent
295-10 voluntary adoption registry established and maintained by the
295-11 department under this subchapter.
295-12 (12) "Department" means the Department of Protective
295-13 and Regulatory Services.
295-14 (13) "Registry" means a mutual consent voluntary
295-15 adoption registry established under this subchapter.
295-16 (14) "Siblings" means two or more persons who share a
295-17 common birth or adoptive parent.
295-18 Sec. 162.403. ESTABLISHMENT OF VOLUNTARY ADOPTION
295-19 REGISTRIES. (a) The department shall establish and maintain a
295-20 mutual consent voluntary adoption registry.
295-21 (b) Except as provided by Subsection (c), an agency
295-22 authorized by the department to place children for adoption and an
295-23 association comprised exclusively of those agencies may establish a
295-24 mutual consent voluntary adoption registry. An agency may contract
295-25 with any other agency authorized by the department to place
295-26 children for adoption or with an association comprised exclusively
295-27 of those agencies to perform registry services on its behalf.
296-1 (c) An authorized agency that did not directly or by
296-2 contract provide registry services as required by this subchapter
296-3 on January 1, 1984, may not provide its own registry service. The
296-4 department shall operate through the central registry those
296-5 services for agencies not permitted to provide a registry under
296-6 this section.
296-7 Sec. 162.404. ADMINISTRATION. (a) Each registry shall be
296-8 directed by a registry administrator. The administrator of a
296-9 registry established by an authorized agency may be a person other
296-10 than the administrator of that agency.
296-11 (b) The administrator may delegate to deputy administrators
296-12 and staff the duties established by this subchapter.
296-13 Sec. 162.405. CENTRAL INDEX. (a) The administrator of the
296-14 central registry shall compile a central index through which
296-15 adoptees and birth parents may identify the appropriate registry
296-16 through which to register.
296-17 (b) The clerk of the court in which an adoption is granted
296-18 shall, on or before the 10th day of the first month after the month
296-19 in which the adoption is granted, transmit to the administrator of
296-20 the central registry a report of adoption with respect to each
296-21 adoption granted. The report must include the following
296-22 information:
296-23 (1) the name of the adopted child after adoption as
296-24 shown in the final adoption decree;
296-25 (2) the birth date of the adopted child;
296-26 (3) the docket number of the adoption suit;
296-27 (4) the identity of the court granting the adoption;
297-1 (5) the date of the final adoption decree;
297-2 (6) the name and address of each parent, guardian,
297-3 managing conservator, or other person whose consent to adoption was
297-4 required or waived under Section 162.010 or whose parental rights
297-5 were terminated in the adoption suit;
297-6 (7) the identity of the authorized agency, if any,
297-7 through which the adopted child was placed for adoption; and
297-8 (8) the identity, address, and telephone number of the
297-9 registry through which the adopted child may register as an
297-10 adoptee.
297-11 (c) An authorized agency may file with the administrator of
297-12 the central registry a report of adoption with respect to any
297-13 person adopted during the person's minority before January 1, 1984.
297-14 The report may include:
297-15 (1) the name of the adopted child after adoption as
297-16 shown in the final adoption decree;
297-17 (2) the birth date of the adopted child;
297-18 (3) the docket number of the adoption suit;
297-19 (4) the identity of the court granting the adoption;
297-20 (5) the date of the final adoption decree;
297-21 (6) the identity of the agency, if any, through which
297-22 the adopted child was placed; and
297-23 (7) the identity, address, and telephone number of the
297-24 registry through which the adopted child may register as an
297-25 adoptee.
297-26 (d) On receiving an inquiry by an adoptee who has provided
297-27 satisfactory proof of age and identity and paid all required
298-1 inquiry fees, the administrator of the central registry shall
298-2 review the information on file in the central index. If the index
298-3 reveals that the adoptee was not placed for adoption through an
298-4 authorized agency, the administrator of the central registry shall
298-5 issue the adoptee an official certificate stating that the adoptee
298-6 is entitled to apply for registration through the central registry.
298-7 If the index identifies an authorized agency through which the
298-8 adoptee was placed for adoption, the administrator of the central
298-9 registry shall determine the identity of the registry through which
298-10 the adoptee may register. If the administrator of the central
298-11 registry cannot determine from the index whether the adoptee was
298-12 placed for adoption through an authorized agency, the administrator
298-13 of the central registry shall determine the identity of the
298-14 registry with which the adoptee may register.
298-15 (e) Each administrator shall, not later than the 30th day
298-16 after the date of receiving an inquiry from the administrator of
298-17 the central registry, respond in writing to the inquiry that the
298-18 registrant was not placed for adoption by an agency served by that
298-19 registry or that the registrant was placed for adoption by an
298-20 agency served by that registry. If the registrant was placed for
298-21 adoption by an agency served by the registry, the administrator
298-22 shall file a report with the administrator of the central registry
298-23 including the information described by Subsections (c)(1)-(6).
298-24 (f) After completing the investigation, the administrator of
298-25 the central registry shall issue an official certificate stating:
298-26 (1) the identity of the registry through which the
298-27 adoptee may apply for registration, if known; or
299-1 (2) if the administrator cannot make a conclusive
299-2 determination, that the adoptee is entitled to apply for
299-3 registration through the central registry and is entitled to apply
299-4 for registration through other registries created under this
299-5 subchapter.
299-6 (g) On receiving an inquiry by a birth parent who has
299-7 provided satisfactory proof of identity and age and paid all
299-8 required inquiry fees, the administrator of the central registry
299-9 shall review the information on file in the central index and
299-10 consult with the administrators of other registries in the state in
299-11 order to determine the identity of the appropriate registry or
299-12 registries through which the birth parent may register. Each
299-13 administrator shall, not later than the 30th day after the date of
299-14 receiving an inquiry from the administrator of the central
299-15 registry, respond in writing to the inquiry. After completing the
299-16 investigation, the administrator of the central registry shall
299-17 provide the birth parent with a written statement either
299-18 identifying the name, address, and telephone number of each
299-19 registry through which registration would be appropriate or stating
299-20 that after diligent inquiry the administrator cannot determine the
299-21 specific registry or registries through which registration would be
299-22 appropriate.
299-23 Sec. 162.406. REGISTRATION ELIGIBILITY. (a) An adoptee may
299-24 apply to a registry for information about the adoptee's birth
299-25 parents.
299-26 (b) A birth parent who is 21 years of age or older may apply
299-27 to a registry for information about an adoptee who is a child by
300-1 birth of the birth parent.
300-2 (c) An alleged father who acknowledges paternity but is not,
300-3 at the time of application, a birth father may register as a birth
300-4 father but may not otherwise be recognized as a birth father for
300-5 the purposes of this subchapter unless:
300-6 (1) the adoptee's birth mother in her application
300-7 identifies him as the adoptee's biological father; and
300-8 (2) additional information concerning the adoptee
300-9 obtained from other sources is not inconsistent with his claim of
300-10 paternity.
300-11 (d) A biological sibling who is 21 years of age or older may
300-12 apply to the central registry for information about the person's
300-13 biological siblings. The application must be independent of any
300-14 application submitted by a biological sibling as an adoptee for
300-15 information about the person's birth parents.
300-16 (e) Only birth parents, adoptees, and biological siblings
300-17 may apply for information through a registry.
300-18 (f) A person, including an authorized agency, may not apply
300-19 for information through a registry as an agent, attorney, or
300-20 representative of an adoptee, birth parent, or biological sibling.
300-21 Sec. 162.407. REGISTRATION APPLICATIONS. (a) The
300-22 administrator shall require each registration applicant to sign a
300-23 written, verified application.
300-24 (b) An adoptee adopted through an authorized agency must
300-25 register through the registry maintained by that agency or the
300-26 registry to which the agency has delegated registry services. An
300-27 adoptee adopted through an authorized agency may not register
301-1 through any other registry unless the agency through which the
301-2 adoptee was adopted or the successor of the agency does not
301-3 maintain a registry, directly or by delegation to another agency,
301-4 in which case the adoptee may register through the registry
301-5 maintained by the department.
301-6 (c) Birth parents may register through one or more
301-7 registries.
301-8 (d) Biological siblings registering as biological siblings
301-9 may register through the central registry only.
301-10 (e) An application must contain:
301-11 (1) the name, address, and telephone number of the
301-12 applicant;
301-13 (2) all other names and aliases by which the applicant
301-14 has been known;
301-15 (3) the applicant's name, age, date of birth, and
301-16 place of birth;
301-17 (4) the original name of the adoptee, if known;
301-18 (5) the adoptive name of the adoptee, if known;
301-19 (6) a statement that the applicant is willing to allow
301-20 the applicant's identity to be disclosed to those registrants
301-21 eligible to learn the applicant's identity;
301-22 (7) the name, address, and telephone number of the
301-23 agency or other entity, organization, or person placing the adoptee
301-24 for adoption, if known, or, if not known, a statement that the
301-25 applicant does not know that information;
301-26 (8) an authorization to the administrator and the
301-27 administrator's delegates to inspect all vital statistics records,
302-1 court records, and agency records, including confidential records,
302-2 relating to the birth, adoption, marriage, and divorce of the
302-3 applicant or to the birth and death of any child or sibling by
302-4 birth or adoption of the applicant;
302-5 (9) the specific address to which the applicant wishes
302-6 notice of a successful match to be mailed;
302-7 (10) a statement that the applicant either does or
302-8 does not consent to disclosure of identifying information about the
302-9 applicant after the applicant's death;
302-10 (11) a statement that the registration is to be
302-11 effective for 99 years or for a stated shorter period selected by
302-12 the applicant; and
302-13 (12) a statement that the adoptee applicant either
302-14 does or does not desire to be informed that registry records
302-15 indicate that the applicant has a biological sibling who has
302-16 registered under this subchapter.
302-17 (f) The application may contain the applicant's social
302-18 security number if the applicant, after being advised of the right
302-19 not to supply that number, voluntarily furnishes it.
302-20 (g) The application of an adoptee must include the names and
302-21 birth dates of all children younger than 21 years of age in the
302-22 applicant's adoptive family.
302-23 (h) The application of a birth mother must include the
302-24 following information:
302-25 (1) the original name and date of birth or approximate
302-26 date of birth of each adoptee with respect to whom she is
302-27 registering;
303-1 (2) each name known or thought by the applicant to
303-2 have been used by the adoptee's birth father;
303-3 (3) the last known address of the adoptee's birth
303-4 father; and
303-5 (4) other available information through which the
303-6 birth father may be identified.
303-7 (i) The application of the birth father must include the
303-8 following information:
303-9 (1) the original name and date of birth or approximate
303-10 date of birth of each adoptee with respect to whom he is
303-11 registering;
303-12 (2) each name, including the maiden name, known or
303-13 thought by the applicant to have been used by the adoptee's birth
303-14 mother;
303-15 (3) the last known address of the adoptee's birth
303-16 mother; and
303-17 (4) other available information through which the
303-18 birth mother may be identified.
303-19 (j) The application of a biological sibling must include:
303-20 (1) a statement explaining the applicant's basis for
303-21 believing that the applicant has one or more biological siblings;
303-22 (2) the names of all the applicant's siblings by birth
303-23 and adoption and their dates and places of birth, if known;
303-24 (3) the names of the applicant's legal parents;
303-25 (4) the names of the applicant's birth parents, if
303-26 known; and
303-27 (5) any other information known to the applicant
304-1 through which the existence and identity of the applicant's
304-2 biological siblings can be confirmed.
304-3 (k) An application may also contain additional information
304-4 through which the applicant's identity and eligibility to register
304-5 may be ascertained.
304-6 (l) The administrator shall assist the applicant in filling
304-7 out the application if the applicant is unable to complete the
304-8 application without assistance, but the administrator may not
304-9 furnish the applicant with any substantive information necessary to
304-10 complete the application.
304-11 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
304-12 standards of the department must provide for proof of identity in
304-13 order to facilitate the purposes of this subchapter and to protect
304-14 the privacy rights of adoptees, adoptive parents, birth parents,
304-15 biological siblings, and their families.
304-16 Sec. 162.409. REGISTRATION. (a) The administrator may not
304-17 accept an application for registration unless:
304-18 (1) the applicant provides proof of identity in
304-19 accordance with Section 162.408;
304-20 (2) the applicant establishes the applicant's
304-21 eligibility to register;
304-22 (3) the administrator has determined that the
304-23 applicant is not required to register with another registry;
304-24 (4) the applicant pays all required registration fees;
304-25 and
304-26 (5) the counseling required under Section 162.413 has
304-27 been completed.
305-1 (b) Unless withdrawn earlier, a registration remains in
305-2 effect from the date of acceptance for 99 years or for a shorter
305-3 period specified by the registrant in the application.
305-4 (c) A registrant may withdraw the registrant's registration
305-5 without charge at any time.
305-6 (d) After withdrawal or expiration of the registration, the
305-7 registrant shall be treated as if the registrant had never
305-8 registered.
305-9 Sec. 162.410. REJECTED APPLICATIONS. (a) Registry
305-10 applications shall be accepted or rejected not later than the 45th
305-11 day after the date the application is filed.
305-12 (b) If an application is rejected, the administrator shall
305-13 provide the applicant with a written statement of the reasons for
305-14 rejection.
305-15 (c) If the basis for rejecting an application is that the
305-16 applicant is required to register through another registry, the
305-17 registry administrator shall identify the registry through which
305-18 the applicant is required to apply, if known.
305-19 Sec. 162.411. FEES. (a) The costs of establishing,
305-20 operating, and maintaining a registry may be recovered in whole or
305-21 in part through users' fees charged to applicants and registrants.
305-22 (b) Each registry shall establish a schedule of fees for
305-23 services provided to users of the registry. The fees shall be
305-24 reasonably related to the direct and indirect costs of
305-25 establishing, operating, and maintaining the registry.
305-26 (c) The department shall collect from each registrant a
305-27 registration fee of $15.
306-1 (d) A fee may not be charged for withdrawing a registration.
306-2 (e) The fees collected by the department shall be deposited
306-3 in a special fund in the general revenue fund. Funds in the
306-4 special fund may be appropriated only for the administration of the
306-5 central registry. Sections 403.094 and 403.095, Government Code,
306-6 do not apply to the special fund for the administration of the
306-7 central registry.
306-8 (f) The administrator may waive users' fees in whole or in
306-9 part if the applicant provides satisfactory proof of financial
306-10 inability to pay the fees.
306-11 Sec. 162.412. SUPPLEMENTAL INFORMATION. (a) A registrant
306-12 may amend the registrant's registration and submit additional
306-13 information to the administrator. A registrant shall notify the
306-14 administrator of any change in the registrant's name or address
306-15 that occurs after acceptance of the application.
306-16 (b) The administrator does not have a duty to search for a
306-17 registrant who fails to register a change of name or address.
306-18 Sec. 162.413. COUNSELING. (a) The applicant must
306-19 participate in counseling for not less than one hour with a social
306-20 worker or mental health professional with expertise in postadoption
306-21 counseling before the administrator may accept the applicant's
306-22 application for registration. The social worker or mental health
306-23 professional must be employed or designated by the department or
306-24 the agency operating the registry.
306-25 (b) If the applicant is unwilling or unable to counsel with
306-26 a social worker or mental health professional employed by the
306-27 department or agency operating the registry, the applicant may
307-1 arrange for counseling at the applicant's expense with any social
307-2 worker or mental health professional mutually agreeable to the
307-3 applicant and the registry administrator at a location reasonably
307-4 accessible to the applicant.
307-5 (c) Counseling fees charged by the department or agency
307-6 operating a registry shall be stated in the schedule of fees
307-7 required under Section 162.411.
307-8 (d) The social worker or mental health professional with
307-9 whom the applicant has counseled shall furnish the applicant and
307-10 the administrator with a written certification that the required
307-11 counseling has been completed.
307-12 Sec. 162.414. MATCHING PROCEDURES. (a) The administrator
307-13 shall process each registration in an attempt to match the adoptee
307-14 and the adoptee's birth parents or a biological sibling and the
307-15 sibling's biological siblings.
307-16 (b) The administrator shall determine that there is a match
307-17 if the adult adoptee, the birth mother, and the birth father have
307-18 each registered or if any two biological siblings have registered.
307-19 A match may not be made until the youngest living adoptive sibling
307-20 of an adoptee who shares a common birth parent with the adoptee is
307-21 21 years of age or older.
307-22 (c) To establish or corroborate a match, the administrator
307-23 shall request confirmation of a possible match from each vital
307-24 statistics bureau that has possession of the adoptee's or
307-25 biological siblings' original birth records. If the department or
307-26 agency operating the registry has in its own records sufficient
307-27 information through which the match may be confirmed, the
308-1 administrator may, but is not required to, request confirmation
308-2 from a vital statistics bureau. A vital statistics bureau may
308-3 confirm or deny the match without breaching the duty of
308-4 confidentiality to the adoptee, adoptive parents, birth parents, or
308-5 biological siblings and without a court order.
308-6 (d) To establish or corroborate a match, the administrator
308-7 may also request confirmation of a possible match from the agency,
308-8 if any, that has possession of records concerning the adoption of
308-9 an adoptee or from the court that granted the adoption, the
308-10 hospital where the adoptee or any biological sibling was born, the
308-11 physician who delivered the adoptee or biological sibling, or any
308-12 other person who has knowledge of the relevant facts. The agency,
308-13 court, hospital, physician, or person with knowledge may confirm or
308-14 deny the match without breaching any duty of confidentiality to the
308-15 adoptee, adoptive parents, birth parents, or biological siblings.
308-16 (e) If a match is denied by a source contacted under
308-17 Subsection (d), the administrator shall make a full and complete
308-18 investigation into the reliability of the denial. If the match is
308-19 corroborated by other reliable sources and the administrator is
308-20 satisfied that the denial is erroneous, the administrator may make
308-21 disclosures but shall report to the adoptee, birth parents, and
308-22 biological siblings involved that the match was not confirmed by
308-23 all information sources.
308-24 Sec. 162.415. PARTIAL MATCH. (a) If the administrator
308-25 determines that an adoptee and either of the adoptee's birth
308-26 parents have registered, disclosures may only be made without the
308-27 registration of the other birth parent if:
309-1 (1) the birth parent who did not register defaulted in
309-2 the suit in which the parent-child relationship between the birth
309-3 parent and the adoptee was terminated or declared nonexistent after
309-4 having been served with citation in person, by publication, or by
309-5 other substituted service;
309-6 (2) the adoptee and the birth mother of the adoptee
309-7 have registered and each alleged father of the adoptee has died
309-8 without establishing his paternity or failed to establish his
309-9 paternity after being served with citation in person, by
309-10 publication, or by substituted service in a suit affecting the
309-11 parent-child relationship with respect to the adoptee;
309-12 (3) the adoptee and the birth mother of the adoptee
309-13 have registered and there is no man who is a birth parent of the
309-14 adoptee;
309-15 (4) the birth mother submits or the administrator
309-16 obtains from a court of competent jurisdiction in the state where
309-17 the adoptee's original birth certificate is filed a copy of a
309-18 judgment declaring that the identity of the adoptee's biological
309-19 father is unknown; or
309-20 (5) the administrator verifies that no living man was
309-21 identified and given notice in a preadoption legal proceeding of
309-22 his status as the adoptee's biological father and that before
309-23 January 1, 1974, either the parent-child relationship between the
309-24 adoptee and the adoptee's birth mother was terminated or the
309-25 adoptee was adopted.
309-26 (b) After the requirements of Subsection (a) are satisfied,
309-27 the administrator shall notify the affected registrants of the
310-1 match.
310-2 Sec. 162.416. NOTIFICATION OF MATCH. (a) When a match has
310-3 been made and confirmed to the administrator's satisfaction, the
310-4 administrator shall mail to each registrant, at the registrant's
310-5 last known address, by registered or certified mail, return receipt
310-6 requested, delivery restricted to addressee only, a written notice:
310-7 (1) informing the registrant that a match has been
310-8 made and confirmed;
310-9 (2) reminding the registrant that the registrant may
310-10 withdraw the registration before disclosures are made, if desired,
310-11 and that identifying information about the registrant may be
310-12 released after the 30th day after the date the notice was received
310-13 in the event the registrant fails to withdraw the registration;
310-14 (3) notifying the registrant that before any
310-15 identifying disclosures are made, the registrant must sign a
310-16 written postmatch consent to disclosure acknowledging that the
310-17 registrant desires that disclosures be made; and
310-18 (4) advising the registrant that additional counseling
310-19 services are available.
310-20 (b) Identifying information about a registrant shall be
310-21 released without the registrant's having consented after the match
310-22 to disclosure if:
310-23 (1) the registrant fails to withdraw the registrant's
310-24 registration before the 30th day after the date the notification of
310-25 a match was received;
310-26 (2) there is no proof that the notification of match
310-27 was received by the registrant before the 45th day after the date
311-1 the notification of match was mailed to the registrant and the
311-2 administrator, after making an inquiry to the vital statistics
311-3 bureau of this state and of the state of the registrant's last
311-4 known address, has not before the 90th day after the date the
311-5 notification of match was mailed obtained satisfactory proof of the
311-6 registrant's death; or
311-7 (3) the registrant is dead, the registrant's
311-8 registration was valid at the time of death, and the registrant had
311-9 in writing specifically authorized the postdeath disclosure in the
311-10 registrant's application or in a supplemental statement filed with
311-11 the administrator.
311-12 (c) Identifying information about a deceased birth parent
311-13 may not be released until each surviving child of the deceased
311-14 birth parent is an adult unless the child's surviving parent,
311-15 guardian, managing conservator, or legal custodian consents in
311-16 writing to the disclosure.
311-17 (d) The administrator shall release identifying information
311-18 to registrants about each other if the registrants complied with
311-19 this section and, before the 60th day after the date notification
311-20 of match was mailed, the remaining registrant or registrants have
311-21 not withdrawn their registrations.
311-22 Sec. 162.417. MANNER OF DISCLOSURE. (a) The administrator
311-23 shall prepare disclosure statements and schedule disclosure
311-24 conferences with the registrants entitled to disclosure under
311-25 Section 162.416.
311-26 (b) Except as provided by Subsection (d), identifying
311-27 information may not be disclosed in any manner other than in a
312-1 face-to-face conference attended in person by the registrant
312-2 entitled to receive the information and a representative of the
312-3 registry or the agency through which the adoptee was adopted.
312-4 (c) At a conference, the registrant shall be furnished with
312-5 a written disclosure statement including the name, address, and
312-6 telephone number of the registrants about whom identifying
312-7 information may be disclosed.
312-8 (d) If it would be unduly difficult for a registrant to
312-9 attend a disclosure conference in person, the administrator shall,
312-10 at the request of the registrant and with the written permission of
312-11 the other registrants, waive the requirement of a face-to-face
312-12 conference and mail the disclosure statement by registered or
312-13 certified mail, return receipt requested, delivery restricted to
312-14 addressee only, to the address specified by the registrant.
312-15 (e) The registrant shall sign a written statement
312-16 acknowledging receipt of the disclosure statement.
312-17 Sec. 162.418. IMPOSSIBILITY OF DISCLOSURE. (a) If the
312-18 administrator establishes that a match cannot be made because of
312-19 the death of an adoptee, birth parent, or biological sibling, the
312-20 administrator shall promptly notify the affected registrants.
312-21 (b) The administrator shall disclose the reason that a match
312-22 cannot be made and may disclose nonidentifying information
312-23 concerning the circumstances of death, if appropriate.
312-24 Sec. 162.419. REGISTRY RECORDS CONFIDENTIAL. (a) All
312-25 applications, registrations, records, and other information
312-26 submitted to, obtained by, or otherwise acquired by a registry are
312-27 confidential and may not be disclosed to any person or entity
313-1 except in the manner authorized by this subchapter.
313-2 (b) Information acquired by a registry may not be disclosed
313-3 under freedom of information or sunshine legislation, rules, or
313-4 practice.
313-5 (c) A person may not file or prosecute a class action
313-6 litigation to force a registry to disclose identifying information.
313-7 Sec. 162.420. RULEMAKING. (a) The department shall make
313-8 rules and adopt minimum standards to:
313-9 (1) administer the provisions of this subchapter; and
313-10 (2) ensure that each registry respects the right to
313-11 privacy and confidentiality of an adoptee, birth parent, and
313-12 biological sibling who does not desire to disclose the person's
313-13 identity.
313-14 (b) The department shall conduct a comprehensive review of
313-15 all of its rules and standards under this subchapter not less than
313-16 every six years.
313-17 (c) In order to provide the administrators an opportunity to
313-18 review proposed rules and standards and send written suggestions to
313-19 the department, the department shall, before adopting rules and
313-20 minimum standards, send a copy of the proposed rules and standards
313-21 not less than 60 days before the date they take effect to:
313-22 (1) the administrator of each registry established
313-23 under this subchapter; and
313-24 (2) the administrator of each agency authorized by the
313-25 department to place children for adoption.
313-26 Sec. 162.421. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) An
313-27 administrator, employee, or agent of the department may not
314-1 initiate contact with an adult adoptee, birth parent, or biological
314-2 sibling, directly or indirectly, for the purpose of requesting or
314-3 suggesting that the adoptee, birth parent, or biological sibling
314-4 place the person's name in a registry. This subsection does not
314-5 prevent the department from making known to the public, by
314-6 appropriate means, the existence of registries.
314-7 (b) Information received by or in connection with the
314-8 operation of a registry may not be stored in a data bank used for
314-9 any purpose other than operation of the registry or be processed
314-10 through data processing equipment accessible to any person not
314-11 employed by the registry.
314-12 (c) A person commits an offense if the person knowingly or
314-13 recklessly discloses information from a registry application,
314-14 registration, record, or other information submitted to, obtained
314-15 by, or otherwise acquired by a registry in violation of this
314-16 subchapter. This subsection may not be construed to penalize the
314-17 disclosure of information from adoption agency records. An offense
314-18 under this subsection is a felony of the second degree.
314-19 (d) A person commits an offense if the person with criminal
314-20 negligence causes or permits the disclosure of information from a
314-21 registry application, registration, record, or other information
314-22 submitted to, obtained by, or otherwise acquired by a registry in
314-23 violation of this subchapter. This subsection may not be construed
314-24 to penalize the disclosure of information from adoption agency
314-25 records. An offense under this subsection is a Class A
314-26 misdemeanor.
314-27 (e) A person commits an offense if the person impersonates
315-1 an adoptee, birth parent, or biological sibling with the intent to
315-2 secure confidential information from a registry established under
315-3 this subchapter. An offense under this subsection is a felony of
315-4 the second degree.
315-5 (f) A person commits an offense if the person impersonates
315-6 an administrator, agent, or employee of a registry with the intent
315-7 to secure confidential information from a registry established
315-8 under this subchapter. An offense under this subsection is a
315-9 felony of the second degree.
315-10 (g) A person commits an offense if the person, with intent
315-11 to deceive and with knowledge of the statement's meaning, makes a
315-12 false statement under oath in connection with the operation of a
315-13 registry. An offense under this subsection is a felony of the
315-14 third degree.
315-15 Sec. 162.422. IMMUNITY FROM LIABILITY. (a) The department
315-16 or authorized agency establishing or operating a registry is not
315-17 liable to any person for obtaining or disclosing identifying
315-18 information about a birth parent, adoptee, or biological sibling
315-19 within the scope of this subchapter and under its provisions.
315-20 (b) An employee or agent of the department or of an
315-21 authorized agency establishing or operating a registry under this
315-22 subchapter is not liable to any person for obtaining or disclosing
315-23 identifying information about a birth parent, adoptee, or
315-24 biological sibling within the scope of this subchapter and under
315-25 its provisions.
315-26 (c) A person or entity furnishing information to the
315-27 administrator or an employee or agent of a registry is not liable
316-1 to any person for disclosing information about a birth parent,
316-2 adoptee, or biological sibling within the scope of this subchapter
316-3 and under its provisions.
316-4 (d) A person or entity is not immune from liability for
316-5 performing an act prohibited by Section 162.421.
316-6 (Sections 162.423-162.500 reserved for expansion)
316-7 SUBCHAPTER F. ADOPTION OF AN ADULT
316-8 Sec. 162.501. ADOPTION OF ADULT. The court may grant the
316-9 petition of an adult residing in this state to adopt another adult
316-10 according to this subchapter.
316-11 Sec. 162.502. JURISDICTION. The petitioner shall file a
316-12 suit to adopt an adult in the district court or a statutory county
316-13 court granted jurisdiction in family law cases and proceedings by
316-14 Chapter 25, Government Code, in the county of the petitioner's
316-15 residence.
316-16 Sec. 162.503. REQUIREMENTS OF PETITION. (a) A petition to
316-17 adopt an adult shall be entitled "In the Interest of __________, An
316-18 Adult."
316-19 (b) If the petitioner is married, both spouses must join in
316-20 the petition for adoption.
316-21 Sec. 162.504. CONSENT. A court may not grant an adoption
316-22 unless the adult consents in writing to be adopted by the
316-23 petitioner.
316-24 Sec. 162.505. ATTENDANCE REQUIRED. The petitioner and the
316-25 adult to be adopted must attend the hearing. For good cause shown,
316-26 the court may waive this requirement, by written order, if the
316-27 petitioner or adult to be adopted is unable to attend.
317-1 Sec. 162.506. ADOPTION ORDER. The court shall grant the
317-2 adoption if the court finds that the requirements for adoption of
317-3 an adult are met.
317-4 Sec. 162.507. EFFECT OF ADOPTION. (a) The adopted adult is
317-5 the son or daughter of the adoptive parents for all purposes.
317-6 (b) The adopted adult is entitled to inherit from and
317-7 through the adopted adult's adoptive parents as though the adopted
317-8 adult were the biological child of the adoptive parents.
317-9 (c) The adopted adult retains the right to inherit from the
317-10 adult's biological parents. However, a biological parent may not
317-11 inherit from or through an adopted adult.
317-12 (Chapters 163-200 reserved for expansion)
317-13 SUBTITLE C. JUDICIAL RESOURCES AND SERVICES
317-14 CHAPTER 201. ASSOCIATE JUDGE; CHILD SUPPORT MASTER
317-15 SUBCHAPTER A. ASSOCIATE JUDGE
317-16 Sec. 201.001. APPOINTMENT. (a) A judge of a court having
317-17 jurisdiction of a suit under this title or Title 1 or 4 may appoint
317-18 a full-time or part-time associate judge to perform the duties
317-19 authorized by this chapter if the commissioners court of a county
317-20 in which the court has jurisdiction authorizes the employment of an
317-21 associate judge.
317-22 (b) If a court has jurisdiction in more than one county, an
317-23 associate judge appointed by that court may serve only in a county
317-24 in which the commissioners court has authorized the associate
317-25 judge's appointment.
317-26 (c) If more than one court in a county has jurisdiction of a
317-27 suit under this title or Title 1 or 4 the commissioners court may
318-1 authorize the appointment of an associate judge for each court or
318-2 may authorize one or more associate judges to share service with
318-3 two or more courts.
318-4 (d) If an associate judge serves more than one court, the
318-5 associate judge's appointment must be made with the unanimous
318-6 approval of all the judges under whom the associate judge serves.
318-7 (e) This section does not apply to a master appointed under
318-8 Subchapter B.
318-9 Sec. 201.002. QUALIFICATIONS. To be eligible for
318-10 appointment as an associate judge, a person must meet the
318-11 requirements and qualifications to serve as a judge of the court or
318-12 courts for which the associate judge is appointed.
318-13 Sec. 201.003. COMPENSATION. (a) An associate judge shall
318-14 be paid a salary determined by the commissioners court of the
318-15 county in which the associate judge serves.
318-16 (b) If an associate judge serves in more than one county,
318-17 the associate judge shall be paid a salary as determined by
318-18 agreement of the commissioners courts of the counties in which the
318-19 associate judge serves.
318-20 (c) The associate judge's salary is paid from the county
318-21 fund available for payment of officers' salaries.
318-22 (d) This section does not apply to a master appointed under
318-23 Subchapter B.
318-24 Sec. 201.004. TERMINATION OF ASSOCIATE JUDGE. (a) An
318-25 associate judge who serves a single court serves at the will of the
318-26 judge of that court.
318-27 (b) The employment of an associate judge who serves more
319-1 than two courts may only be terminated by a majority vote of all
319-2 the judges of the courts which the associate judge serves.
319-3 (c) The employment of an associate judge who serves two
319-4 courts may be terminated by either of the judges of the courts
319-5 which the associate judge serves.
319-6 (d) This section does not apply to a master appointed under
319-7 Subchapter B.
319-8 Sec. 201.005. CASES THAT MAY BE REFERRED. (a) Except as
319-9 provided by this section, a judge of a court may refer to an
319-10 associate judge any aspect of a suit over which the court has
319-11 jurisdiction under this title or Title 1 or 4 including any matter
319-12 ancillary to the suit.
319-13 (b) Unless a party files a written objection to the
319-14 associate judge hearing a trial on the merits, the judge may refer
319-15 the trial to the associate judge. A trial on the merits is any
319-16 final adjudication from which an appeal may be taken to a court of
319-17 appeals.
319-18 (c) A party must file an objection to an associate judge
319-19 hearing a trial on the merits not later than the 10th day after the
319-20 date the party receives notice that the associate judge will hear
319-21 the trial. If an objection is filed, the referring court shall
319-22 hear the trial on the merits.
319-23 (d) Unless all parties consent in writing to an associate
319-24 judge hearing a contested trial on the merits to terminate parental
319-25 rights, the court may not refer the trial to the associate judge.
319-26 If the parties do not consent in writing to the associate judge
319-27 conducting the trial on the merits to terminate parental rights,
320-1 any order terminating parental rights rendered under an associate
320-2 judge's report is void.
320-3 (e) If a jury trial is demanded and a jury fee paid in a
320-4 trial on the merits, the associate judge shall refer any matters
320-5 requiring a jury back to the referring court for a trial before the
320-6 referring court and jury.
320-7 Sec. 201.006. ORDER OF REFERRAL. (a) In referring a case
320-8 to an associate judge, the judge of the referring court shall
320-9 render:
320-10 (1) an individual order of referral; or
320-11 (2) a general order of referral specifying the class
320-12 and type of cases to be heard by the associate judge.
320-13 (b) The order of referral may limit the power or duties of
320-14 an associate judge.
320-15 Sec. 201.007. POWERS OF ASSOCIATE JUDGE. Except as limited
320-16 by an order of referral, an associate judge may:
320-17 (1) conduct a hearing;
320-18 (2) hear evidence;
320-19 (3) compel production of relevant evidence;
320-20 (4) rule on the admissibility of evidence;
320-21 (5) issue a summons for the appearance of witnesses;
320-22 (6) examine a witness;
320-23 (7) swear a witness for a hearing;
320-24 (8) make findings of fact on evidence;
320-25 (9) formulate conclusions of law;
320-26 (10) recommend an order to be rendered in a case;
320-27 (11) regulate all proceedings in a hearing before the
321-1 associate judge; and
321-2 (12) take action as necessary and proper for the
321-3 efficient performance of the associate judge's duties.
321-4 Sec. 201.008. ATTENDANCE OF BAILIFF. A bailiff may attend a
321-5 hearing by an associate judge if directed by the referring court.
321-6 Sec. 201.009. COURT REPORTER. (a) A court reporter is not
321-7 required during a hearing held by an associate judge appointed
321-8 under this chapter.
321-9 (b) A party, the associate judge, or the referring court may
321-10 provide for a reporter during the hearing.
321-11 (c) The record may be preserved by any other means approved
321-12 by the associate judge.
321-13 (d) The referring court or associate judge may tax the
321-14 expense of preserving the record as costs.
321-15 Sec. 201.010. WITNESS. (a) A witness appearing before an
321-16 associate judge is subject to the penalties for perjury provided by
321-17 law.
321-18 (b) A referring court may fine or imprison a witness who:
321-19 (1) failed to appear before an associate judge after
321-20 being summoned; or
321-21 (2) improperly refused to answer questions if the
321-22 refusal has been certified to the court by the associate judge.
321-23 Sec. 201.011. REPORT. (a) The associate judge's report may
321-24 contain the associate judge's findings, conclusions, or
321-25 recommendations. The associate judge's report must be in writing
321-26 in the form directed by the referring court. The form may be a
321-27 notation on the referring court's docket sheet.
322-1 (b) After a hearing, the associate judge shall provide the
322-2 parties participating in the hearing notice of the substance of the
322-3 associate judge's report.
322-4 (c) Notice may be given to the parties:
322-5 (1) in open court, by an oral statement or a copy of
322-6 the associate judge's written report; or
322-7 (2) by certified mail, return receipt requested.
322-8 (d) The associate judge shall certify the date of mailing of
322-9 notice by certified mail. Notice is considered given on the third
322-10 day after the date of mailing.
322-11 (e) After a hearing conducted by an associate judge, the
322-12 associate judge shall send the associate judge's signed and dated
322-13 report and all other papers relating to the case to the referring
322-14 court.
322-15 Sec. 201.012. NOTICE OF RIGHT TO APPEAL. (a) Notice of the
322-16 right of appeal to the judge of the referring court shall be given
322-17 to all parties.
322-18 (b) The notice may be given:
322-19 (1) by oral statement in open court;
322-20 (2) by posting inside or outside the courtroom of the
322-21 referring court; or
322-22 (3) as otherwise directed by the referring court.
322-23 Sec. 201.013. ORDER OF COURT. (a) Pending appeal of the
322-24 associate judge's report to the referring court, the decisions and
322-25 recommendations of the associate judge are in full force and effect
322-26 and are enforceable as an order of the referring court, except for
322-27 orders providing for incarceration or for the appointment of a
323-1 receiver.
323-2 (b) If an appeal to the referring court is not filed or the
323-3 right to an appeal to the referring court is waived, the findings
323-4 and recommendations of the associate judge become the order of the
323-5 referring court only on the referring court's signing an order
323-6 conforming to the associate judge's report.
323-7 Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
323-8 Unless a party files a written notice of appeal, the referring
323-9 court may:
323-10 (1) adopt, modify, or reject the associate judge's
323-11 report;
323-12 (2) hear further evidence; or
323-13 (3) recommit the matter to the associate judge for
323-14 further proceedings.
323-15 Sec. 201.015. APPEAL TO REFERRING COURT. (a) A party may
323-16 appeal an associate judge's report by filing notice of appeal not
323-17 later than the third day after the date the party receives notice
323-18 of the substance of the associate judge's report as provided by
323-19 Section 201.011.
323-20 (b) An appeal to the referring court must be in writing
323-21 specifying the findings and conclusions of the associate judge to
323-22 which the party objects. The appeal is limited to the specified
323-23 findings and conclusions.
323-24 (c) On appeal to the referring court, the parties may
323-25 present witnesses as in a hearing de novo on the issues raised in
323-26 the appeal.
323-27 (d) Notice of an appeal to the referring court shall be
324-1 given to the opposing attorney under Rule 21a, Texas Rules of Civil
324-2 Procedure.
324-3 (e) If an appeal to the referring court is filed by a party,
324-4 any other party may file an appeal to the referring court not later
324-5 than the seventh day after the date the initial appeal was filed.
324-6 (f) The referring court, after notice to the parties, shall
324-7 hold a hearing on all appeals not later than the 30th day after the
324-8 date on which the initial appeal was filed with the referring
324-9 court.
324-10 (g) Before the start of a hearing by an associate judge, the
324-11 parties may waive the right of appeal to the referring court in
324-12 writing or on the record.
324-13 Sec. 201.016. APPELLATE REVIEW. (a) Failure to appeal to
324-14 the referring court, by waiver or otherwise, the approval by the
324-15 referring court of an associate judge's report does not deprive a
324-16 party of the right to appeal to or request other relief from a
324-17 court of appeals or the supreme court.
324-18 (b) The date an order or judgment by the referring court is
324-19 signed is the controlling date for the purposes of appeal to or
324-20 request for other relief from a court of appeals or the supreme
324-21 court.
324-22 Sec. 201.017. IMMUNITY. An associate judge appointed under
324-23 this subchapter has the judicial immunity of a district judge. All
324-24 existing immunity granted an associate judge by law, express or
324-25 implied, continues in full force and effect.
324-26 (Sections 201.018-201.100 reserved for expansion)
324-27 SUBCHAPTER B. CHILD SUPPORT MASTER
325-1 Sec. 201.101. AUTHORITY OF PRESIDING JUDGE. (a) The
325-2 presiding judge of each administrative judicial region, after
325-3 conferring with the judges of courts in the region having
325-4 jurisdiction of Title IV-D cases, shall determine which courts
325-5 require the appointment of a full-time or part-time master to
325-6 complete each Title IV-D case within the time specified in this
325-7 subchapter.
325-8 (b) The presiding judge may limit the appointment to a
325-9 specified time period and may terminate an appointment at any time.
325-10 (c) A master appointed under this subchapter may be
325-11 appointed to serve more than one court. Two or more judges of
325-12 administrative judicial regions may jointly appoint one or more
325-13 masters to serve the regions.
325-14 (d) If the presiding judge determines that a court requires
325-15 a master, the presiding judge shall appoint a master. If a master
325-16 is appointed for a court, all Title IV-D cases shall be referred to
325-17 the master by a general order for each county issued by the judge
325-18 of the court for which the master is appointed, or, in the absence
325-19 of that order, by a general order issued by the presiding judge who
325-20 appointed the master. Referral of Title IV-D cases may not be made
325-21 for individual cases or case by case.
325-22 Sec. 201.102. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.
325-23 (a) The provisions of Subchapter A relating to the qualifications,
325-24 powers, and immunity of an associate judge apply to a master
325-25 appointed under this subchapter, except that a master:
325-26 (1) may reside anywhere within the administrative
325-27 judicial region in which the court to which the master is appointed
326-1 is located or, if a master is appointed to serve in two or more
326-2 administrative judicial regions, may reside anywhere within the
326-3 regions; and
326-4 (2) may not be designated as an associate judge.
326-5 (b) Except as provided by this subchapter, the following
326-6 provisions of Subchapter A relating to an associate judge apply to
326-7 a master appointed under this subchapter:
326-8 (1) the appearance of a party or witness before an
326-9 associate judge;
326-10 (2) the papers transmitted to the judge by the
326-11 associate judge;
326-12 (3) judicial action taken on an associate judge's
326-13 report;
326-14 (4) hearings before the judge;
326-15 (5) an appeal;
326-16 (6) the effect of the associate judge's report pending
326-17 an appeal;
326-18 (7) a jury trial;
326-19 (8) the attendance of a bailiff; and
326-20 (9) the presence of a court reporter.
326-21 Sec. 201.103. DESIGNATION OF HOST COUNTY. (a) The
326-22 presiding judges of the administrative judicial regions by majority
326-23 vote shall determine the host county of a master appointed under
326-24 this subchapter.
326-25 (b) The host county shall provide an adequate courtroom and
326-26 quarters, including furniture, necessary utilities, and telephone
326-27 equipment and service, for the master and other personnel assisting
327-1 the master.
327-2 (c) A master is not required to reside in the host county.
327-3 Sec. 201.104. OTHER POWERS AND DUTIES OF MASTER. (a) On
327-4 motion of a party, a master may refer a complex case back to the
327-5 judge for final disposition after the master has recommended
327-6 temporary support.
327-7 (b) A master shall take testimony and make a record in all
327-8 Title IV-D cases as provided by this chapter.
327-9 Sec. 201.105. COMPENSATION OF MASTER. (a) A master
327-10 appointed under this subchapter is entitled to a salary to be
327-11 determined by a majority vote of the presiding judges of the
327-12 administrative judicial regions. The salary may not exceed 90
327-13 percent of the salary paid to a district judge as set by the state
327-14 general appropriations act.
327-15 (b) The master's salary shall be paid from the county fund
327-16 available for payment of officers' salaries or from funds available
327-17 from the state and federal government as provided in Section
327-18 201.107.
327-19 Sec. 201.106. PERSONNEL. (a) The presiding judge of an
327-20 administrative judicial region or the presiding judges of the
327-21 administrative judicial regions, by majority vote, may appoint
327-22 other personnel as needed to implement and administer the
327-23 provisions of this subchapter.
327-24 (b) The salary of the personnel shall be paid from the
327-25 county fund available for payment of officers' salaries or from
327-26 funds available from the state and federal government as provided
327-27 by Section 201.107.
328-1 Sec. 201.107. STATE AND FEDERAL FUNDS. (a) The office of
328-2 court administration may contract with the Title IV-D agency for
328-3 available state and federal funds under Title IV-D and may employ
328-4 personnel needed to implement and administer this subchapter. A
328-5 master and other personnel appointed under this subsection are
328-6 state employees for all purposes, including accrual of leave time,
328-7 insurance benefits, retirement benefits, and travel regulations.
328-8 (b) The presiding judges of the administrative judicial
328-9 regions, state agencies, and counties may contract with the Title
328-10 IV-D agency for available federal funds under Title IV-D to
328-11 reimburse costs and salaries associated with masters and personnel
328-12 appointed under this section and may also use available state funds
328-13 and public or private grants.
328-14 (c) The presiding judges and the Title IV-D agency shall act
328-15 and are authorized to take any action necessary to maximize the
328-16 amount of federal funds available under the Title IV-D program.
328-17 Sec. 201.108. MANDATORY APPOINTMENT OF MASTER. The
328-18 presiding judge shall appoint a master for each court handling
328-19 Title IV-D cases for which the state has not been granted an
328-20 exemption from the expedited process of Title IV-D cases required
328-21 by federal law.
328-22 Sec. 201.109. EXEMPTION FROM APPOINTMENT OF MASTER. (a) If
328-23 a presiding judge of an administrative judicial region does not
328-24 require the appointment of a master for a court, the presiding
328-25 judge shall provide to the Title IV-D agency the information
328-26 required by the secretary of health and human services to grant the
328-27 court an exemption from the expedited process requirement for Title
329-1 IV-D cases.
329-2 (b) On receipt of sufficient information, the Title IV-D
329-3 agency shall immediately apply to the secretary for an exemption
329-4 from the expedited process requirement for Title IV-D cases for the
329-5 district court.
329-6 (c) The Title IV-D agency shall promptly notify the
329-7 presiding judge of the administrative judicial region in which the
329-8 court is located of any information received from the secretary
329-9 concerning the application for the exemption.
329-10 (d) If the secretary does not grant an exemption for a court
329-11 or if the secretary revokes an exemption for a court, the presiding
329-12 judge of the administrative judicial region in which the court is
329-13 located shall appoint a master as prescribed by this subchapter not
329-14 later than the 30th day after the date the judge receives notice
329-15 that the exemption was denied or revoked.
329-16 (e) The presiding judge of an administrative judicial region
329-17 shall require each court within the judicial region to provide
329-18 information and data to the presiding judge, the office of court
329-19 administration, and the Title IV-D agency regarding the processing
329-20 of Title IV-D cases necessary to:
329-21 (1) establish the need for an exemption as provided by
329-22 Subsection (a); and
329-23 (2) comply with federal law.
329-24 (f) The Title IV-D agency and the office of court
329-25 administration shall provide assistance to the presiding judge in
329-26 obtaining and storing the information and data provided under this
329-27 section.
330-1 (g) Any information or data required under this section may
330-2 be provided as required by the presiding judge.
330-3 Sec. 201.110. TIME FOR DISPOSITION OF TITLE IV-D CASES. (a)
330-4 Title IV-D cases must be completed from the time of successful
330-5 service to the time of disposition within the following time:
330-6 (1) 90 percent within three months;
330-7 (2) 98 percent within six months; and
330-8 (3) 100 percent within one year.
330-9 (b) Title IV-D cases shall be given priority over other
330-10 cases.
330-11 (c) A clerk or judge may not restrict the number of Title
330-12 IV-D cases that are filed or heard in the courts.
330-13 CHAPTER 202. FRIEND OF THE COURT
330-14 Sec. 202.001. APPOINTMENT. (a) After an order for child
330-15 support or possession of or access to a child has been rendered, a
330-16 court may appoint a friend of the court on:
330-17 (1) the request of a person alleging that the order
330-18 has been violated; or
330-19 (2) its own motion.
330-20 (b) A court may appoint a friend of the court in a
330-21 proceeding under Part D of Title IV of the federal Social Security
330-22 Act (42 U.S.C. Section 651 et seq.) only if the Title IV-D agency
330-23 agrees in writing to the appointment.
330-24 (c) The duration of the appointment of a friend of the court
330-25 is as determined by the court.
330-26 (d) In the appointment of a friend of the court, the court
330-27 shall give preference to:
331-1 (1) a local domestic relations office;
331-2 (2) a local child support collection office;
331-3 (3) the local court official designated to enforce
331-4 actions as provided in Chapter 159; or
331-5 (4) an attorney in good standing with the State Bar of
331-6 Texas.
331-7 (e) In the execution of a friend of the court's duties under
331-8 this subchapter, a friend of the court shall represent the court to
331-9 ensure compliance with the court's order.
331-10 Sec. 202.002. AUTHORITY AND DUTIES. (a) A friend of the
331-11 court may coordinate nonjudicial efforts to improve compliance with
331-12 a court order relating to child support or possession of or access
331-13 to a child by use of:
331-14 (1) telephone communication;
331-15 (2) written communication;
331-16 (3) one or more volunteer advocates under Chapter 107;
331-17 (4) informal pretrial consultation;
331-18 (5) one or more of the alternate dispute resolution
331-19 methods under Chapter 154, Civil Practice and Remedies Code;
331-20 (6) a certified social worker;
331-21 (7) a family mediator; and
331-22 (8) employment agencies, retraining programs, and any
331-23 similar resources to ensure that both parents can meet their
331-24 financial obligations to the child.
331-25 (b) A friend of the court, not later than the 15th day of
331-26 the month following the reporting month, shall:
331-27 (1) report to the court or monitor reports made to the
332-1 court on:
332-2 (A) the amount of child support collected as a
332-3 percentage of the amount ordered; and
332-4 (B) efforts to ensure compliance with orders
332-5 relating to possession of or access to a child; and
332-6 (2) file an action to enforce, clarify, or modify a
332-7 court order relating to child support or possession of or access to
332-8 a child.
332-9 (c) A friend of the court may file a notice of delinquency
332-10 and a request for a writ of income withholding under Chapter 19 in
332-11 order to enforce a child support order.
332-12 Sec. 202.003. DUTY OF LOCAL OFFICES AND OFFICIALS TO REPORT.
332-13 A local domestic relations office, a local registry, or a court
332-14 official designated to receive child support under a court order
332-15 shall, if ordered by the court, report to the court or a friend of
332-16 the court on a monthly basis:
332-17 (1) any delinquency and arrearage in child support
332-18 payments; and
332-19 (2) any violation of an order relating to possession
332-20 of or access to a child.
332-21 Sec. 202.004. ACCESS TO INFORMATION. A friend of the court
332-22 may arrange access to child support payment records by electronic
332-23 means if the records are computerized.
332-24 Sec. 202.005. COMPENSATION. (a) A friend of the court is
332-25 entitled to compensation for services rendered and for expenses
332-26 incurred in rendering the services.
332-27 (b) The court may assess the amount that the friend of the
333-1 court receives in compensation against a party to the suit in the
333-2 same manner as the court awards costs under Chapter 106.
333-3 (c) A friend of the court or a person who acts as the
333-4 court's custodian of child support records, including the clerk of
333-5 a court, may apply for and receive funds from the child support and
333-6 court management account under Section 21.007, Government Code.
333-7 (d) A friend of the court who receives funds under
333-8 Subsection (c) shall use the funds to reimburse any compensation
333-9 the friend of the court received under Subsection (b).
333-10 CHAPTER 203. DOMESTIC RELATIONS OFFICE
333-11 Sec. 203.001. DEFINITION. In this chapter, "domestic
333-12 relations office" means a domestic relations office created:
333-13 (1) by tradition or under a statute before June 19,
333-14 1983; or
333-15 (2) under this chapter.
333-16 Sec. 203.002. APPLICABILITY. This chapter does not apply to
333-17 a county in which a child support collection service is established
333-18 by a statute.
333-19 Sec. 203.003. Establishment of Domestic Relations Office. A
333-20 commissioners court may establish a domestic relations office.
333-21 Sec. 203.004. Administration of Domestic Relations Office.
333-22 (a) A domestic relations office established under this chapter is
333-23 administered:
333-24 (1) by the juvenile board serving the county; or
333-25 (2) as provided by the commissioners court.
333-26 (b) A domestic relations office operating by statute or
333-27 tradition on June 19, 1983, and controlled and governed by a
334-1 juvenile board shall continue to be administered by a juvenile
334-2 board.
334-3 Sec. 203.005. Duties of Domestic Relations Office; Child
334-4 Support. A domestic relations office shall:
334-5 (1) collect court-ordered child support payments
334-6 required by court order to be made to the office;
334-7 (2) enforce child support orders, including filing
334-8 notices of delinquency and writs of income withholding as provided
334-9 by Chapter 158;
334-10 (3) disburse the payments to the persons entitled to
334-11 receive the payments for the benefit of a child;
334-12 (4) make and keep records of payments and
334-13 disbursements; and
334-14 (5) determine and compute any interest due and owing
334-15 on child support arrearages as provided by Chapter 157.
334-16 Sec. 203.006. Services to Enforce Certain Orders Relating to
334-17 Child. (a) A domestic relations office shall provide services to
334-18 enforce an order providing for the possession of, support of, or
334-19 access to a child, including direct legal, informational, referral,
334-20 and counseling services.
334-21 (b) The services are to assist the parties affected by a
334-22 court order in understanding, complying with, and enforcing the
334-23 duties and obligations under the order.
334-24 (c) A person is not required to participate in counseling
334-25 offered by an office unless required by a court order.
334-26 Sec. 203.007. Powers of Domestic Relations Office. A
334-27 domestic relations office may, if authorized by its governing
335-1 agency:
335-2 (1) prepare a social study at the court's request;
335-3 (2) represent a child as guardian ad litem in a suit
335-4 in which termination of the parent-child relationship is requested
335-5 or in which conservatorship of or access to the child is contested;
335-6 and
335-7 (3) provide predivorce counseling.
335-8 Sec. 203.008. Court-Ordered Payment of Child Support to
335-9 Domestic Relations Office. A court having jurisdiction of any of
335-10 the following actions may order that child support payments be made
335-11 to a domestic relations office:
335-12 (1) a suit affecting the parent-child relationship;
335-13 (2) a suit for child support under Chapter 159;
335-14 (3) a suit to adjudicate a child as delinquent or in
335-15 need of supervision under Title 3; or
335-16 (4) a criminal prosecution under Section 25.05, Penal
335-17 Code.
335-18 Sec. 203.009. Fees and Charges. (a) The commissioners
335-19 court of a county may authorize a domestic relations office to
335-20 assess and collect:
335-21 (1) a filing fee of not more than $5 for each suit
335-22 filed in the county for the dissolution of a marriage or affecting
335-23 the parent-child relationship;
335-24 (2) attorney's fees and court costs incurred by the
335-25 office in enforcing an order for child support or visitation
335-26 assessed against the party found to be in violation of the order;
335-27 (3) an application fee payable by a person requesting
336-1 services from the office; and
336-2 (4) a monthly charge of not more than $2 payable by
336-3 each managing and possessory conservator to fund any of the
336-4 services provided by the office.
336-5 (b) The filing fee authorized by Subsection (a)(1) shall be
336-6 paid as other court costs and collected by the court clerk.
336-7 (c) A statute that authorizes a filing fee of more than $5
336-8 to operate a child support office supersedes the maximum filing fee
336-9 set in Subsection (a)(1).
336-10 Sec. 203.010. Domestic Relations Office Fund. (a) A fee
336-11 authorized under Section 203.009 shall be sent to the county
336-12 treasurer or other officer performing the duties of the county
336-13 treasurer for deposit in a special fund entitled the domestic
336-14 relations office fund.
336-15 (b) The domestic relations office shall administer the fund
336-16 to provide services under this chapter.
336-17 Sec. 203.011. Use of County General Funds. In addition to
336-18 the domestic relations office fund, county general funds may be
336-19 used by the domestic relations office to provide services under
336-20 this chapter.
336-21 Sec. 203.012. Access to Records; Penalty. (a) A domestic
336-22 relations office may obtain the records described by Subsections
336-23 (b) and (c) that relate to a person who has:
336-24 (1) been ordered to pay child support;
336-25 (2) been adjudicated to be the father of a child under
336-26 Chapter 160; or
336-27 (3) executed a statement of paternity under Chapter
337-1 160.
337-2 (b) A domestic relations office is entitled to obtain from
337-3 the Department of Public Safety records that relate to:
337-4 (1) a person's date of birth;
337-5 (2) a person's most recent address;
337-6 (3) a person's current driver's license status;
337-7 (4) motor vehicle accidents involving a person; and
337-8 (5) reported traffic-law violations of which a person
337-9 has been convicted.
337-10 (c) A domestic relations office is entitled to obtain from
337-11 the Texas Employment Commission records that relate to:
337-12 (1) a person's address;
337-13 (2) a person's employment status;
337-14 (3) the name and address of a person's current or
337-15 former employer;
337-16 (4) a person's wage income; and
337-17 (5) unemployment compensation benefits received by a
337-18 person.
337-19 (d) The Department of Public Safety or the Texas Employment
337-20 Commission may charge a domestic relations office a fee not to
337-21 exceed the charge paid by the attorney general's office for
337-22 furnishing records under this section.
337-23 (e) Any information obtained under this section that is
337-24 confidential under a constitution, statute, judicial decision, or
337-25 rule is privileged information and is for the exclusive use of the
337-26 domestic relations office.
337-27 (f) A person commits an offense if the person releases or
338-1 discloses confidential information obtained under this section
338-2 without the consent of the person to whom the information relates.
338-3 An offense under this subsection is a Class C misdemeanor.
338-4 (Chapters 204-230 reserved for expansion)
338-5 SUBTITLE D. ADMINISTRATIVE SERVICES
338-6 CHAPTER 231. TITLE IV-D SERVICES
338-7 SUBCHAPTER A. ADMINISTRATION OF TITLE IV-D PROGRAM
338-8 Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY. The office
338-9 of the attorney general is designated as the state's Title IV-D
338-10 agency.
338-11 Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency
338-12 may:
338-13 (1) accept, transfer, and expend funds, subject to the
338-14 General Appropriations Act, made available by the federal or state
338-15 government or by another public or private source for the purpose
338-16 of carrying out this chapter;
338-17 (2) adopt rules for the provision of child support
338-18 services;
338-19 (3) initiate legal actions needed to implement this
338-20 chapter; and
338-21 (4) enter into contracts or agreements necessary to
338-22 administer this chapter.
338-23 (b) The Title IV-D agency may perform the duties and
338-24 functions necessary for locating children under agreements with the
338-25 federal government as provided by 42 U.S.C. Section 663.
338-26 (c) The Title IV-D agency may enter into agreements or
338-27 contracts with federal, state, or other public or private agencies
339-1 or individuals for the purpose of carrying out this chapter. The
339-2 agreements or contracts between the agency and other state agencies
339-3 or political subdivisions of the state are not subject to Chapter
339-4 771 or Chapter 783, Government Code.
339-5 (d) The Title IV-D agency may take any action with respect
339-6 to execution, collection, and release of a judgment or lien for
339-7 child support necessary to satisfy the judgment or lien.
339-8 Sec. 231.003. FORMS AND PROCEDURES. The Title IV-D agency
339-9 shall by rule promulgate any forms and procedures necessary to
339-10 comply fully with the intent of this chapter.
339-11 Sec. 231.004. Title IV-D Registry. The Title IV-D agency
339-12 shall establish a registry for Title IV-D cases that shall:
339-13 (1) receive child support payments;
339-14 (2) maintain a record of child support paid and any
339-15 arrearages owed under each order;
339-16 (3) distribute child support payments received as
339-17 required by law; and
339-18 (4) maintain custody of official child support payment
339-19 records.
339-20 Sec. 231.005. BIENNIAL REPORT REQUIRED. The Title IV-D
339-21 agency shall report to the legislature each biennium on the
339-22 effectiveness of the agency's child support enforcement activity in
339-23 reducing the state's public assistance obligations. The agency
339-24 shall develop a method for estimating the costs and benefits of the
339-25 child support enforcement program and the effect of the program on
339-26 appropriations for public assistance.
339-27 Sec. 231.006. Ineligibility to Receive State Grants or Loans
340-1 or Bid on State Contracts. (a) A child support obligor who is
340-2 more than 30 days delinquent in paying child support is not
340-3 eligible to:
340-4 (1) submit a bid or enter into a contract to provide
340-5 property, materials, or services under a contract with the state;
340-6 or
340-7 (2) receive a state-funded grant or loan.
340-8 (b) A sole proprietorship, partnership, corporation, or
340-9 other entity in which a sole proprietor, partner, majority
340-10 shareholder, or substantial owner is a delinquent obligor who is
340-11 ineligible to bid on a state contract as provided by this section
340-12 may not bid on a state contract.
340-13 (c) A child support obligor remains ineligible to submit a
340-14 bid on or enter into a state contract or apply for a state-funded
340-15 grant or loan as provided by this section until:
340-16 (1) all arrearages have been paid; or
340-17 (2) the obligor is in compliance with a written
340-18 repayment agreement or court order as to any existing delinquency.
340-19 (d) Each bidder for a state contract or applicant for a
340-20 state-funded loan or grant as provided by this section shall submit
340-21 a signed, sworn statement accompanying any bid or application for a
340-22 grant or loan affirming that the bidder or applicant is not more
340-23 than 30 days delinquent in providing child support under a court
340-24 order or a written repayment agreement.
340-25 (e) The Title IV-D agency and the General Services
340-26 Commission may adopt rules or prescribe forms to implement any
340-27 provision of this section.
341-1 Sec. 231.007. Debts to State. (a) A person obligated to
341-2 pay child support in a case in which the Title IV-D agency is
341-3 providing services under this chapter who does not pay the required
341-4 child support is in debt to the state for the purposes of Section
341-5 403.055, Government Code.
341-6 (b) The debt of a person in debt to the state as provided by
341-7 Subsection (a) is equal to the amount of the child support that is
341-8 past due and not paid and any interest, fees, court costs, or other
341-9 amounts owed by the person as a result of the person's failure to
341-10 pay the child support.
341-11 (c) The Title IV-D agency is an assignee of all payments,
341-12 including compensation, by the state to a person in debt to the
341-13 state as provided by this section. The assignment takes effect
341-14 before the date the person's debt to the state arose.
341-15 (d) A person in debt to the state as provided by this
341-16 section may eliminate the person's debt by:
341-17 (1) paying the entire amount of the debt; or
341-18 (2) resolving the debt in a manner acceptable to the
341-19 Title IV-D agency.
341-20 (e) The comptroller may rely on a representation by the
341-21 Title IV-D agency that:
341-22 (1) a person is in debt to the state as provided by
341-23 this section; or
341-24 (2) a person who was in debt to the state has
341-25 eliminated the person's debt as provided by this section.
341-26 (f) In this section, the payment of workers' compensation
341-27 benefits to a person in debt to the state is the same as any other
342-1 payment made to the person by the state. Notwithstanding Title 5,
342-2 Labor Code, an order or writ to withhold income from workers'
342-3 compensation benefits is not required under this section.
342-4 (g) The amount of weekly workers' compensation benefits that
342-5 may be withheld or assigned under this section may not exceed the
342-6 percentage of the person's benefits that would apply if the
342-7 benefits equalled the person's monthly net resources as provided by
342-8 Chapter 15, except that in no event may more than 50 percent of the
342-9 person's weekly compensation benefits be withheld or assigned.
342-10 (h) Notwithstanding Sections 403.055(c) and (e)(4),
342-11 Government Code, the comptroller may not issue a warrant to a state
342-12 officer or employee who is in debt to the state as provided by this
342-13 section.
342-14 (i) In this section, "compensation" has the meaning assigned
342-15 by Section 403.055(f)(1), Government Code, and includes the payment
342-16 of workers' compensation benefits.
342-17 Sec. 231.008. DISPOSITION OF FUNDS. (a) The Title IV-D
342-18 agency shall deposit money received under assignments or as fees in
342-19 a special fund in the state treasury. The agency may spend money
342-20 in the fund for the administration of this chapter, subject to the
342-21 General Appropriations Act.
342-22 (b) All other money received under this chapter shall be
342-23 deposited in a special fund in the state treasury.
342-24 (c) Sections 403.094 and 403.095, Government Code, do not
342-25 apply to a fund described by this section.
342-26 Sec. 231.009. PAYMENT OF PENALTIES. From funds appropriated
342-27 for the Title IV-D agency, the agency shall reimburse the Texas
343-1 Department of Human Services for any penalty assessed under Title
343-2 IV-A of the federal Social Security Act (42 U.S.C. Section 651 et
343-3 seq.) that is assessed because of the agency's administration of
343-4 this chapter.
343-5 (Sections 231.010-231.100 reserved for expansion)
343-6 SUBCHAPTER B. SERVICES PROVIDED BY TITLE IV-D PROGRAM
343-7 Sec. 231.101. TITLE IV-D CHILD SUPPORT SERVICES. (a) The
343-8 Title IV-D agency may provide all services required or authorized
343-9 to be provided by Part D of Title IV of the federal Social Security
343-10 Act (42 U.S.C. Section 651 et seq.), including:
343-11 (1) parent locator services;
343-12 (2) paternity determination;
343-13 (3) child support and medical support establishment;
343-14 (4) review and adjustment of child support orders;
343-15 (5) enforcement of child support and medical support
343-16 orders; and
343-17 (6) collection and distribution of child support
343-18 payments.
343-19 (b) At the request of either parent, the Title IV-D agency
343-20 shall review a child support order.
343-21 Sec. 231.102. ELIGIBILITY FOR CHILD SUPPORT SERVICES. The
343-22 Title IV-D agency on application or as otherwise authorized by law
343-23 may provide services for the benefit of a child without regard to
343-24 whether the child has received public assistance.
343-25 Sec. 231.103. APPLICATION FEE. (a) The Title IV-D agency
343-26 may charge a reasonable application fee and recover costs for the
343-27 services provided.
344-1 (b) An application fee may not be charged in a case in which
344-2 the Title IV-D agency provides services because the family receives
344-3 public assistance.
344-4 (c) An application fee may not exceed a maximum amount
344-5 established by federal law.
344-6 Sec. 231.104. Assignment of Right to Support. (a) The
344-7 approval of an application for or the receipt of financial
344-8 assistance as provided by Chapter 31, Human Resources Code,
344-9 constitutes an assignment to the Title IV-D agency of any rights to
344-10 support from any other person that the applicant or recipient may
344-11 have personally or for a child for whom the applicant or recipient
344-12 is claiming assistance, including the right to the amount accrued
344-13 at the time the application is filed or the assistance is received.
344-14 (b) An application for child support services is an
344-15 assignment of support rights, to the extent permitted by federal
344-16 law, to enable the Title IV-D agency to establish and enforce child
344-17 support and medical support obligations, but an assignment is not a
344-18 condition of eligibility for services.
344-19 Sec. 231.105. NOTICE OF ASSIGNMENT. (a) Child support
344-20 payments for the benefit of a child whose support rights have been
344-21 assigned to the Title IV-D agency shall be made payable to and
344-22 transmitted to the Title IV-D agency.
344-23 (b) If a court has ordered support payments to be made to an
344-24 applicant for or recipient of financial assistance or to a person
344-25 other than the applicant or recipient, the Title IV-D agency may
344-26 file notice of the assignment with the court ordering the payments.
344-27 The notice must include:
345-1 (1) a statement that the child is an applicant for or
345-2 recipient of financial assistance, or a child other than a
345-3 recipient child for whom services are provided;
345-4 (2) the name of the child and the caretaker for whom
345-5 support has been ordered by the court;
345-6 (3) the style and cause number of the case in which
345-7 support was ordered; and
345-8 (4) a request that the payments ordered be made
345-9 payable and transmitted to the agency.
345-10 (c) On receipt of the notice and without a requirement of a
345-11 hearing, the court shall order that the payments be made to the
345-12 Title IV-D agency.
345-13 Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) The
345-14 Title IV-D agency may file a notice of termination of assignment,
345-15 which may include a request that all or a portion of the payments
345-16 be made payable to the agency and to other persons who are entitled
345-17 to receive the payments.
345-18 (b) On receipt of notice of termination of assignment the
345-19 court shall order that the payments be directed as stated in the
345-20 notice.
345-21 Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
345-22 ASSIGNMENT. If an abstract of judgment or a child support lien on
345-23 support amounts assigned to the Title IV-D agency under this
345-24 chapter has previously been filed of record, the agency shall file
345-25 for recordation, with the county clerk of each county in which such
345-26 abstract or lien has been filed, a certificate that an order of
345-27 assignment or a notice of termination of assignment has been
346-1 issued.
346-2 Sec. 231.108. Confidentiality of Records and Privileged
346-3 Communications. (a) Except as provided by Subsection (c), all
346-4 files and records of services provided under this chapter,
346-5 including information concerning a custodial parent, noncustodial
346-6 parent, child, and an alleged or presumed father, are confidential.
346-7 (b) Except as provided by Subsection (c), all communications
346-8 made by a recipient of financial assistance under Chapter 31, Human
346-9 Resources Code, or an applicant for or recipient of services under
346-10 this chapter are privileged.
346-11 (c) The Title IV-D agency may use or release information
346-12 from the files and records, including information that results from
346-13 a communication made by a recipient of financial assistance under
346-14 Chapter 31, Human Resources Code, or by an applicant for or
346-15 recipient of services under this chapter, for purposes directly
346-16 connected with the administration of the child support, paternity
346-17 determination, parent locator, or aid to families with dependent
346-18 children programs.
346-19 (d) The Title IV-D agency by rule may provide for the
346-20 release of information to public officials.
346-21 Sec. 231.109. Attorneys Representing State. (a) Attorneys
346-22 employed by the Title IV-D agency may represent this state or
346-23 another state in an action brought under the authority of federal
346-24 law or this chapter.
346-25 (b) The Title IV-D agency may contract with private
346-26 attorneys or political subdivisions of the state to represent this
346-27 state or another state in an action brought under the authority of
347-1 federal law and this chapter.
347-2 (c) The Title IV-D agency shall provide copies of all
347-3 contracts entered into under this section to the Legislative Budget
347-4 Board and the Governor's Office of Budget and Planning, along with
347-5 a written justification of the need for each contract, within 60
347-6 days after the execution of the contract.
347-7 (d) An attorney employed by the Title IV-D agency or as
347-8 otherwise provided by this chapter represents the interest of the
347-9 state and not the interest of any other party. The provision of
347-10 services by an attorney under this chapter does not create an
347-11 attorney-client relationship between the attorney and any other
347-12 party. The agency shall, at the time an application for child
347-13 support services is made, inform the applicant that neither the
347-14 Title IV-D agency nor any attorney who provides services under this
347-15 chapter is the applicant's attorney and that the attorney providing
347-16 services does not provide legal representation to the applicant.
347-17 (e) An attorney employed by the Title IV-D agency or as
347-18 otherwise provided by this chapter may not be appointed or act as a
347-19 guardian ad litem or attorney ad litem for a child or another
347-20 party.
347-21 Sec. 231.110. AUTHORIZATION OF SERVICE. The provision of
347-22 services by the Title IV-D agency under this chapter or Part D of
347-23 Title IV of the federal Social Security Act (42 U.S.C. Section 651
347-24 et seq.) does not authorize service on the agency of any legal
347-25 notice that is required to be served on any party other than the
347-26 agency.
347-27 Sec. 231.111. DISQUALIFICATION OF AGENCY. A court shall not
348-1 disqualify the Title IV-D agency in a legal action filed under this
348-2 chapter or Part D of Title IV of the federal Social Security Act
348-3 (42 U.S.C. Section 651 et seq.) on the basis that the agency has
348-4 previously provided services to a party whose interests may now be
348-5 adverse to the relief requested.
348-6 Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On
348-7 notification by the state registrar under Section 192.005(d),
348-8 Health and Safety Code, that the items relating to the child's
348-9 father are not completed on a birth certificate filed with the
348-10 state registrar, the Title IV-D agency may provide to:
348-11 (1) the child's mother and, if possible, the man
348-12 claiming to be the child's biological father written information
348-13 necessary for the man to complete a statement of paternity as
348-14 provided by Chapter 160; and
348-15 (2) the child's mother written information:
348-16 (A) explaining the benefits of having the
348-17 child's paternity established; and
348-18 (B) regarding the availability of paternity
348-19 establishment and child support enforcement services.
348-20 (Sections 231.113-231.200 reserved for expansion)
348-21 SUBCHAPTER C. PAYMENT OF FEES AND COSTS
348-22 Sec. 231.201. DEFINITIONS. In this subchapter:
348-23 (1) "Federal share" means the portion of allowable
348-24 expenses for fees and other costs that will be reimbursed by the
348-25 federal government under federal law and regulations regarding the
348-26 administration of the Title IV-D program.
348-27 (2) "State share" means the portion of allowable
349-1 expenses for fees and other costs that remain after receipt of the
349-2 federal share of reimbursement and that is to be reimbursed by the
349-3 state or may be contributed by certified public expenditure by a
349-4 county.
349-5 Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES.
349-6 In a Title IV-D case filed under this title, the Title IV-D agency
349-7 shall pay:
349-8 (1) filing fees and fees for issuance and service of
349-9 process as provided by Chapter 110 of this code and by Sections
349-10 51.317, 51.318(b)(2), and 51.319(4), Government Code;
349-11 (2) fees for transfer as provided by Chapter 110;
349-12 (3) fees for the issuance and delivery of orders and
349-13 writs of income withholding in the amounts provided by Chapter 110;
349-14 (4) a fee of $45 for each item of process to each
349-15 individual on whom service is required, including service by
349-16 certified or registered mail, to be paid to a sheriff, constable,
349-17 or clerk whenever service of process is required; and
349-18 (5) mileage costs incurred by a sheriff or constable
349-19 when traveling out of the county to execute an outstanding warrant
349-20 or capias, to be reimbursed at a rate not to exceed the rate
349-21 provided for mileage incurred by state employees in the General
349-22 Appropriations Act.
349-23 Sec. 231.203. STATE EXEMPTION FROM BOND NOT AFFECTED. This
349-24 subchapter does not affect, nor is this subchapter affected by, the
349-25 exemption from bond provided by Section 6.001, Civil Practice and
349-26 Remedies Code.
349-27 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except
350-1 as provided by this subchapter, a district or county clerk,
350-2 sheriff, constable, or other government officer or employee may not
350-3 charge the Title IV-D agency or a private attorney or political
350-4 subdivision that has entered into a contract to provide Title IV-D
350-5 services any fees or other amounts otherwise imposed by law for
350-6 services rendered in, or in connection with, a Title IV-D case,
350-7 including:
350-8 (1) a fee payable to a district clerk for:
350-9 (A) performing services related to the estates
350-10 of deceased persons or minors;
350-11 (B) certifying copies; or
350-12 (C) comparing copies to originals;
350-13 (2) a court reporter fee, except as provided by
350-14 Section 231.209;
350-15 (3) a judicial fund fee;
350-16 (4) a fee for a child support registry, enforcement
350-17 office, or domestic relations office; and
350-18 (5) a fee for alternative dispute resolution services.
350-19 Sec. 231.205. LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL
350-20 FOR AUTHORIZED FEES AND COSTS. (a) The Title IV-D agency is
350-21 liable for a fee or cost under this subchapter only to the extent
350-22 that an express, specific appropriation is made to the agency
350-23 exclusively for that purpose. To the extent that state funds are
350-24 not available, the amount of costs and fees that are not reimbursed
350-25 by the federal government and that represent the state share shall
350-26 be paid by certified public expenditure by the county through the
350-27 clerk of the court, sheriff, or constable. This section does not
351-1 prohibit the agency from spending other funds appropriated for
351-2 child support enforcement to provide the initial expenditures
351-3 necessary to qualify for the federal share.
351-4 (b) The Title IV-D agency is liable for the payment of the
351-5 federal share of reimbursement for fees and costs under this
351-6 subchapter only to the extent that the federal share is received,
351-7 and if an amount is paid by the agency and that amount is
351-8 disallowed by the federal government or the federal share is not
351-9 otherwise received, the clerk of the court, sheriff, or constable
351-10 to whom the payment was made shall return the amount to the agency
351-11 not later than the 30th day after the date on which notice is given
351-12 by the agency.
351-13 Sec. 231.206. RESTRICTION ON FEES FOR CHILD SUPPORT OR
351-14 REGISTRY SERVICES IN TITLE IV-D CASES. A district clerk, a county
351-15 child support registry or enforcement office, or a domestic
351-16 relations office may not assess or collect fees for processing
351-17 child support payments or for child support services from the Title
351-18 IV-D agency, a managing conservator, or a possessory conservator in
351-19 a Title IV-D case, except as provided by this subchapter.
351-20 Sec. 231.207. METHOD OF BILLING FOR ALLOWABLE FEES. (a) To
351-21 be entitled to reimbursement under this subchapter, the clerk of
351-22 the court, sheriff, or constable must submit one monthly billing to
351-23 the Title IV-D agency.
351-24 (b) The monthly billing must be in the form and manner
351-25 prescribed by the Title IV-D agency and be approved by the clerk,
351-26 sheriff, or constable.
351-27 Sec. 231.208. AGREEMENTS FOR REIMBURSEMENT IN LIEU OF FEES.
352-1 (a) The Title IV-D agency and a qualified county may enter into a
352-2 written agreement under which reimbursement for salaries and
352-3 certain other actual costs incurred by the clerk, sheriff, or
352-4 constable in Title IV-D cases is provided to the county.
352-5 (b) A county may not enter into an agreement for
352-6 reimbursement under this section unless the clerk, sheriff, or
352-7 constable providing service has at least two full-time employees
352-8 each devoted exclusively to providing services in Title IV-D cases.
352-9 (c) Reimbursement made under this section is in lieu of all
352-10 costs and fees provided by this subchapter.
352-11 Sec. 231.209. PAYMENT FOR SERVICES NOT AFFECTED BY THIS
352-12 SUBCHAPTER. Without regard to this subchapter and specifically
352-13 Section 231.205, the Title IV-D agency may pay the costs for the
352-14 services of an official court reporter for the preparation of
352-15 statements of facts and the costs for the publication of citation
352-16 served by publication.
352-17 Sec. 231.210. AUTHORITY TO PAY LITIGATION EXPENSES. (a)
352-18 The Title IV-D agency may pay all fees, expenses, costs, and bills
352-19 necessary to secure evidence and to take the testimony of a
352-20 witness, including advance payments or purchases for
352-21 transportation, lodging, meals, and incidental expenses of
352-22 custodians of evidence or witnesses whose transportation is
352-23 necessary and proper for the production of evidence or the taking
352-24 of testimony in a Title IV-D case.
352-25 (b) In making payments under this section, the Title IV-D
352-26 agency shall present vouchers to the comptroller that have been
352-27 sworn to by the custodian or witness and approved by the agency.
353-1 The voucher shall be sufficient to authorize payment without the
353-2 necessity of a written contract.
353-3 (c) The Title IV-D agency may directly pay a commercial
353-4 transportation company or commercial lodging establishment for the
353-5 expense of transportation or lodging of a custodian or witness.
353-6 Sec. 231.211. AWARD OF COST AGAINST NONPREVAILING PARTY IN
353-7 TITLE IV-D CASE. (a) At the conclusion of a Title IV-D case, the
353-8 court may assess attorney's fees and all court costs as authorized
353-9 by law against the nonprevailing party, except that the court may
353-10 not assess those amounts against the Title IV-D agency or a private
353-11 attorney or political subdivision that has entered into a contract
353-12 under this chapter or any party to whom the agency has provided
353-13 services under this chapter. Such fees and costs may not exceed
353-14 reasonable and necessary costs as determined by the court.
353-15 (b) The clerk of the court may take any action necessary to
353-16 collect any fees or costs assessed under this section.
353-17 (Sections 231.212-231.300 reserved for expansion)
353-18 SUBCHAPTER D. LOCATION OF PARENTS AND RESOURCES
353-19 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. The
353-20 parent locator service conducted by the Title IV-D agency shall be
353-21 used to obtain information regarding the whereabouts, income, and
353-22 holdings of any person when the information is to be used for the
353-23 purposes of locating the person and establishing or enforcing a
353-24 support or medical support obligation against the person.
353-25 Sec. 231.302. INFORMATION TO ASSIST IN LOCATION OF PERSONS
353-26 OR PROPERTY. (a) The Title IV-D agency shall attempt to locate a
353-27 person needed to establish or enforce a support or medical support
354-1 obligation and is entitled to request and obtain information
354-2 relating to the location, income, and property holdings of the
354-3 person from a state or local government agency, private company,
354-4 institution, or other entity as necessary to implement this
354-5 chapter.
354-6 (b) A state government agency furnishing information under
354-7 Subsection (a) shall provide the information in the most efficient
354-8 and expeditious manner available, including electronic or automated
354-9 transfer and interface.
354-10 Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The
354-11 Title IV-D agency may issue an administrative subpoena to any
354-12 individual or organization to furnish information necessary to
354-13 carry out the provisions of this chapter.
354-14 (b) An individual or organization receiving a subpoena shall
354-15 comply with the subpoena.
354-16 Sec. 231.304. EMPLOYER NEW HIRE REPORTING PROGRAM. (a) In
354-17 this section, "ENHR program" means an Employer New Hire Reporting
354-18 program.
354-19 (b) The Title IV-D agency shall create and develop a
354-20 voluntary ENHR program to provide a means for employers to assist
354-21 in the state's efforts to locate absent parents who owe child
354-22 support and collect support from those parents by reporting
354-23 information concerning newly hired and rehired employees directly
354-24 to the child support enforcement program.
354-25 (c) To ensure timely receipt of information, the ENHR
354-26 program shall provide that employers participating in the program
354-27 report the hiring or rehiring of persons not later than the 10th
355-1 working day after the hiring date.
355-2 (d) The ENHR program shall apply to a person who will:
355-3 (1) be employed for more than one month's duration;
355-4 (2) be paid for more than 350 hours during a
355-5 continuous six-month period; or
355-6 (3) have gross earnings of more than $300 in each
355-7 month of employment.
355-8 (e) An employer doing business in this state may voluntarily
355-9 participate in the ENHR program by reporting to the Title IV-D
355-10 agency the:
355-11 (1) hiring of a person who resides or works in this
355-12 state to whom the employer anticipates paying earnings; or
355-13 (2) rehiring or return to work of an employee who was
355-14 laid off, furloughed, separated, granted leave without pay, or
355-15 terminated from employment.
355-16 (f) Employers participating in the ENHR program may provide
355-17 information to the Title IV-D agency by:
355-18 (1) sending a copy of the new employee's W-4 form;
355-19 (2) completing a form supplied by the agency; or
355-20 (3) any other means authorized by the agency for
355-21 conveying information, including electronic transmission or
355-22 delivery of data tapes containing the employee's name, address,
355-23 social security number, date of birth, and salary information, and
355-24 the employer's name, address, and employer identification number.
355-25 (g) An employer participating in the ENHR program may
355-26 disclose the information described above and is not liable to the
355-27 employee for the disclosure or a later use by the Title IV-D agency
356-1 of the information.
356-2 (h) For each employee reported under the ENHR program, the
356-3 Title IV-D agency shall retain the information only if the agency
356-4 is responsible for establishing, enforcing, or collecting a support
356-5 obligation or debt of the employee or reporting to a court,
356-6 domestic relations office, or a friend of the court the location of
356-7 a parent who is denying possession of or access to a person with a
356-8 valid possession order. If the agency does not have any of those
356-9 responsibilities, the agency may not create a record regarding the
356-10 employee and the information contained in the notice shall be
356-11 promptly destroyed.
356-12 (i) In cooperation with the Texas Employment Commission and
356-13 representatives of the private sector, the Title IV-D agency may
356-14 develop a plan for phasing in implementation of the ENHR program,
356-15 acknowledging employer participation in the program, and
356-16 publicizing the availability of the program to employers in this
356-17 state.
356-18 (Sections 231.305-231.400 reserved for expansion)
356-19 SUBCHAPTER E. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR
356-20 ENFORCE SUPPORT OBLIGATIONS
356-21 Sec. 231.401. Purpose. The purpose of the child support
356-22 review process authorized by this subchapter is to provide child
356-23 support agencies an opportunity to resolve routine child support
356-24 actions through negotiation, agreement, or uncontested orders.
356-25 Sec. 231.402. AGREEMENTS ENCOURAGED. To the extent
356-26 permitted by this subchapter, child support agencies shall make the
356-27 child support review process understandable to all parties and
357-1 shall encourage agreements through mediation.
357-2 Sec. 231.403. Bilingual Forms Required. A notice or other
357-3 form used to implement the child support review process shall be
357-4 printed in both Spanish and English.
357-5 Sec. 231.404. INTERPRETER REQUIRED. If a party
357-6 participating in a negotiation conference does not speak English or
357-7 is hearing impaired, the child support agency shall provide for
357-8 interpreter services at no charge to the parties.
357-9 Sec. 231.405. Initiating Child Support Review. (a) A child
357-10 support agency may review and assess the financial resources of a
357-11 child's parent or of a person presumed or alleged to be the child's
357-12 father from whom child support is requested to determine the
357-13 resources that are available for the support of the child and to
357-14 determine what action is appropriate.
357-15 (b) An administrative action under this subchapter may be
357-16 initiated by issuing a notice of child support review to the
357-17 parents and to the presumed or alleged father of a child.
357-18 Sec. 231.406. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.
357-19 (a) The notice of child support review must:
357-20 (1) describe the procedure for a child support review;
357-21 (2) inform the recipient that the recipient is not
357-22 required to participate in the child support review and may be
357-23 represented by legal counsel during the review process or at a
357-24 court hearing;
357-25 (3) inform the recipient that the recipient may cease
357-26 participation in the child support review during any stage of the
357-27 review but that the review will continue to completion and that
358-1 afterward the recipient may request a court hearing;
358-2 (4) include an affidavit of financial resources; and
358-3 (5) include a request that the recipient designate, on
358-4 a form provided by the child support agency, an address for mailing
358-5 any additional notice to the recipient.
358-6 (b) In addition to the information required by Subsection
358-7 (a), the notice of child support review must inform the recipient
358-8 that:
358-9 (1) the information requested on the form must be
358-10 returned to the child support agency not later than the 15th day
358-11 after the date the notice is received or delivered; and
358-12 (2) if the requested information is not returned as
358-13 required, the child support agency:
358-14 (A) may proceed with the review using the
358-15 information that is available to the agency; and
358-16 (B) may file a legal action without further
358-17 notice to the recipient, except as otherwise required by law.
358-18 Sec. 231.407. Notice by Mail. (a) A notice required in an
358-19 administrative action under this subchapter must be delivered or
358-20 served by first class mail or certified mail on each party entitled
358-21 to citation or notice as provided by Chapter 102.
358-22 (b) If notice is served by mail, three days must be added to
358-23 the time in which the person is required to respond.
358-24 (c) This section does not apply to notice required on filing
358-25 of a child support review order or to later judicial actions.
358-26 Sec. 231.408. Administrative Subpoena in Child Support
358-27 Review. In a child support review under this subchapter, a child
359-1 support agency may issue an administrative subpoena to a parent, a
359-2 person presumed or alleged to be the father of a child for whom
359-3 support is requested, or any individual or organization believed to
359-4 have information on the financial resources of the parent or
359-5 presumed or alleged father.
359-6 Sec. 231.409. Scheduling Negotiation conference. (a) The
359-7 child support agency may schedule a negotiation conference without
359-8 a request from a party.
359-9 (b) The child support agency shall schedule a negotiation
359-10 conference on the request of a person who completes and returns an
359-11 affidavit of financial resources.
359-12 Sec. 231.410. TIME FOR NEGOTIATION CONFERENCE; NOTICE
359-13 REQUIRED. (a) A child support review or negotiation conference
359-14 under this subchapter shall be conducted not later than the 45th
359-15 day after the date all notices of child support review have been
359-16 sent to the parties to the action.
359-17 (b) All parties entitled to notice of the negotiation
359-18 conference shall be notified of the date, time, and place of the
359-19 negotiation conference not later than the 10th day before the date
359-20 of the negotiation conference.
359-21 Sec. 231.411. RESCHEDULING NEGOTIATION CONFERENCE; NOTICE
359-22 REQUIRED. A negotiation conference may be rescheduled on the
359-23 request of any party. All parties must be given notice of the
359-24 rescheduling not later than the third day before the date of the
359-25 rescheduled negotiation conference.
359-26 Sec. 231.412. INFORMATION REQUIRED TO BE PROVIDED AT
359-27 NEGOTIATION CONFERENCE. At the beginning of the negotiation
360-1 conference, the child support review officer shall inform all
360-2 parties in attendance that:
360-3 (1) the purpose of the negotiation conference is to
360-4 attempt to reach an agreement regarding child support payments;
360-5 (2) a party does not have to participate in the
360-6 negotiation conference and may request a court hearing;
360-7 (3) a party may be represented by an attorney chosen
360-8 by the party;
360-9 (4) the parties may stop participating in the
360-10 negotiation conference at any time but that the child support
360-11 review will continue until completed, and, if a child support
360-12 review order is issued, a party may request a court hearing;
360-13 (5) if the parties reach an agreement, the review
360-14 officer will prepare an agreed review order for the parties'
360-15 signatures;
360-16 (6) a party does not have to sign a review order
360-17 prepared by the child support review officer; and
360-18 (7) even though a party signs an agreed review order,
360-19 the party may request a court hearing at any time before the child
360-20 support review order is confirmed by a court.
360-21 Sec. 231.413. DETERMINING SUPPORT AMOUNT; MODIFICATION. (a)
360-22 A child support agency may use any information obtained by the
360-23 agency from the parties or any other source and shall apply the
360-24 child support guidelines provided by this code to determine the
360-25 appropriate amount of child support.
360-26 (b) If the child support agency determines that the support
360-27 amount in an existing child support order is not in substantial
361-1 compliance with the guidelines, the child support agency shall
361-2 issue an appropriate child support review order, including a review
361-3 order that has the effect of modifying an existing order for child
361-4 support without the necessity of filing a motion to modify.
361-5 Sec. 231.414. Record Not Required. (a) For the purposes of
361-6 this subchapter, a written affidavit, the written findings, and the
361-7 child support review order from a negotiation conference are a
361-8 sufficient record of the proceedings.
361-9 (b) A child support agency is not required to make any other
361-10 record or transcript of the negotiation conference.
361-11 Sec. 231.415. ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR
361-12 FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If the
361-13 negotiation conference does not result in an agreed child support
361-14 review order, the review officer shall issue and sign a final
361-15 decision in the form of a child support review order, or a
361-16 determination that a child support review order should not be
361-17 issued, not later than the fifth day after the date of the
361-18 negotiation conference.
361-19 (b) On the day that a child support review order is issued
361-20 or a determination is made that a child support order will not be
361-21 issued, each party to a child support review proceeding shall be
361-22 furnished by hand delivery or by mail a copy of the order or the
361-23 determination.
361-24 (c) A determination that a child support order should not be
361-25 issued must include a statement of the reasons that an order is not
361-26 being issued and does not affect the right of the agency or a party
361-27 to request any other remedy provided by law.
362-1 Sec. 231.416. VACATING CHILD SUPPORT REVIEW ORDER. (a) The
362-2 review officer may vacate a child support review order on the
362-3 officer's own motion at any time before the order is filed with the
362-4 court.
362-5 (b) A new negotiation conference, with notice to all
362-6 parties, shall be scheduled to take place not later than the 10th
362-7 day after the date the child support review order was vacated.
362-8 Sec. 231.417. CONTENTS OF CHILD SUPPORT REVIEW ORDER. (a)
362-9 An agreed child support review order must contain all provisions
362-10 that are appropriate for an order under this title.
362-11 (b) A child support review order that is not agreed to must
362-12 include child support and medical support provisions, including a
362-13 determination of arrearages or retroactive support.
362-14 (c) A child support review order providing for the
362-15 enforcement of an order may not contain a provision that imposes
362-16 incarceration or a fine or contains a finding of contempt.
362-17 Sec. 231.418. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT
362-18 REVIEW ORDER. If a negotiation conference results in an agreement
362-19 by all parties, a child support review order must be signed by all
362-20 parties to the action and must contain:
362-21 (1) a waiver by each party of the right to service and
362-22 of the right to a court hearing and the making of a record;
362-23 (2) the mailing address of each party; and
362-24 (3) the following statement printed on the order in
362-25 boldface or in all capital letters:
362-26 "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED
362-27 CHILD SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT
363-1 TO HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN
363-2 THIS MATTER. I KNOW THAT I HAVE A RIGHT TO CHANGE MY
363-3 MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS
363-4 ORDER AND REQUEST THAT A COURT DECIDE THIS MATTER BY
363-5 FILING A REQUEST FOR COURT HEARING AT ANY TIME BEFORE
363-6 THE 20TH DAY AFTER THE DATE THE PETITION FOR
363-7 CONFIRMATION OF THE ORDER IS FILED WITH THE CLERK OF
363-8 THE COURT. I KNOW THAT IF I FAIL TO FILE A REQUEST FOR
363-9 A COURT HEARING A COURT MAY CONFIRM AND APPROVE THIS
363-10 ORDER WITHOUT A HEARING, AND THE ORDER WILL BECOME A
363-11 VALID COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE
363-12 TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF
363-13 COURT."
363-14 Sec. 231.419. FILING OF PETITION FOR CONFIRMATION. (a) The
363-15 child support agency shall file a petition for confirmation with
363-16 the clerk of the court having continuing jurisdiction of the child
363-17 who is the subject of the order.
363-18 (b) If there is not a court of continuing jurisdiction, the
363-19 child support agency shall file the petition for confirmation with
363-20 the clerk of a court having jurisdiction under this title.
363-21 Sec. 231.420. CONTENTS OF PETITION FOR CONFIRMATION;
363-22 DOCUMENTARY EVIDENCE TO BE FILED WITH PETITION. (a) A petition
363-23 for confirmation must include the final child support review order
363-24 as an attachment to the petition.
363-25 (b) Documentary evidence relied on by the child support
363-26 agency, including a verified written report of a paternity testing
363-27 expert concerning the results of paternity testing conducted in the
364-1 case or a statement of paternity, shall be filed with the clerk as
364-2 exhibits to the petition. The petition must identify the exhibits
364-3 that are filed with the clerk.
364-4 Sec. 231.421. DUTIES OF CLERK OF COURT. (a) On the filing
364-5 of a petition for confirmation, the clerk of court shall endorse on
364-6 the petition the date and time that the petition is filed and sign
364-7 the endorsement.
364-8 (b) If the petition is for an original action, the clerk
364-9 shall endorse the appropriate court and cause number on the
364-10 petition.
364-11 (c) If the petition is to confirm an agreed child support
364-12 review order under this subchapter, the clerk shall mail to each
364-13 party, at the address shown on the order, a copy of the petition
364-14 and written notice of the filing of the petition that states the
364-15 court and cause number of the case. The clerk shall note on the
364-16 docket that the notice was mailed.
364-17 (d) If the petition is to confirm an order other than an
364-18 agreed order, the clerk shall issue service of citation, including
364-19 a copy of the petition and the child support review order, to each
364-20 party entitled to service.
364-21 (e) A clerk of a district court is entitled to collect a fee
364-22 for:
364-23 (1) the filing of a petition under this section as
364-24 provided by Section 51.317(b)(1), Government Code;
364-25 (2) the issuance of notice or process as provided by
364-26 Section 51.317(b)(4), Government Code; and
364-27 (3) service of notice or citation as provided by
365-1 Section 51.319(4), Government Code, or as otherwise provided by
365-2 law.
365-3 Sec. 231.422. FORM TO REQUEST A COURT HEARING. (a) A court
365-4 shall consider any responsive pleading that is intended as an
365-5 objection to confirmation of a child support review order,
365-6 including a general denial, as a request for a court hearing.
365-7 (b) A child support agency shall:
365-8 (1) attach a copy of a form to request a court hearing
365-9 to each party's copy of the petition for confirmation of a child
365-10 support review order;
365-11 (2) make available to each clerk of court copies of
365-12 the form to request a court hearing; and
365-13 (3) provide the form to request a court hearing to a
365-14 party to the child support review proceeding on request.
365-15 (c) The clerk shall furnish the form to a party to a
365-16 proceeding under this subchapter on the request of the party.
365-17 Sec. 231.423. TIME TO REQUEST A COURT HEARING; HEARING SUA
365-18 SPONTE. (a) A party may file a request for a court hearing not
365-19 later than the 20th day after the date the petition for
365-20 confirmation of an agreed administrative order is filed or not
365-21 later than the Monday following the 20th day after the date the
365-22 party received service of citation in a case involving the
365-23 confirmation of any other type of order.
365-24 (b) If the court finds that confirmation of a child support
365-25 review order without a hearing would not be in the best interests
365-26 of a child who is the subject of the order, the court may schedule
365-27 a hearing. The order setting the hearing on the confirmation of
366-1 the order shall state the court's specific reasons for conducting
366-2 the hearing.
366-3 Sec. 231.424. CONFIRMATION WITHOUT HEARING. Not later than
366-4 the 30th day after the date a petition for confirmation is filed or
366-5 service is made on the last party required to be served, whichever
366-6 is later, the court shall confirm the child support review order by
366-7 signing an order of confirmation unless a party has filed a timely
366-8 request for hearing or the court has scheduled a hearing.
366-9 Sec. 231.425. EFFECT OF REQUEST FOR HEARING; PLEADING. (a)
366-10 A request for hearing or an order setting a hearing on confirmation
366-11 stays confirmation of the order pending the hearing.
366-12 (b) At a hearing on confirmation, all issues in the child
366-13 support review order shall be heard in a trial de novo.
366-14 (c) The petition for confirmation and the child support
366-15 review order constitute a sufficient pleading for relief on any
366-16 issue addressed in the petition and order.
366-17 Sec. 231.426. TIME FOR COURT HEARING. A court shall hold a
366-18 hearing on the confirmation of a child support review order not
366-19 later than the 30th day after the date the court determines that a
366-20 hearing should be held or the last party to be served files a
366-21 timely request for a court hearing.
366-22 Sec. 231.427. ORDER AFTER HEARING; EFFECT OF CONFIRMATION
366-23 ORDER. (a) After the hearing on the confirmation of a child
366-24 support review order, the court shall:
366-25 (1) if the court finds that the order should be
366-26 confirmed, immediately sign a confirmation order and enter the
366-27 order as an order of the court;
367-1 (2) if the court finds that the relief granted in the
367-2 child support review order is inappropriate, sign an appropriate
367-3 order at the conclusion of the hearing or as soon after the
367-4 conclusion of the hearing as is practical and enter the order as an
367-5 order of the court; or
367-6 (3) if the court finds that all relief should be
367-7 denied, enter an order that denies relief and includes specific
367-8 findings explaining the reasons that relief is denied.
367-9 (b) On the signing of a confirmation order by the judge of
367-10 the court, the child support review order becomes a final judgment
367-11 of the court.
367-12 Sec. 231.428. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
367-13 RELATING TO ESTABLISHMENT OF PATERNITY. (a) If the paternity of a
367-14 child has not been established by court order, the notice of child
367-15 support review served on the parties must include an allegation
367-16 that the alleged father is the biological father of the child. The
367-17 notice shall inform the parties that the alleged father of the
367-18 child may sign a statement of paternity and that any party may
367-19 request that scientifically accepted paternity testing be conducted
367-20 to assist in determining whether the alleged father is the child's
367-21 father.
367-22 (b) A negotiation conference shall be conducted to resolve
367-23 any issues of support in an action in which all parties agree that
367-24 the alleged father is the child's biological father.
367-25 (c) If a party denies that the alleged father is the child's
367-26 biological father or, in the case of a presumed father, if either
367-27 party files a verified denial of paternity, the child support
368-1 agency may schedule paternity testing.
368-2 (d) If paternity testing does not exclude the alleged father
368-3 from being the child's father and a party continues to deny that
368-4 the alleged father is the child's biological father, the child
368-5 support agency may schedule a negotiation conference as provided by
368-6 this subchapter. If the results of a verified written report of a
368-7 paternity testing expert meet the requirements of Chapter 160 for
368-8 issuing a temporary order, the child support agency may issue a
368-9 child support review order.
368-10 (e) If the results of paternity testing exclude the alleged
368-11 or presumed father from being the biological father of the child,
368-12 the child support agency shall issue a child support review order
368-13 that declares that the alleged or presumed father is not the father
368-14 of the child.
368-15 (f) Any party may file a petition for confirmation of a
368-16 child support review order issued under this section.
368-17 Sec. 231.429. ADMINISTRATIVE PROCEDURE LAW NOT APPLICABLE.
368-18 The child support review process under this chapter is not governed
368-19 by the administrative procedure law, Chapter 2001, Government Code.
368-20 Sec. 231.430. EXPIRATION OF SUBCHAPTER. This subchapter
368-21 expires September 1, 1997.
368-22 (Chapters 232-260 reserved for expansion)
368-23 SUBTITLE E. PROTECTION OF THE CHILD
368-24 CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
368-25 SUBCHAPTER A. GENERAL PROVISIONS
368-26 Sec. 261.001. DEFINITIONS. In this chapter:
368-27 (1) "Abuse" includes the following acts or omissions
369-1 by a person:
369-2 (A) mental or emotional injury to a child that
369-3 results in an observable and material impairment in the child's
369-4 growth, development, or psychological functioning;
369-5 (B) causing or permitting the child to be in a
369-6 situation in which the child sustains a mental or emotional injury
369-7 that results in an observable and material impairment in the
369-8 child's growth, development, or psychological functioning;
369-9 (C) physical injury that results in substantial
369-10 harm to the child, or the genuine threat of substantial harm from
369-11 physical injury to the child, including an injury that is at
369-12 variance with the history or explanation given and excluding an
369-13 accident or reasonable discipline by a parent, guardian, or
369-14 managing or possessory conservator that does not expose the child
369-15 to a substantial risk of harm;
369-16 (D) failure to make a reasonable effort to
369-17 prevent an action by another person that results in physical injury
369-18 that results in substantial harm to the child;
369-19 (E) sexual offenses under the Penal Code
369-20 inflicted on, shown to, or intentionally or recklessly practiced in
369-21 the presence of a child, including:
369-22 (i) sexual conduct as defined by Section
369-23 43.01, Penal Code;
369-24 (ii) sexual assault as provided by Section
369-25 22.011, Penal Code; or
369-26 (iii) prohibited sexual conduct as
369-27 provided by Section 25.02, Penal Code;
370-1 (F) failure to make a reasonable effort to
370-2 prevent sexual conduct or sexual assault as defined or provided by
370-3 Sections 43.01 and 22.011, Penal Code, or prohibited sexual conduct
370-4 as provided by Section 25.02, Penal Code, from being inflicted on
370-5 or shown to a child by another person or being intentionally or
370-6 recklessly practiced in the presence of a child by another person;
370-7 (G) compelling or encouraging the child to
370-8 engage in sexual conduct as defined by Section 43.01, Penal Code;
370-9 or
370-10 (H) causing, permitting, encouraging, engaging
370-11 in, or allowing the photographing, filming, or depicting of the
370-12 child if the person knew or should have known that the resulting
370-13 photograph, film, or depiction of the child is obscene as defined
370-14 by Section 43.21, Penal Code, or pornographic.
370-15 (2) "Department" means the Department of Protective
370-16 and Regulatory Services.
370-17 (3) "Designated agency" means the agency designated by
370-18 the court as responsible for the protection of children.
370-19 (4) "Neglect" includes:
370-20 (A) the leaving of a child in a situation where
370-21 the child would be exposed to a substantial risk of harm, without
370-22 arranging for necessary care for the child, and the demonstration
370-23 of an intent not to return by a parent, guardian, or managing or
370-24 possessory conservator of the child;
370-25 (B) the following acts or omissions by a person:
370-26 (i) placing a child in or failing to
370-27 remove a child from a situation that a reasonable person would
371-1 realize requires judgment or actions beyond the child's level of
371-2 maturity, physical condition, or mental abilities and that results
371-3 in bodily injury or a substantial risk of immediate harm to the
371-4 child;
371-5 (ii) failing to seek, obtain, or follow
371-6 through with medical care for a child, with the failure resulting
371-7 in or presenting a substantial risk of death, disfigurement, or
371-8 bodily injury or with the failure resulting in an observable and
371-9 material impairment to the growth, development, or functioning of
371-10 the child; or
371-11 (iii) the failure to provide a child with
371-12 food, clothing, or shelter necessary to sustain the life or health
371-13 of the child, excluding failure caused primarily by financial
371-14 inability unless relief services had been offered and refused; or
371-15 (C) the failure by the person responsible for a
371-16 child's care, custody, or welfare to permit the child to return to
371-17 the child's home without arranging for the necessary care for the
371-18 child after the child has been absent from the home for any reason,
371-19 including having been in residential placement or having run away.
371-20 (5) "Person responsible for a child's care, custody,
371-21 or welfare" means a person who traditionally is responsible for a
371-22 child's care, custody, or welfare, including:
371-23 (A) a parent, guardian, managing or possessory
371-24 conservator, or foster parent of the child;
371-25 (B) a member of the child's family or household
371-26 as defined by Chapter 71;
371-27 (C) a person with whom the child's parent
372-1 cohabits;
372-2 (D) school personnel or a volunteer at the
372-3 child's school; or
372-4 (E) personnel or a volunteer at a public or
372-5 private child-care facility that provides services for the child or
372-6 at a public or private residential institution or facility where
372-7 the child resides.
372-8 (6) "Report" means a report of alleged or suspected
372-9 abuse or neglect of a child.
372-10 Sec. 261.002. CENTRAL REGISTRY. (a) The department shall
372-11 establish and maintain in Austin a central registry of reported
372-12 cases of child abuse or neglect.
372-13 (b) The department may adopt rules necessary to carry out
372-14 this section. The rules shall provide for cooperation with local
372-15 child service agencies, including hospitals, clinics, and schools,
372-16 and cooperation with other states in exchanging reports to effect a
372-17 national registration system.
372-18 Sec. 261.003. APPLICATION TO STUDENTS IN SCHOOL FOR DEAF OR
372-19 SCHOOL FOR BLIND AND VISUALLY IMPAIRED. This chapter applies to
372-20 the investigation of a report of abuse or neglect of a student,
372-21 without regard to the age of the student, in the Texas School for
372-22 the Deaf or the Texas School for the Blind and Visually Impaired.
372-23 (Sections 261.004-261.100 reserved for expansion)
372-24 SUBCHAPTER B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES
372-25 Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT.
372-26 (a) A person having cause to believe that a child's physical or
372-27 mental health or welfare has been or may be adversely affected by
373-1 abuse or neglect by any person shall immediately make a report as
373-2 provided by this subchapter.
373-3 (b) If a professional has cause to believe that a child has
373-4 been or may be abused or neglected, the professional shall make a
373-5 report not later than the 48th hour after the hour the professional
373-6 first suspects that the child has been or may be abused or
373-7 neglected. In this subsection, "professional" means an individual
373-8 who is licensed or certified by the state or who is an employee of
373-9 a facility licensed, certified, or operated by the state and who,
373-10 in the normal course of official duties or duties for which a
373-11 license or certification is required, has direct contact with
373-12 children. The term includes teachers, nurses, doctors, and
373-13 day-care employees.
373-14 Sec. 261.102. MATTERS TO BE REPORTED. A report should
373-15 reflect the reporter's belief that a child:
373-16 (1) has been or may be abused or neglected or has died
373-17 of abuse or neglect;
373-18 (2) has violated the compulsory school attendance laws
373-19 on three or more occasions; or
373-20 (3) has, on three or more occasions, been voluntarily
373-21 absent from home without the consent of the child's parent or
373-22 guardian for a substantial length of time or without the intent to
373-23 return.
373-24 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. A report
373-25 shall be made to:
373-26 (1) any local or state law enforcement agency;
373-27 (2) the department;
374-1 (3) the state agency that operates, licenses,
374-2 certifies, or registers the facility in which the alleged abuse or
374-3 neglect occurred; or
374-4 (4) the agency designated by the court to be
374-5 responsible for the protection of children.
374-6 Sec. 261.104. CONTENTS OF REPORT. The person making a
374-7 report shall identify, if known:
374-8 (1) the name and address of the child;
374-9 (2) the name and address of the person responsible for
374-10 the care of the child; and
374-11 (3) any other pertinent information concerning the
374-12 alleged or suspected abuse or neglect.
374-13 Sec. 261.105. REFERRAL OF REPORT BY DEPARTMENT OR LAW
374-14 ENFORCEMENT. (a) All reports received by a local or state law
374-15 enforcement agency that allege abuse or neglect by a person
374-16 responsible for a child's care, custody, or welfare shall be
374-17 referred to the department or the designated agency.
374-18 (b) The department or designated agency shall immediately
374-19 notify the appropriate state or local law enforcement agency of any
374-20 report it receives, other than a report from a law enforcement
374-21 agency, that concerns the suspected abuse or neglect of a child or
374-22 death of a child from abuse or neglect.
374-23 (c) In addition to notifying a law enforcement agency, if
374-24 the report relates to a child in a facility operated, licensed,
374-25 certified, or registered by a state agency, the department shall
374-26 refer the report to the agency for investigation.
374-27 (d) If the department initiates an investigation and
375-1 determines that the abuse or neglect does not involve a person
375-2 responsible for the child's care, custody, or welfare, the
375-3 department shall refer the report to a law enforcement agency for
375-4 further investigation.
375-5 Sec. 261.106. IMMUNITIES. (a) Except for a person who
375-6 reports the person's own conduct or who acts in bad faith or with
375-7 malicious purpose, a person reporting or assisting in the
375-8 investigation of a report under this chapter is immune from civil
375-9 or criminal liability that might otherwise be incurred or imposed.
375-10 (b) Immunity extends to participation in a judicial
375-11 proceeding resulting from the report.
375-12 Sec. 261.107. FALSE REPORT; PENALTY. (a) A person commits
375-13 an offense if the person knowingly or intentionally makes a report
375-14 as provided in this chapter that the person knows is false or lacks
375-15 factual foundation. An offense under this subsection is a Class B
375-16 misdemeanor.
375-17 (b) If, in connection with a pending suit affecting the
375-18 parent-child relationship, a parent of a child makes a report
375-19 alleging child abuse by the other parent that the parent making the
375-20 report knows is false or lacks factual foundation, evidence of the
375-21 report is admissible in a suit between the parents involving terms
375-22 of conservatorship.
375-23 Sec. 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING.
375-24 (a) In this section:
375-25 (1) "Claim" means an action or claim by a party,
375-26 including a plaintiff, counterclaimant, cross-claimant, or
375-27 third-party plaintiff, requesting recovery of damages.
376-1 (2) "Defendant" means a party against whom a claim is
376-2 made.
376-3 (b) A court shall award a defendant reasonable attorney's
376-4 fees and other expenses related to the defense of a claim filed
376-5 against the defendant for damages or other relief arising from
376-6 reporting or assisting in the investigation of a report under this
376-7 chapter or participating in a judicial proceeding resulting from
376-8 the report if:
376-9 (1) the court finds that the claim is frivolous,
376-10 unreasonable, or without foundation because the defendant is immune
376-11 from liability under Section 261.106; and
376-12 (2) the claim is dismissed or judgment is rendered for
376-13 the defendant.
376-14 (c) To recover under this section, the defendant must, at
376-15 any time after the filing of a claim, file a written motion stating
376-16 that:
376-17 (1) the claim is frivolous, unreasonable, or without
376-18 foundation because the defendant is immune from liability under
376-19 Section 261.106; and
376-20 (2) the defendant requests the court to award
376-21 reasonable attorney's fees and other expenses related to the
376-22 defense of the claim.
376-23 Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person
376-24 commits an offense if the person has cause to believe that a
376-25 child's physical or mental health or welfare has been or may be
376-26 adversely affected by abuse or neglect and knowingly fails to
376-27 report as provided in this chapter.
377-1 (b) An offense under this section is a Class B misdemeanor.
377-2 (Sections 261.110-261.200 reserved for expansion)
377-3 SUBCHAPTER C. CONFIDENTIALITY AND PRIVILEGED COMMUNICATION
377-4 Sec. 261.201. CONFIDENTIALITY. (a) Except as provided in
377-5 Subsections (b) and (c), the reports, records, and working papers
377-6 used or developed in an investigation under this chapter are
377-7 confidential and may be disclosed only for purposes consistent with
377-8 the purposes of this code under rules adopted by the investigating
377-9 agency.
377-10 (b) The adoptive parents of a child who was the subject of
377-11 an investigation and an adult who was the subject of an
377-12 investigation as a child are entitled to examine and make copies of
377-13 any report, record, working paper, or other information in the
377-14 possession, custody, or control of the state that pertains to the
377-15 history of the child. The department may edit the documents to
377-16 protect the identity of the biological parents and any other person
377-17 whose identity is confidential.
377-18 (c) Before placing a child who was the subject of an
377-19 investigation, the department shall notify the prospective adoptive
377-20 parents of their right to examine any report, record, working
377-21 paper, or other information in the possession, custody, or control
377-22 of the state that pertains to the history of the child.
377-23 (d) The department shall provide prospective adoptive
377-24 parents an opportunity to examine information under this section as
377-25 early as practicable before placing a child.
377-26 Sec. 261.202. PRIVILEGED COMMUNICATION. In a proceeding
377-27 regarding the abuse or neglect of a child, evidence may not be
378-1 excluded on the ground of privileged communication except in the
378-2 case of communications between an attorney and client.
378-3 (Sections 261.203-261.300 reserved for expansion)
378-4 SUBCHAPTER D. INVESTIGATIONS
378-5 Sec. 261.301. INVESTIGATION OF REPORT. (a) The department
378-6 or designated agency shall make a prompt and thorough investigation
378-7 of a report of child abuse or neglect allegedly committed by a
378-8 person responsible for a child's care, custody, or welfare.
378-9 (b) A state agency shall investigate a report that alleges
378-10 abuse or neglect occurred in a facility operated, licensed,
378-11 certified, or registered by that agency as provided by Subchapter
378-12 E.
378-13 (c) The department is not required to investigate a report
378-14 that alleges child abuse or neglect by a person other than a person
378-15 responsible for a child's care, custody, or welfare. The
378-16 appropriate state or local law enforcement agency shall investigate
378-17 that report if the agency determines an investigation should be
378-18 conducted.
378-19 (d) The department may by rule assign priorities to
378-20 investigations based on the severity and immediacy of the alleged
378-21 harm to the child. The primary purpose of the investigation shall
378-22 be the protection of the child.
378-23 (e) As necessary to complete a thorough investigation, the
378-24 department or designated agency shall determine:
378-25 (1) the nature, extent, and cause of the abuse or
378-26 neglect;
378-27 (2) the identity of the person responsible for the
379-1 abuse or neglect;
379-2 (3) the names and conditions of the other children in
379-3 the home;
379-4 (4) an evaluation of the parents or persons
379-5 responsible for the care of the child;
379-6 (5) the adequacy of the home environment;
379-7 (6) the relationship of the child to the persons
379-8 responsible for the care, custody, or welfare of the child; and
379-9 (7) all other pertinent data.
379-10 Sec. 261.302. CONDUCT OF INVESTIGATION. (a) The
379-11 investigation may include:
379-12 (1) a visit to the child's home, unless the alleged
379-13 abuse or neglect can be confirmed or clearly ruled out without a
379-14 home visit; and
379-15 (2) an interview with and examination of the subject
379-16 child, which may include a medical, psychological, or psychiatric
379-17 examination.
379-18 (b) The interview with and examination of the child may:
379-19 (1) be conducted at any reasonable time and place,
379-20 including the child's home or the child's school; and
379-21 (2) include the presence of persons the department or
379-22 designated agency determines are necessary.
379-23 (c) The investigation may include an interview with the
379-24 child's parents and an interview with and medical, psychological,
379-25 or psychiatric examination of any child in the home.
379-26 Sec. 261.303. COURT ORDER TO ASSIST INVESTIGATION. (a) If
379-27 admission to the home, school, or any place where the child may be
380-1 cannot be obtained, then for good cause shown the court having
380-2 family law jurisdiction shall order the parent, the person
380-3 responsible for the care of the children, or the person in charge
380-4 of any place where the child may be to allow entrance for the
380-5 interview, examination, and investigation.
380-6 (b) If a parent or person responsible for the child's care
380-7 does not consent to a medical, psychological, or psychiatric
380-8 examination of the child that is requested by the department or
380-9 designated agency, the court having family law jurisdiction shall,
380-10 for good cause shown, order the examination to be made at the times
380-11 and places designated by the court.
380-12 Sec. 261.304. INVESTIGATION OF ANONYMOUS REPORT. (a) If
380-13 the department receives an anonymous report of child abuse or
380-14 neglect by a person responsible for a child's care, custody, or
380-15 welfare, the department shall conduct a preliminary investigation
380-16 to determine whether there is any evidence to corroborate the
380-17 report.
380-18 (b) An investigation under this section may include a visit
380-19 to the child's home and an interview with and examination of the
380-20 child and an interview with the child's parents. In addition, the
380-21 department may interview any other person the department believes
380-22 may have relevant information.
380-23 (c) Unless the department determines that there is some
380-24 evidence to corroborate the report of abuse, the department may not
380-25 conduct the thorough investigation required by this chapter or take
380-26 any action against the person accused of abuse.
380-27 Sec. 261.305. ACCESS TO MENTAL HEALTH RECORDS. (a) An
381-1 investigation may include an inquiry into the possibility that the
381-2 child, a parent, or a person responsible for the care of the child
381-3 has a history of mental illness.
381-4 (b) If the parent or person responsible for the care of the
381-5 child does not allow the department or designated agency to have
381-6 access to mental health records requested by the department or
381-7 agency, the court having family law jurisdiction, for good cause
381-8 shown, shall order that the department or agency be permitted to
381-9 have access to the records under terms and conditions prescribed by
381-10 the court.
381-11 (c) If the court determines that the parent or person
381-12 responsible for the care of the child is indigent, the court shall
381-13 appoint an attorney to represent the parent or person responsible
381-14 for the child at the hearing to obtain mental health records. The
381-15 fees for the appointed attorney shall be paid by the department or
381-16 designated agency.
381-17 (d) A parent or person responsible for the child's care is
381-18 entitled to notice and a hearing when the department or designated
381-19 agency seeks a court order to allow a medical, psychological, or
381-20 psychiatric examination or access to mental health records.
381-21 (e) This access does not constitute a waiver of
381-22 confidentiality.
381-23 Sec. 261.306. REMOVAL OF CHILD FROM STATE. (a) If the
381-24 department or designated agency has reason to believe that a person
381-25 responsible for the care, custody, or welfare of the child may
381-26 remove the child from the state before the investigation is
381-27 completed, the department or designated agency may file an
382-1 application for a temporary restraining order in a district court
382-2 without regard to continuing jurisdiction of the child as provided
382-3 in Chapter 155.
382-4 (b) The court may render a temporary restraining order
382-5 prohibiting the person from removing the child from the state
382-6 pending completion of the investigation if the court:
382-7 (1) finds that the department or designated agency has
382-8 probable cause to conduct the investigation; and
382-9 (2) has reason to believe that the person may remove
382-10 the child from the state.
382-11 Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
382-12 PROCEDURE. As soon as possible after initiating an investigation
382-13 of a parent or other person having legal custody of a child, the
382-14 department shall provide to the person a brief and easily
382-15 understood summary of:
382-16 (1) the department's procedures for conducting an
382-17 investigation of alleged child abuse or neglect, including:
382-18 (A) a description of the circumstances under
382-19 which the department would request to remove the child from the
382-20 home through the judicial system; and
382-21 (B) an explanation that the law requires the
382-22 department to refer all reports of alleged child abuse or neglect
382-23 to a law enforcement agency for a separate determination of whether
382-24 a criminal violation occurred;
382-25 (2) the person's right to file a complaint with the
382-26 department or to request a review of the findings made by the
382-27 department in the investigation;
383-1 (3) the person's right to review all records of the
383-2 investigation unless the review would jeopardize an ongoing
383-3 criminal investigation;
383-4 (4) the person's right to seek legal counsel;
383-5 (5) references to the statutory and regulatory
383-6 provisions governing child abuse and neglect and how the person may
383-7 obtain copies of those provisions; and
383-8 (6) the process the person may use to acquire access
383-9 to the child if the child is removed from the home.
383-10 Sec. 261.308. SUBMISSION OF INVESTIGATION REPORT. (a) The
383-11 department or designated agency shall make a complete written
383-12 report of the investigation.
383-13 (b) If sufficient grounds for filing a suit exist, the
383-14 department or designated agency shall submit the report, together
383-15 with recommendations, to the court, the district attorney, and the
383-16 appropriate law enforcement agency.
383-17 Sec. 261.309. REVIEW OF DEPARTMENT INVESTIGATIONS. (a) The
383-18 department shall by rule establish policies and procedures to
383-19 resolve complaints relating to and conduct reviews of child abuse
383-20 or neglect investigations conducted by the department.
383-21 (b) If a person under investigation for allegedly abusing or
383-22 neglecting a child requests clarification of the status of the
383-23 person's case or files a complaint relating to the conduct of the
383-24 department's staff or to department policy, the department shall
383-25 conduct an informal review to clarify the person's status or
383-26 resolve the complaint. The immediate supervisor of the employee
383-27 who conducted the child abuse or neglect investigation or against
384-1 whom the complaint was filed shall conduct the informal review as
384-2 soon as possible but not later than the 14th day after the date the
384-3 request or complaint is received.
384-4 (c) If, after the department's investigation, the person who
384-5 is alleged to have abused or neglected a child disputes the
384-6 department's determination of whether child abuse or neglect
384-7 occurred, the person may request an administrative review of the
384-8 findings. A department employee in administration who was not
384-9 involved in or did not directly supervise the investigation shall
384-10 conduct the review. The review must sustain, alter, or reverse the
384-11 department's original findings in the investigation.
384-12 (d) Unless a civil or criminal court proceeding or an
384-13 ongoing criminal investigation relating to the alleged abuse or
384-14 neglect investigated by the department is pending, the department
384-15 employee shall conduct the review prescribed by Subsection (c) as
384-16 soon as possible but not later than the 45th day after the date the
384-17 department receives the request. If a civil or criminal court
384-18 proceeding or an ongoing criminal investigation is pending, the
384-19 department may postpone the review until the court proceeding is
384-20 completed.
384-21 (e) A person is not required to exhaust the remedies
384-22 provided by this section before pursuing a judicial remedy provided
384-23 by law.
384-24 (f) This section does not provide for a review of an order
384-25 rendered by a court.
384-26 Sec. 261.310. INVESTIGATION STANDARDS. (a) The department
384-27 shall by rule develop and adopt voluntary standards for persons who
385-1 investigate suspected child abuse or neglect at the state or local
385-2 level. The standards shall encourage professionalism and
385-3 consistency in the investigation of suspected child abuse or
385-4 neglect.
385-5 (b) The standards must provide for a minimum number of hours
385-6 of annual professional training for interviewers and investigators
385-7 of suspected child abuse or neglect.
385-8 (c) The professional training curriculum developed under
385-9 this section shall include information concerning:
385-10 (1) physical abuse and neglect, including
385-11 distinguishing physical abuse from ordinary childhood injuries;
385-12 (2) psychological abuse and neglect;
385-13 (3) available treatment resources; and
385-14 (4) the incidence and types of reports of child abuse
385-15 and neglect that are received by the investigating agencies,
385-16 including information concerning false reports.
385-17 (d) The standards shall recommend:
385-18 (1) that videotaped and audiotaped interviews with a
385-19 suspected victim be uninterrupted;
385-20 (2) a maximum number of interviews with and
385-21 examinations of a suspected victim;
385-22 (3) procedures to preserve evidence, including the
385-23 original notes, videotapes, and audiotapes; and
385-24 (4) that an investigator of suspected child abuse or
385-25 neglect make a reasonable effort to locate and inform each parent
385-26 of a child of any report of abuse or neglect relating to the child.
385-27 Sec. 261.311. NOTICE OF INTERVIEW OR EXAMINATION. If,
386-1 during an investigation, a representative of the department or the
386-2 designated agency conducts an interview with or an examination of a
386-3 child, the department or designated agency shall make a reasonable
386-4 effort before 24 hours after the time of the interview or
386-5 examination to notify each parent of the child and the child's
386-6 legal guardian, if one has been appointed, that the interview or
386-7 examination was conducted.
386-8 (Sections 261.312-261.400 reserved for expansion)
386-9 SUBCHAPTER E. INVESTIGATIONS OF ABUSE OR NEGLECT
386-10 IN CERTAIN FACILITIES
386-11 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency
386-12 that operates, licenses, certifies, or registers a facility in
386-13 which children are located shall make a prompt, thorough
386-14 investigation of a report that a child has been or may be abused or
386-15 neglected in the facility. The primary purpose of the
386-16 investigation shall be the protection of the child.
386-17 (b) A state agency shall notify the department of each
386-18 report of abuse or neglect it receives under this subchapter
386-19 relating to abuse or neglect in a facility operated by the agency
386-20 according to rules adopted by the department.
386-21 (c) A state agency shall adopt rules relating to the
386-22 investigation and resolution of reports received under this
386-23 subchapter. The Health and Human Services Commission shall review
386-24 and approve the rules to ensure that all agencies implement
386-25 appropriate standards for the conduct of investigations and that
386-26 uniformity exists among agencies in the investigation and
386-27 resolution of reports.
387-1 Sec. 261.402. INVESTIGATIVE REPORTS. (a) A state agency
387-2 shall prepare and keep on file a complete written report of each
387-3 investigation conducted by the agency under this subchapter.
387-4 (b) If the investigation relates to a report of abuse or
387-5 neglect in a facility operated by a state agency, the agency
387-6 responsible for the investigation shall submit a copy of the
387-7 investigative report to the department.
387-8 (c) If the state agency finds that a child has been or may
387-9 be abused or neglected, the agency shall submit a copy of the
387-10 report of its investigation to the appropriate law enforcement
387-11 agency.
387-12 (d) A state agency that licenses, certifies, or registers a
387-13 facility in which children are located shall compile, maintain, and
387-14 make available statistics on the incidence of child abuse and
387-15 neglect in the facility.
387-16 (e) The department shall compile, maintain, and make
387-17 available statistics on the incidence of child abuse and neglect in
387-18 a facility operated by a state agency.
387-19 Sec. 261.403. COMPLAINTS. (a) If a state agency receives a
387-20 complaint relating to an investigation conducted by the agency
387-21 concerning a facility operated by that agency in which children are
387-22 located, the agency shall refer the complaint to the agency's
387-23 board.
387-24 (b) The board of a state agency that operates a facility in
387-25 which children are located shall ensure that the procedure for
387-26 investigating abuse and neglect allegations and inquiries in the
387-27 agency's facility is periodically reviewed under the agency's
388-1 internal audit program required by Chapter 2102, Government Code.
388-2 CHAPTER 262. EMERGENCY PROCEDURES IN SUIT BY
388-3 GOVERNMENTAL ENTITY
388-4 SUBCHAPTER A. GENERAL PROVISIONS
388-5 Sec. 262.001. AUTHORIZED ACTIONS BY GOVERNMENTAL ENTITY. A
388-6 governmental entity with an interest in the child may file a suit
388-7 affecting the parent-child relationship requesting an emergency
388-8 order or take possession of a child without a court order as
388-9 provided by this chapter.
388-10 Sec. 262.002. JURISDICTION FOR EMERGENCY PROCEDURES. A suit
388-11 brought by a governmental entity requesting an emergency order
388-12 under this chapter may be filed in a court with jurisdiction to
388-13 hear the suit in the county in which the child is found.
388-14 Sec. 262.003. CIVIL LIABILITY. A person who takes
388-15 possession of a child without a court order is immune from civil
388-16 liability if, at the time possession is taken, there is reasonable
388-17 cause to believe there is an immediate danger to the physical
388-18 health or safety of the child.
388-19 Sec. 262.004. ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
388-20 CHILD. An authorized representative of the Department of
388-21 Protective and Regulatory Services, a law enforcement officer, or a
388-22 juvenile probation officer may take possession of a child without a
388-23 court order on the voluntary delivery of the child by the parent,
388-24 managing conservator, possessory conservator, guardian, caretaker,
388-25 or custodian who is presently entitled to possession of the child.
388-26 Sec. 262.005. FILING PETITION AFTER ACCEPTING VOLUNTARY
388-27 DELIVERY OF POSSESSION OF CHILD. When possession of the child has
389-1 been acquired through voluntary delivery of the child to a
389-2 governmental entity, the entity taking the child into possession
389-3 shall cause a suit to be filed not later than the 60th day after
389-4 the date the child is taken into possession.
389-5 Sec. 262.006. LIVING CHILD AFTER ABORTION. (a) An
389-6 authorized representative of the Department of Protective and
389-7 Regulatory Services may assume the care, control, and custody of a
389-8 child born alive as the result of an abortion as defined by Chapter
389-9 161.
389-10 (b) The department shall file a suit and request an
389-11 emergency order under this chapter.
389-12 (c) A child for whom possession is assumed under this
389-13 section need not be delivered to the court except on the order of
389-14 the court.
389-15 (Sections 262.007-262.100 reserved for expansion)
389-16 SUBCHAPTER B. TAKING POSSESSION OF CHILD IN EMERGENCY
389-17 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
389-18 CHILD. A petition or affidavit filed by a governmental entity
389-19 requesting permission to take possession of a child in an emergency
389-20 shall be sworn to by a person with personal knowledge and shall
389-21 state facts sufficient to satisfy a person of ordinary prudence and
389-22 caution that:
389-23 (1) there is an immediate danger to the physical
389-24 health or safety of the child or the child has been a victim of
389-25 sexual abuse; and
389-26 (2) there is no time, consistent with the physical
389-27 health or safety of the child, for an adversary hearing.
390-1 Sec. 262.102. EMERGENCY ORDER AUTHORIZING POSSESSION OF
390-2 CHILD. (a) Before a court may issue a temporary restraining order
390-3 or attachment of a child in a suit requesting an emergency order
390-4 brought by a governmental entity, the court must be satisfied from
390-5 a sworn petition or affidavit that:
390-6 (1) there is an immediate danger to the physical
390-7 health or safety of the child or the child has been a victim of
390-8 sexual abuse; and
390-9 (2) there is no time, consistent with the physical
390-10 health or safety of the child, for an adversary hearing.
390-11 (b) In determining whether there is an immediate danger to
390-12 the physical health or safety of a child, the court may consider
390-13 whether the person who has possession of the child has:
390-14 (1) abused or neglected another child in a manner that
390-15 caused serious injury to or the death of the other child; or
390-16 (2) sexually abused another child.
390-17 Sec. 262.103. DURATION OF TEMPORARY RESTRAINING ORDER AND
390-18 ATTACHMENT. A temporary restraining order or attachment of the
390-19 child issued under this chapter expires not later than 14 days
390-20 after the date it is issued unless it is extended as provided by
390-21 the Texas Rules of Civil Procedure.
390-22 Sec. 262.104. TAKING POSSESSION OF A CHILD IN EMERGENCY
390-23 WITHOUT A COURT ORDER. If there is no time to obtain a temporary
390-24 restraining order or attachment before taking possession of a child
390-25 consistent with the health and safety of that child, an authorized
390-26 representative of the Department of Protective and Regulatory
390-27 Services, a law enforcement officer, or a juvenile probation
391-1 officer may take possession of a child without a court order under
391-2 the following conditions, only:
391-3 (1) on personal knowledge of facts that would lead a
391-4 person of ordinary prudence and caution to believe that there is an
391-5 immediate danger to the physical health or safety of the child;
391-6 (2) on information furnished by another that has been
391-7 corroborated by personal knowledge of facts and all of which taken
391-8 together would lead a person of ordinary prudence and caution to
391-9 believe that there is an immediate danger to the physical health or
391-10 safety of the child;
391-11 (3) on personal knowledge of facts that would lead a
391-12 person of ordinary prudence and caution to believe that the child
391-13 has been the victim of sexual abuse; or
391-14 (4) on information furnished by another that has been
391-15 corroborated by personal knowledge of facts and all of which taken
391-16 together would lead a person of ordinary prudence and caution to
391-17 believe that the child has been the victim of sexual abuse.
391-18 Sec. 262.105. FILING PETITION AFTER TAKING POSSESSION OF
391-19 CHILD IN EMERGENCY. When a child is taken into possession without
391-20 a court order, the person taking the child into possession, without
391-21 unnecessary delay, shall:
391-22 (1) file a suit affecting the parent-child
391-23 relationship;
391-24 (2) request the court to appoint an attorney ad litem
391-25 for the child; and
391-26 (3) request an initial hearing to be held by no later
391-27 than the first working day after the date the child is taken into
392-1 possession.
392-2 Sec. 262.106. INITIAL HEARING AFTER TAKING POSSESSION OF
392-3 CHILD IN EMERGENCY WITHOUT COURT ORDER. (a) The court in which a
392-4 suit has been filed after a child has been taken into possession
392-5 without a court order by a governmental entity shall hold an
392-6 initial hearing on or before the first working day after the date
392-7 the child is taken into possession. The court shall render orders
392-8 that are necessary to protect the physical health and safety of the
392-9 child. If the court is unavailable for a hearing on the first
392-10 working day, then, and only in that event, the hearing shall be
392-11 held no later than the first working day after the court becomes
392-12 available, provided that the hearing is held no later than the
392-13 third working day after the child is taken into possession.
392-14 (b) The initial hearing may be ex parte and proof may be by
392-15 sworn petition or affidavit if a full adversary hearing is not
392-16 practicable.
392-17 (c) If the initial hearing is not held within the time
392-18 required, the child shall be returned to the parent, managing
392-19 conservator, possessory conservator, guardian, caretaker, or
392-20 custodian who is presently entitled to possession of the child.
392-21 Sec. 262.107. STANDARD FOR DECISION AT INITIAL HEARING AFTER
392-22 TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY. (a)
392-23 The court shall order the return of the child at the initial
392-24 hearing regarding a child taken in possession without a court order
392-25 by a governmental entity unless the court is satisfied that:
392-26 (1) there is a continuing danger to the physical
392-27 health or safety of the child if the child is returned to the
393-1 parent, managing conservator, possessory conservator, guardian,
393-2 caretaker, or custodian who is presently entitled to possession of
393-3 the child; or
393-4 (2) the evidence shows that the child has been the
393-5 victim of sexual abuse on one or more occasions and that there is a
393-6 reasonable likelihood that the child will be the victim of sexual
393-7 abuse in the future.
393-8 (b) In determining whether there is a continuing danger to
393-9 the physical health or safety of a child, the court may consider
393-10 whether the person to whom the child would be returned has abused
393-11 or neglected another child in a manner that caused serious injury
393-12 to or the death of the other child.
393-13 Sec. 262.108. UNACCEPTABLE FACILITIES FOR HOUSING CHILD.
393-14 When a child is taken into possession under this chapter, that
393-15 child may not be held in isolation or in a jail or juvenile
393-16 detention facility.
393-17 Sec. 262.109. NOTICE TO PARENT, CONSERVATOR, OR GUARDIAN.
393-18 (a) The department or other agency must give written notice as
393-19 prescribed by this section to the child's parent, conservator, or
393-20 legal guardian when a representative of the Department of
393-21 Protective and Regulatory Services or other agency takes possession
393-22 of a child under this chapter.
393-23 (b) The written notice must be given as soon as practicable,
393-24 but in any event not later than the first working day after the
393-25 date the child is taken into possession.
393-26 (c) The written notice must include:
393-27 (1) the reasons why the department or agency is taking
394-1 possession of the child and the facts that led the department to
394-2 believe that the child should be taken into custody;
394-3 (2) the name of the person at the department or agency
394-4 that the parent, conservator, or other custodian may contact for
394-5 information relating to the child or a legal proceeding relating to
394-6 the child;
394-7 (3) a summary of legal rights of a parent,
394-8 conservator, guardian, or other custodian under this chapter and an
394-9 explanation of the probable legal procedures relating to the child;
394-10 and
394-11 (4) a statement that the parent, conservator, or other
394-12 custodian has the right to hire an attorney.
394-13 (d) The written notice may be waived by the court at the
394-14 initial hearing on a showing that the parents, conservators, or
394-15 other custodians of the child could not be located.
394-16 Sec. 262.110. TAKING POSSESSION OF CHILD IN EMERGENCY WITH
394-17 INTENT TO RETURN HOME. An authorized representative of the
394-18 Department of Protective and Regulatory Services, a law enforcement
394-19 officer, or a juvenile probation officer may take temporary
394-20 possession of a child without a court order on discovery of a child
394-21 in a situation of danger to the child's physical health or safety
394-22 when the sole purpose is to deliver the child without unnecessary
394-23 delay to the parent, managing conservator, possessory conservator,
394-24 guardian, caretaker, or custodian who is presently entitled to
394-25 possession of the child.
394-26 (Sections 262.111-262.200 reserved for expansion)
394-27 SUBCHAPTER C. ADVERSARY HEARING
395-1 Sec. 262.201. FULL ADVERSARY HEARING. (a) Unless the child
395-2 has already been returned to the parent, managing conservator,
395-3 possessory conservator, guardian, caretaker, or custodian entitled
395-4 to possession and the temporary order, if any, has been dissolved,
395-5 a full adversary hearing shall be held not later than the 14th day
395-6 after the date the child was taken into possession by the
395-7 governmental entity.
395-8 (b) At the conclusion of the full adversary hearing, the
395-9 court shall order the return of the child to the parent, managing
395-10 conservator, possessory conservator, guardian, caretaker, or
395-11 custodian entitled to possession unless the court finds sufficient
395-12 evidence to satisfy a person of ordinary prudence and caution that:
395-13 (1) there was a danger to the physical health or
395-14 safety of the child which was caused by an act or failure to act of
395-15 the person entitled to possession; and
395-16 (2) there is a reasonable probability of a continuing
395-17 danger if the child is returned home.
395-18 (c) If the court finds sufficient evidence to satisfy a
395-19 person of ordinary prudence and caution that there is a continuing
395-20 danger to the physical health or safety of the child, the court
395-21 shall issue an appropriate temporary order under Chapter 105.
395-22 (d) In determining whether there is a continuing danger to
395-23 the physical health or safety of the child, the court may consider
395-24 whether the person to whom the child would be returned has abused
395-25 or neglected another child in a manner that caused serious injury
395-26 to or the death of the other child.
395-27 Sec. 262.202. IDENTIFICATION OF COURT OF CONTINUING,
396-1 EXCLUSIVE JURISDICTION. If at the conclusion of the full adversary
396-2 hearing the court renders a temporary order, the governmental
396-3 entity shall request identification of a court of continuing,
396-4 exclusive jurisdiction as provided by Chapter 155.
396-5 Sec. 262.203. TRANSFER OF SUIT. On the motion of a party or
396-6 the court's own motion, if applicable, the court that rendered the
396-7 temporary order shall transfer the suit in accordance with
396-8 procedures provided by Chapter 155:
396-9 (1) to the court of continuing, exclusive
396-10 jurisdiction, if any; or
396-11 (2) if there is no court of continuing jurisdiction,
396-12 to the court having venue of the suit affecting the parent-child
396-13 relationship under Chapter 103.
396-14 Sec. 262.204. TEMPORARY ORDER IN EFFECT UNTIL SUPERSEDED.
396-15 (a) A temporary order rendered under this chapter is valid and
396-16 enforceable until properly superseded by a court with jurisdiction
396-17 to do so.
396-18 (b) A court to which the suit has been transferred may
396-19 enforce by contempt or otherwise a temporary order properly issued
396-20 under this chapter.
396-21 CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER
396-22 CARE OF DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
396-23 SUBCHAPTER A. GENERAL PROVISIONS
396-24 Sec. 263.001. Definitions. (a) In this chapter:
396-25 (1) "Department" means the Department of Protective
396-26 and Regulatory Services.
396-27 (2) "Child's home" means the place of residence of the
397-1 child's parents.
397-2 (b) In the preparation and review of a service plan under
397-3 this chapter, a reference to the parents of the child includes both
397-4 parents of the child unless the child has only one parent or
397-5 unless, after due diligence by the department in attempting to
397-6 locate a parent, only one parent is located, in which case the
397-7 reference is to the remaining parent.
397-8 Sec. 263.002. Review of Placements by Court. In a suit
397-9 affecting the parent-child relationship in which the department or
397-10 an authorized agency has been appointed by the court or designated
397-11 in an affidavit of relinquishment of parental rights as the
397-12 temporary or permanent managing conservator of a child, the court
397-13 shall hold a hearing to review the conservatorship appointment and
397-14 the department's or authorized agency's placement of the child in
397-15 foster home care, group home care, or institutional care.
397-16 Sec. 263.003. Voluntary Placements: Suit. (a) A parent,
397-17 managing conservator, or guardian of a child and the department may
397-18 voluntarily agree to the surrender of the custody, care, or control
397-19 of a child.
397-20 (b) Not later than 60 days after taking possession of or
397-21 exercising control of the child, the department shall file a suit
397-22 affecting the parent-child relationship under Chapter 155 in the
397-23 court of continuing jurisdiction, if any, or in the court with
397-24 proper venue under Chapter 103.
397-25 (c) The department shall request a review of the placement
397-26 of the child in foster home care, group home care, or institutional
397-27 care, and its petition shall state that the purpose of the suit is
398-1 to initiate periodic review of the necessity and propriety of the
398-2 child's placement under this chapter.
398-3 (d) A copy of the agreement between the department and the
398-4 parent, managing conservator, or guardian of the child shall be
398-5 filed with the petition.
398-6 Sec. 263.004. When Child is at Home. (a) If the department
398-7 or authorized agency returns a child to a parent for custody, care,
398-8 or control, the department or authorized agency shall notify the
398-9 court having continuing jurisdiction of the suit of the
398-10 department's action and, so long as the child remains under the
398-11 custody, care, or control of the parent, no review of that
398-12 placement is required under this chapter.
398-13 (b) If a child has been returned to a parent and the
398-14 department or authorized agency resumes the custody, care, or
398-15 control of the child or designates a person other than a parent to
398-16 have the custody, care, or control of the child, the department or
398-17 authorized agency shall notify the court of its action.
398-18 (c) If the department or authorized agency resumes the
398-19 custody, care, or control of a child or designates a person other
398-20 than a parent to have the custody, care, or control of the child
398-21 within three months after returning the child to a parent, the
398-22 period that the child was under the custody, care, or control of
398-23 his or her parent may not be considered in determining the date for
398-24 the next placement review hearing.
398-25 (Sections 263.005-263.100 reserved for expansion)
398-26 SUBCHAPTER B. SERVICE PLAN
398-27 Sec. 263.101. Department to File Service Plan. Not later
399-1 than the 45th day after the date of the conclusion of a full
399-2 adversary hearing under Chapter 262, the department or other agency
399-3 appointed as the managing conservator of a child shall file a
399-4 service plan.
399-5 Sec. 263.102. SERVICE PLAN; CONTENTS. (a) The service plan
399-6 must:
399-7 (1) be specific;
399-8 (2) be in writing;
399-9 (3) be prepared by the department or other agency in
399-10 conference with the child's parents;
399-11 (4) state appropriate deadlines;
399-12 (5) state whether the goal of the plan is:
399-13 (A) return of the child to the child's parents;
399-14 (B) termination of parental rights and placement
399-15 of the child for adoption; or
399-16 (C) because of the child's special needs or
399-17 exceptional circumstances, continuation of the child's care out of
399-18 the child's home;
399-19 (6) state steps that are necessary to:
399-20 (A) return the child to the child's home if the
399-21 placement is in foster care;
399-22 (B) enable the child to remain in the child's
399-23 home with the assistance of a service plan if the placement is in
399-24 the home under the department's or other agency's supervision; or
399-25 (C) otherwise provide a permanent safe placement
399-26 for the child;
399-27 (7) state the actions and responsibilities that are
400-1 necessary for the child's parents to take to achieve the plan goal
400-2 during the period of the service plan and the assistance to be
400-3 provided to the parents by the department or other authorized
400-4 agency toward meeting that goal;
400-5 (8) state the name of the person with the department
400-6 or other agency whom the child's parents may contact for
400-7 information relating to the child if other than the person
400-8 preparing the plan; and
400-9 (9) prescribe any other term or condition that the
400-10 department or other agency determines to be necessary to the
400-11 service plan's success.
400-12 (b) The service plan shall include the following statement:
400-13 TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS
400-14 PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT
400-15 WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE
400-16 UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT,
400-17 YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR
400-18 TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. THERE WILL BE
400-19 A COURT HEARING AT WHICH A JUDGE WILL REVIEW THIS SERVICE PLAN.
400-20 (c) If both parents are available but do not live in the
400-21 same household and do not agree to cooperate with one another in
400-22 the development of a service plan for the child, the department in
400-23 preparing the service plan may provide for the care of the child in
400-24 the home of either parent or the homes of both parents as the best
400-25 interest of the child requires.
400-26 Sec. 263.103. Service Plan: Signing and Taking Effect. (a)
400-27 Before the service plan is signed, the child's parents and the
401-1 representative of the department or other agency shall discuss each
401-2 term and condition of the plan.
401-3 (b) The child's parents and the person preparing the service
401-4 plan shall sign the plan, and the department shall give each parent
401-5 a copy of the service plan.
401-6 (c) If the department or other authorized agency determines
401-7 that the child's parents are unable or unwilling to sign the
401-8 service plan, the department may file the plan without the parents'
401-9 signatures.
401-10 (d) The plan takes effect when:
401-11 (1) the child's parents and the appropriate
401-12 representative of the department or other authorized agency sign
401-13 the plan; or
401-14 (2) the department or other authorized agency files
401-15 the plan without the parents' signatures.
401-16 (e) The service plan is in effect until amended by the
401-17 court.
401-18 Sec. 263.104. Amended Service Plan. (a) The service plan
401-19 may be amended at any time.
401-20 (b) The amended service plan supersedes the previously filed
401-21 service plan and takes effect when:
401-22 (1) the child's parents and the appropriate
401-23 representative of the department or other authorized agency sign
401-24 the plan; or
401-25 (2) the department or other authorized agency
401-26 determines that the child's parents are unable or unwilling to sign
401-27 the amended plan and files it without the parents' signatures.
402-1 (c) The amended service plan remains in effect until amended
402-2 by the court.
402-3 Sec. 263.105. Review of Service Plan. (a) The service plan
402-4 currently in effect shall be filed with the court along with the
402-5 next required status report.
402-6 (b) The court shall review the plan at the next required
402-7 hearing under this chapter after the plan is filed.
402-8 Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. The
402-9 court may render appropriate orders to implement or require
402-10 compliance with an original or amended service plan.
402-11 (Sections 263.107-263.200 reserved for expansion)
402-12 SUBCHAPTER C. STATUS HEARING
402-13 Sec. 263.201. Status Hearing; Time. Not later than the 60th
402-14 day after the date of a full adversary hearing under Chapter 262,
402-15 the court shall hold a status hearing.
402-16 Sec. 263.202. STATUS HEARING; FINDINGS. (a) If all parties
402-17 entitled to citation and notice under this chapter were not
402-18 served, the court shall make findings as to whether:
402-19 (1) the department or other agency has exercised due
402-20 diligence to locate all necessary persons; and
402-21 (2) if only one parent is before the court, that
402-22 parent has furnished to the department all available information
402-23 necessary to locate an absent parent through the parental locator
402-24 service.
402-25 (b) The court shall review the service plan that the
402-26 department or other agency filed under this chapter for
402-27 reasonableness, accuracy, and compliance with requirements of court
403-1 orders and make findings as to whether:
403-2 (1) a plan that has the goal of returning the child to
403-3 the child's parents adequately ensures that reasonable efforts are
403-4 made to enable the child's parents to provide a safe environment
403-5 for the child; and
403-6 (2) the child's parents have reviewed and understand
403-7 the service plan and have been advised that unless the parents are
403-8 willing and able to provide the child with a safe environment, even
403-9 with the assistance of a service plan, within the reasonable period
403-10 of time specified in the plan, the parents' parental and custodial
403-11 duties and rights may be subject to restriction or to termination
403-12 under this code or the child may not be returned to the parents.
403-13 (c) The court shall advise the parties that progress under
403-14 the service plan will be reviewed at all subsequent hearings.
403-15 (Sections 263.203-263.300 reserved for expansion)
403-16 SUBCHAPTER D. REVIEW HEARINGS
403-17 Sec. 263.301. NOTICE. (a) Notice of a review hearing shall
403-18 be given as provided by Rule 21a, Texas Rules of Civil Procedure,
403-19 to all persons entitled to notice of the hearing.
403-20 (b) The following persons are entitled to at least 10 days'
403-21 notice of a hearing to review a child's placement and are entitled
403-22 to present evidence and be heard at the hearing:
403-23 (1) the department;
403-24 (2) the foster parent or director of the group home or
403-25 institution where the child is residing;
403-26 (3) each parent of the child;
403-27 (4) the managing conservator or guardian of the child;
404-1 and
404-2 (5) any other person or agency named by the court to
404-3 have an interest in the child's welfare.
404-4 (c) If a person entitled to notice under Chapter 102 or this
404-5 section has not been served, the court shall review the
404-6 department's or other agency's efforts at attempting to locate all
404-7 necessary persons and requesting service of citation and the
404-8 assistance of a parent in providing information necessary to locate
404-9 an absent parent.
404-10 Sec. 263.302. Child's Attendance at Hearing. The court may
404-11 dispense with the attendance of the child at a placement review
404-12 hearing.
404-13 Sec. 263.303. STATUS REPORT. (a) Not later than the 10th
404-14 day before the date set for each review hearing, the department or
404-15 other authorized agency shall file with the court a status report
404-16 unless the court orders a different period or orders that a report
404-17 is not required for a specific hearing.
404-18 (b) The status report must:
404-19 (1) evaluate all relevant information concerning each
404-20 of the guidelines under this chapter and the parties' compliance
404-21 with the service plan; and
404-22 (2) recommend one of the following actions:
404-23 (A) that the child be returned to the child's
404-24 home and that the suit be dismissed;
404-25 (B) that the child be returned to the child's
404-26 home with the department or other agency retaining conservatorship;
404-27 (C) that the child remain in foster care for a
405-1 specified period and that the child's parents continue to work
405-2 toward providing the child with a safe environment;
405-3 (D) that the child remain in foster care for a
405-4 specified period and that termination of parental rights be sought
405-5 under this code;
405-6 (E) that a child who has resided in foster care
405-7 for at least 18 months be placed or remain in permanent or
405-8 long-term foster care because of the child's special needs or
405-9 circumstances; or
405-10 (F) that other plans be made or other services
405-11 provided in accordance with the child's special needs or
405-12 circumstances.
405-13 (c) A parent whose parental rights are the subject of a suit
405-14 affecting the parent-child relationship, the attorney for that
405-15 parent, or the child's attorney ad litem or guardian ad litem may
405-16 file a response to the department's or other agency's report filed
405-17 under Subsection (b). A response must be filed not later than the
405-18 third day before the date of the hearing.
405-19 Sec. 263.304. INITIAL REVIEW HEARING; TIME. Not later than
405-20 the 180th day after the date of the conclusion of the full
405-21 adversary hearing under Chapter 262, the court shall hold a review
405-22 hearing.
405-23 Sec. 263.305. SUBSEQUENT REVIEW HEARINGS. Subsequent review
405-24 hearings shall be held not earlier than 5-1/2 months and not later
405-25 than seven months after the date of the last hearing in the suit
405-26 unless, for good cause shown by a party, an earlier hearing is
405-27 approved by the court.
406-1 Sec. 263.306. Review Hearings: Procedure. At each review
406-2 hearing the court shall:
406-3 (1) identify all persons or parties present at the
406-4 hearing or those given notice but failing to appear;
406-5 (2) consider all relevant information pertaining to
406-6 the factors under this chapter to determine whether the child's
406-7 parents are willing and able to provide the child with a safe
406-8 environment;
406-9 (3) determine the extent to which the child's parents
406-10 have taken the necessary actions or responsibilities toward
406-11 achieving the plan goal during the period of the service plan and
406-12 the extent to which the department or other authorized agency has
406-13 provided assistance to the parents as provided in the service plan;
406-14 (4) determine whether the child's parents are willing
406-15 and able to provide the child with a safe environment without the
406-16 assistance of a service plan and, if so, return the child to the
406-17 parents;
406-18 (5) determine whether the child's parents are willing
406-19 and able to provide the child with a safe environment with the
406-20 assistance of a service plan and, if so, return the child or
406-21 continue the placement of the child in the child's home under the
406-22 department's or other agency's supervision;
406-23 (6) determine whether the child's parents are
406-24 presently unwilling or unable to provide the child with a safe
406-25 environment, even with the assistance of a service plan, and, if
406-26 so, order the child to remain under the department's or other
406-27 agency's managing conservatorship for a period of time specified by
407-1 the court;
407-2 (7) determine whether a long-term foster care
407-3 placement is in the child's best interest because of the child's
407-4 special needs or circumstances and, if so, begin a long-term foster
407-5 care placement;
407-6 (8) determine whether a child is 16 years of age or
407-7 older and, if so, order the services that are needed to assist the
407-8 child in making the transition from foster care to independent
407-9 living if the services are available in the community;
407-10 (9) determine whether the child has been placed with
407-11 the department under a voluntary placement agreement and, if so,
407-12 order that the department will institute further proceedings or
407-13 return the child to the parents;
407-14 (10) determine whether the department or authorized
407-15 agency has custody, care, and control of the child under an
407-16 affidavit of relinquishment of parental rights naming the
407-17 department managing conservator and, if so, direct the department
407-18 or authorized agency to institute further proceedings; and
407-19 (11) determine whether parental rights to the child
407-20 have been terminated and, if so, determine whether the department
407-21 or authorized agency will attempt to place the child for adoption.
407-22 Sec. 263.307. Factors in Determining Best Interest of Child.
407-23 (a) In considering the factors established by this section, the
407-24 prompt and permanent placement of the child in a safe environment
407-25 is presumed to be in the child's best interest.
407-26 (b) The following factors should be considered by the court,
407-27 the department, and other authorized agencies in determining
408-1 whether the child's parents are willing and able to provide the
408-2 child with a safe environment:
408-3 (1) the child's age and physical and mental
408-4 vulnerabilities;
408-5 (2) the frequency and nature of out-of-home
408-6 placements;
408-7 (3) the magnitude, frequency, and circumstances of the
408-8 harm to the child;
408-9 (4) whether the child has been the victim of repeated
408-10 harm after the initial report and intervention by the department or
408-11 other agency;
408-12 (5) whether the child is fearful of living in or
408-13 returning to the child's home;
408-14 (6) the results of psychiatric, psychological, or
408-15 developmental evaluations of the child, the child's parents, other
408-16 family members, or others who have access to the child's home;
408-17 (7) whether there is a history of abusive or
408-18 assaultive conduct by the child's family or others who have access
408-19 to the child's home;
408-20 (8) whether there is a history of substance abuse by
408-21 the child's family or others who have access to the child's home;
408-22 (9) whether the perpetrator of the harm to the child
408-23 is identified;
408-24 (10) the willingness and ability of the child's family
408-25 to seek out, accept, and complete counseling services and to
408-26 cooperate with and facilitate an appropriate agency's close
408-27 supervision;
409-1 (11) the willingness and ability of the child's family
409-2 to effect positive environmental and personal changes within a
409-3 reasonable period of time;
409-4 (12) whether the child's family demonstrates adequate
409-5 parenting skills, including providing the child and other children
409-6 under the family's care with:
409-7 (A) minimally adequate health and nutritional
409-8 care;
409-9 (B) care, nurturance, and appropriate discipline
409-10 consistent with the child's physical and psychological development;
409-11 (C) guidance and supervision consistent with the
409-12 child's safety;
409-13 (D) a safe physical home environment;
409-14 (E) protection from repeated exposure to
409-15 violence even though the violence may not be directed at the child;
409-16 and
409-17 (F) an understanding of the child's needs and
409-18 capabilities; and
409-19 (13) whether an adequate social support system
409-20 consisting of an extended family and friends is available to the
409-21 child.
409-22 (c) In the case of a child 16 years of age or older, the
409-23 following guidelines should be considered by the court in
409-24 determining whether to adopt the permanency plan submitted by the
409-25 department:
409-26 (1) whether the permanency plan submitted to the court
409-27 includes the services planned for the child to make the transition
410-1 from foster care to independent living; and
410-2 (2) whether this transition is in the best interest of
410-3 the child.
410-4 Sec. 263.308. PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
410-5 (a) In a case in which the court determines that an order for the
410-6 child to remain in the managing conservatorship of the department
410-7 or other agency is appropriate, the court shall make a finding that
410-8 the child's parents understand that unless the parents are willing
410-9 and able to provide the child with a safe environment, even with
410-10 the assistance of a service plan, the parents' parental and
410-11 custodial duties and rights may be subject to restriction or to
410-12 termination under this code.
410-13 (b) In the case of a child residing in foster care for at
410-14 least 18 months, the court shall determine the appropriateness of
410-15 the target date by which the child may return home. The court may
410-16 also enter further orders that are appropriate.
410-17 Sec. 263.309. Review After Termination or Relinquishment of
410-18 Parental Rights. If the parental rights to a child have been
410-19 terminated and the child is eligible for adoption or the department
410-20 or authorized agency has custody, care, and control of a child
410-21 under an affidavit of relinquishment of parental rights naming the
410-22 department or authorized agency as managing conservator, the court
410-23 shall review the department's or authorized agency's efforts to
410-24 place the child for adoption at least once every six months.
410-25 CHAPTER 264. CHILD WELFARE SERVICES
410-26 SUBCHAPTER A. GENERAL PROVISIONS
410-27 Sec. 264.001. Definition. In this chapter, "department"
411-1 means the Department of Protective and Regulatory Services.
411-2 Sec. 264.002. Duties of Department. (a) The department
411-3 shall:
411-4 (1) promote the enforcement of all laws for the
411-5 protection of abused and neglected children; and
411-6 (2) take the initiative in all matters involving the
411-7 interests of children where adequate provision has not already been
411-8 made.
411-9 (b) The department shall give special attention to the
411-10 dissemination of information through bulletins and visits, where
411-11 practical, to all agencies operating under a provision of law
411-12 affecting the welfare of children.
411-13 (c) Through the county child welfare boards, the department
411-14 shall work in conjunction with the commissioners courts, juvenile
411-15 boards, and all other officers and agencies involved in the
411-16 protection of children. The department may use and allot funds for
411-17 the establishment and maintenance of homes, schools, and
411-18 institutions for the care, protection, education, and training of
411-19 children in conjunction with a juvenile board, a county or city
411-20 board, or any other agency.
411-21 (d) The department shall visit and study the conditions in
411-22 state-supported eleemosynary institutions for children and shall
411-23 make actions for the management and operation of the institutions
411-24 that ensure that the children receive the best possible training in
411-25 contemplation of their earliest discharge from the institutions.
411-26 (e) The department may not spend state funds to accomplish
411-27 the purposes of this chapter unless the funds have been
412-1 specifically appropriated for those purposes.
412-2 Sec. 264.003. Memorandum of Understanding on Services for
412-3 Multiproblem Children and Youth. (a) The Department of Protective
412-4 and Regulatory Services, the Texas Department of Mental Health and
412-5 Mental Retardation, the Texas Department of Health, the Texas Youth
412-6 Commission, the Texas Juvenile Probation Commission, the Texas
412-7 Rehabilitation Commission, the Texas Commission for the Blind, and
412-8 the Central Education Agency shall adopt a joint memorandum of
412-9 understanding to implement a system of local level interagency
412-10 staffing groups to coordinate services for multiproblem children
412-11 and youth.
412-12 (b) The memorandum must:
412-13 (1) clarify the financial and statutory
412-14 responsibilities of each agency in relation to multiproblem
412-15 children and youth, including subcategories of funding for
412-16 different services such as prevention, family preservation and
412-17 strengthening, emergency shelter, diagnosis and evaluation,
412-18 residential care, after-care, information and referral, and
412-19 investigation services;
412-20 (2) include a functional definition of "multiproblem
412-21 children and youth";
412-22 (3) define procedures for interagency cost sharing;
412-23 (4) define procedures aimed at eliminating duplication
412-24 of services relating to assessment and diagnosis, treatment,
412-25 residential placement and care, and case management of multiproblem
412-26 children and youth;
412-27 (5) define procedures for addressing disputes between
413-1 the agencies that relate to the agencies' areas of service
413-2 responsibilities;
413-3 (6) provide that each local level interagency staffing
413-4 group will include a local representative of the department and
413-5 each agency and not more than five representatives of local private
413-6 sector youth agencies;
413-7 (7) provide that if an agency is not able to provide
413-8 all the services a child requires, the agency may submit the
413-9 child's case history to the local level interagency staffing group
413-10 for consideration;
413-11 (8) provide that a local level interagency staffing
413-12 group may be called together by a representative of any member
413-13 agency;
413-14 (9) provide that an agency may be excused from
413-15 attending a meeting if the staffing group determines that the age
413-16 or needs of the children or youth to be considered are clearly not
413-17 within the agency's service responsibilities;
413-18 (10) provide that records that are used or developed
413-19 by the department and other agencies and that relate to a
413-20 particular child are confidential and may not be released to any
413-21 other person or agency except as provided in this section or by
413-22 other law; and
413-23 (11) provide a procedure that permits the department
413-24 and other agencies to share confidential information while
413-25 preserving the confidential nature of the information.
413-26 (c) The agencies that participate in the formulation of the
413-27 memorandum of understanding shall consult with and solicit input
414-1 from advocacy and consumer groups.
414-2 (d) Not later than the last month of each state fiscal year,
414-3 the department and the other agencies listed in this section shall
414-4 review and update the memorandum.
414-5 (e) Each agency by rule shall adopt the memorandum of
414-6 understanding and all revisions to the memorandum.
414-7 Sec. 264.004. Allocation of State Funds. (a) The
414-8 department shall establish a method of allocating state funds for
414-9 children's protective services programs that encourages and rewards
414-10 the contribution of funds or services from all persons, including
414-11 local governmental entities.
414-12 (b) Except as provided by this subsection, if a contribution
414-13 of funds or services is made to support a children's protective
414-14 services program in a particular county, the department shall use
414-15 the contribution to benefit that program. The department may use
414-16 the contribution for another purpose only if the commissioners
414-17 court of the county gives the department written permission.
414-18 Sec. 264.005. County Child Welfare Boards. (a) The
414-19 commissioners court of a county may appoint a child welfare board
414-20 for the county. The commissioners court and the department shall
414-21 determine the size of the board and the qualifications of its
414-22 members. However, a board must have not less than seven and not
414-23 more than 15 members, and the members must be residents of the
414-24 county. The members shall serve at the pleasure of the
414-25 commissioners court and may be removed by the court for just cause.
414-26 The members serve without compensation.
414-27 (b) With the approval of the department, two or more
415-1 counties may establish a joint child welfare board if that action
415-2 is found to be more practical in accomplishing the purposes of this
415-3 chapter. A board representing more than one county has the same
415-4 powers as a board representing a single county and is subject to
415-5 the same conditions and liabilities.
415-6 (c) The members of a county child welfare board shall select
415-7 a presiding officer and shall perform the duties required by the
415-8 commissioners court and the department to accomplish the purposes
415-9 of this chapter.
415-10 (d) A county child welfare board is an entity of the
415-11 department for purposes of providing coordinated state and local
415-12 public welfare services for children and their families and for the
415-13 coordinated use of federal, state, and local funds for these
415-14 services. The child welfare board shall work with the
415-15 commissioners court.
415-16 (e) A county child welfare board is a governmental unit for
415-17 the purposes of Chapter 101, Civil Practice and Remedies Code.
415-18 Sec. 264.006. County Funds. The commissioners court of a
415-19 county may appropriate funds from its general fund or any other
415-20 fund for the administration of its county child welfare board. The
415-21 court may provide for services to and support of children in need
415-22 of protection and care.
415-23 Sec. 264.007. Cooperation With Department of Health and
415-24 Human Services. The department is the state agency designated to
415-25 cooperate with the United States Department of Health and Human
415-26 Services in:
415-27 (1) establishing, extending, and strengthening public
416-1 welfare services for the protection and care of abused or neglected
416-2 children;
416-3 (2) developing state services for the encouragement
416-4 and assistance of adequate methods of community child welfare
416-5 organizations and paying part of the cost of district, county, or
416-6 other local child welfare services in rural areas and in other
416-7 areas of special need; and
416-8 (3) developing necessary plans to implement the
416-9 services contemplated in this section and to comply with the rules
416-10 of the United States Department of Health and Human Services under
416-11 the federal Social Security Act (42 U.S.C. Section 651 et seq.).
416-12 Sec. 264.008. Child Welfare Service Fund. The child welfare
416-13 service fund is a special fund in the state treasury. The fund
416-14 shall be used to administer the child welfare services provided by
416-15 the department.
416-16 Sec. 264.009. Legal Representation of Department in Trial
416-17 Court. In any suit brought under this title in which the
416-18 department requests to be named conservator of a child, the
416-19 department shall be represented in the trial court by the:
416-20 (1) prosecuting attorney who represents the state in
416-21 criminal cases in the district or county court of the county where
416-22 the suit is filed or transferred; or
416-23 (2) attorney general.
416-24 (Sections 264.010-264.100 reserved for expansion)
416-25 SUBCHAPTER B. FOSTER CARE
416-26 Sec. 264.101. Foster Care Payments. (a) The department may
416-27 pay the cost of protective foster care for a child:
417-1 (1) for whom the department has initiated a suit and
417-2 has been named managing conservator under an order rendered under
417-3 this title; and
417-4 (2) who is ineligible for foster care payments under
417-5 the aid to families with dependent children program of the Texas
417-6 Department of Human Services.
417-7 (b) The department may not pay the cost of protective foster
417-8 care for a child for whom the department has been named managing
417-9 conservator under an order rendered solely under Section 161.001.
417-10 (c) The total amount of payments for protective foster care,
417-11 including medical care, must be equal to the total amount of
417-12 payments made for similar care for a child eligible for the aid to
417-13 families with dependent children program of the Texas Department of
417-14 Human Services.
417-15 Sec. 264.102. County Contracts. (a) The department may
417-16 contract with a county commissioners court to administer the funds
417-17 authorized by this subchapter for eligible children in the county
417-18 and may require county participation.
417-19 (b) The payments provided by this subchapter do not abrogate
417-20 the responsibility of a county to provide child welfare services.
417-21 Sec. 264.103. Direct Payments. The department may make
417-22 direct payments for foster care to a foster parent residing in a
417-23 county with which the department does not have a contract
417-24 authorized by Section 264.102.
417-25 Sec. 264.104. Parent or Guardian Liability. (a) The parent
417-26 or guardian of a child is liable to the state or to the county for
417-27 a payment made by the state or county for foster care of a child
418-1 under this subchapter.
418-2 (b) The funds collected by the state under this section
418-3 shall be used by the department for child welfare services.
418-4 Sec. 264.105. Medical Services Limitation. The department
418-5 may not provide the medical care payments authorized by Section
418-6 264.101(c) if:
418-7 (1) a federal law or regulation prohibits those
418-8 medical payments unless medical payments are also provided for
418-9 medically needy children who are not eligible for the aid to
418-10 families with dependent children program of the Texas Department of
418-11 Human Services and for whom the department is not named managing
418-12 conservator; or
418-13 (2) the federal government does not fund at least 50
418-14 percent of the cost of the medical payments authorized by this
418-15 subchapter.
418-16 Sec. 264.106. Contract Residential Care. (a) The
418-17 department shall make reasonable efforts to ensure that the
418-18 expenditure of appropriated funds to purchase contract residential
418-19 care for children is allocated to providers on a fixed monthly
418-20 basis if:
418-21 (1) the allocation is cost-effective; and
418-22 (2) the number, type, needs, and conditions of the
418-23 children served are reasonably constant.
418-24 (b) This section does not apply to the purchase of care in a
418-25 foster family home.
418-26 Sec. 264.107. Placement of Children. (a) The department
418-27 shall use a system for the placement of children in contract
419-1 residential care, including foster care, that conforms to the
419-2 levels of care adopted and maintained by the Health and Human
419-3 Services Commission.
419-4 (b) The department shall use the standard application for
419-5 the placement of children in contract residential care as adopted
419-6 and maintained by the Health and Human Services Commission.
419-7 Sec. 264.108. Race or Ethnicity. The department may not
419-8 prohibit or delay the placement of a child in foster care or remove
419-9 a child from foster care or otherwise discriminate on the basis of
419-10 race or ethnicity of the child or the foster family.
419-11 (Sections 264.109-264.200 reserved for expansion)
419-12 SUBCHAPTER C. CHILD AND FAMILY SERVICES
419-13 Sec. 264.201. Services by Department. (a) When the
419-14 department provides services directly or by contract to an abused
419-15 or neglected child and the child's family, the services shall be
419-16 designed to:
419-17 (1) prevent further abuse;
419-18 (2) alleviate the effects of the abuse suffered;
419-19 (3) prevent removal of the child from the home; and
419-20 (4) provide reunification services when appropriate
419-21 for the return of the child to the home.
419-22 (b) The department shall emphasize ameliorative services for
419-23 sexually abused children.
419-24 (c) The department shall provide or contract for necessary
419-25 services to an abused or neglected child and the child's family
419-26 without regard to whether the child remains in or is removed from
419-27 the family home. If parental rights have been terminated, services
420-1 may be provided only to the child.
420-2 (d) The services may include in-home programs, parenting
420-3 skills training, youth coping skills, and individual and family
420-4 counseling.
420-5 Sec. 264.202. Standards and Effectiveness. (a) The
420-6 department, with assistance from national organizations with
420-7 expertise in child protective services, shall define a minimal
420-8 baseline of in-home and foster care services for abused or
420-9 neglected children that meets the professionally recognized
420-10 standards for those services. The department shall attempt to
420-11 provide services at a standard not lower than the minimal baseline
420-12 standard.
420-13 (b) The department, with assistance from national
420-14 organizations with expertise in child protective services, shall
420-15 develop outcome measures to track and monitor the effectiveness of
420-16 in-home and foster care services.
420-17 Sec. 264.203. Required Participation. (a) Except as
420-18 provided by Subsection (d), the court on request of the department
420-19 may order the parent, managing conservator, guardian, or other
420-20 member of the abused or neglected child's household to participate
420-21 in the services the department provides or purchases for
420-22 alleviating the effects of the abuse or neglect and to permit the
420-23 child and any siblings of the child to receive the services.
420-24 (b) The department may request the court to order the
420-25 parent, managing conservator, guardian, or other member of the
420-26 child's household to participate in the services whether the child
420-27 resides in the home or has been removed from the home.
421-1 (c) If the person ordered to participate in the services
421-2 fails to follow the court's order, the court may impose community
421-3 service as a sanction for contempt.
421-4 (d) If the court does not order the person to participate,
421-5 the court in writing shall specify the reasons for not ordering
421-6 participation.
421-7 Sec. 264.204. Services for Young Children. (a) This
421-8 section applies to a child who is seven years of age or older and
421-9 under 10 years of age.
421-10 (b) The department shall provide, directly or by contract,
421-11 services for a child and the child's family if the child is
421-12 referred to the department by a law enforcement agency for engaging
421-13 in delinquent conduct or conduct indicating a need for supervision
421-14 under Title 3. The services may include in-home programs,
421-15 parenting skills training, youth coping skills, and individual and
421-16 family counseling.
421-17 (c) Except as provided by Subsection (d), on request of the
421-18 department a court may require the parent, managing conservator,
421-19 guardian, or other member of the child's household to participate
421-20 in the services provided by the department and to allow the child
421-21 and any siblings of the child to participate. If a parent,
421-22 managing conservator, guardian, or other member of the child's
421-23 household fails to follow the court's order, the court may impose
421-24 community service as a sanction for contempt.
421-25 (d) If the court does not order the person to participate in
421-26 services provided by the department, the court in writing shall
421-27 specify the reasons for not ordering participation.
422-1 (Sections 264.205-264.300 reserved for expansion)
422-2 SUBCHAPTER D. SERVICES TO AT-RISK YOUTH
422-3 Sec. 264.301. Services for Runaway and At-Risk Youth. (a)
422-4 The department shall operate a program to provide services for
422-5 runaway and other children in at-risk situations and for the
422-6 families of those children.
422-7 (b) The services under this section may include:
422-8 (1) crisis family intervention;
422-9 (2) emergency short-term residential care;
422-10 (3) family counseling;
422-11 (4) parenting skills training; and
422-12 (5) youth coping skills training.
422-13 (Sections 264.302-264.400 reserved for expansion)
422-14 (SUBCHAPTER E reserved for expansion)
422-15 (Sections 264.401-264.500 reserved for expansion)
422-16 (SUBCHAPTER F reserved for expansion)
422-17 (Sections 264.501-264.600 reserved for expansion)
422-18 SUBCHAPTER G. COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
422-19 Sec. 264.601. Definitions. In this subchapter:
422-20 (1) "Abused or neglected child" means a child who is:
422-21 (A) the subject of a suit affecting the
422-22 parent-child relationship filed by a governmental entity; and
422-23 (B) under the control or supervision of the
422-24 department.
422-25 (2) "Volunteer advocate program" means a
422-26 volunteer-based, nonprofit program that provides advocacy services
422-27 to abused or neglected children with the goal of obtaining a
423-1 permanent placement for a child that is in the child's best
423-2 interest.
423-3 Sec. 264.602. Contracts With Advocate Programs. (a) The
423-4 attorney general shall contract for services with each eligible
423-5 volunteer advocate program to expand the existing services of the
423-6 program.
423-7 (b) The contract under this section may not result in
423-8 reducing the financial support a volunteer advocate program
423-9 receives from another source.
423-10 (c) The attorney general shall develop a scale of state
423-11 financial support for volunteer advocate programs that declines
423-12 over a six-year period beginning on the date each individual
423-13 contract takes effect. After the end of the six-year period, the
423-14 attorney general may not provide more than 50 percent of the
423-15 volunteer advocate program's funding.
423-16 Sec. 264.603. Administrative Contracts. The attorney
423-17 general shall contract with one statewide organization of
423-18 individuals or groups of individuals who have expertise in the
423-19 dynamics of child abuse and neglect and experience in operating
423-20 volunteer advocate programs to:
423-21 (1) provide training, technical assistance, and
423-22 evaluation services for the benefit of local volunteer advocate
423-23 programs; and
423-24 (2) manage the attorney general's contracts under
423-25 Section 264.602.
423-26 Sec. 264.604. Eligibility for Contracts. (a) A person is
423-27 eligible for a contract under Section 264.602 only if the person is
424-1 a public or private nonprofit entity that operates a volunteer
424-2 advocate program that:
424-3 (1) uses individuals appointed as volunteer advocates
424-4 by the court to provide for the needs of abused or neglected
424-5 children;
424-6 (2) has provided court-appointed advocacy services for
424-7 at least two years;
424-8 (3) provides court-appointed advocacy services for at
424-9 least 10 children each month; and
424-10 (4) has demonstrated that the program has local
424-11 judicial support.
424-12 (b) The attorney general may not contract with a person that
424-13 is not eligible under this section. However, the attorney general
424-14 may waive the requirement in Subsection (a)(3) for an established
424-15 program in a rural area or under other special circumstances.
424-16 Sec. 264.605. Contract Form. A person shall apply for a
424-17 contract under Section 264.602 on a form provided by the attorney
424-18 general.
424-19 Sec. 264.606. Criteria for Award of Contracts. The attorney
424-20 general shall consider the following in awarding a contract under
424-21 Section 264.602:
424-22 (1) the volunteer advocate program's eligibility for
424-23 and use of funds from local, state, or federal governmental
424-24 sources, philanthropic organizations, and other sources;
424-25 (2) community support for the volunteer advocate
424-26 program as indicated by financial contributions from civic
424-27 organizations, individuals, and other community resources;
425-1 (3) whether the volunteer advocate program provides
425-2 services that encourage the permanent placement of children through
425-3 reunification with their families or timely placement with an
425-4 adoptive family; and
425-5 (4) whether the volunteer advocate program has the
425-6 endorsement and cooperation of the local juvenile court system.
425-7 Sec. 264.607. Contract Requirements. (a) The attorney
425-8 general shall require that a contract under Section 264.602 require
425-9 the volunteer advocate program to:
425-10 (1) make quarterly and annual financial reports on a
425-11 form provided by the attorney general;
425-12 (2) cooperate with inspections and audits that the
425-13 attorney general makes to ensure service standards and fiscal
425-14 responsibility; and
425-15 (3) provide as a minimum:
425-16 (A) independent and factual information to the
425-17 court regarding the child;
425-18 (B) advocacy through the courts for permanent
425-19 home placement and rehabilitation services for the child;
425-20 (C) monitoring of the child to ensure the safety
425-21 of the child and to prevent unnecessary movement of the child to
425-22 multiple temporary placements;
425-23 (D) reports to the presiding judge and to
425-24 counsel for the parties involved;
425-25 (E) community education relating to child abuse
425-26 and neglect;
425-27 (F) referral services to existing community
426-1 services;
426-2 (G) a volunteer recruitment and training
426-3 program, including adequate screening procedures for volunteers;
426-4 and
426-5 (H) procedures to assure the confidentiality of
426-6 records or information relating to the child.
426-7 (b) The attorney general may require that a contract under
426-8 Section 264.602 require the volunteer advocate program to use forms
426-9 provided by the attorney general.
426-10 (c) The attorney general shall develop forms in consultation
426-11 with a statewide organization of individuals or groups of
426-12 individuals who have expertise in the dynamics of child abuse and
426-13 neglect and experience in operating volunteer advocate programs.
426-14 Sec. 264.608. Report to the Legislature. (a) Before each
426-15 regular session of the legislature, the attorney general shall
426-16 publish a report that:
426-17 (1) summarizes reports from volunteer advocate
426-18 programs under contract with the attorney general;
426-19 (2) analyzes the effectiveness of the contracts made
426-20 by the attorney general under this chapter; and
426-21 (3) provides information on:
426-22 (A) the expenditure of funds under this chapter;
426-23 (B) services provided and the number of children
426-24 for whom the services were provided; and
426-25 (C) any other information relating to the
426-26 services provided by the volunteer advocate programs under this
426-27 chapter.
427-1 (b) The attorney general shall submit copies of the report
427-2 to the governor, lieutenant governor, speaker of the house of
427-3 representatives, the Legislative Budget Board, and members of the
427-4 legislature.
427-5 Sec. 264.609. Rule-Making Authority. The attorney general
427-6 may adopt rules necessary to implement this chapter.
427-7 Sec. 264.610. Confidentiality. The attorney general may not
427-8 disclose information gained through reports, collected case data,
427-9 or inspections that would identify a person working at or receiving
427-10 services from a volunteer advocate program.
427-11 Sec. 264.611. Consultations. In implementing this chapter,
427-12 the attorney general shall consult with individuals or groups of
427-13 individuals who have expertise in the dynamics of child abuse and
427-14 neglect and experience in operating volunteer advocate programs.
427-15 Sec. 264.612. Funding. (a) The attorney general may
427-16 solicit and receive grants or money from either private or public
427-17 sources, including by appropriation by the legislature from the
427-18 general revenue fund, to implement this chapter.
427-19 (b) The need for and importance of the implementation of
427-20 this chapter by the attorney general requires priority and
427-21 preferential consideration for appropriation.
427-22 (c) The attorney general may use not more than six percent
427-23 of the annual legislative appropriation it receives to implement
427-24 this chapter for administration and not more than six percent
427-25 annually for the contract described in Section 264.603.
427-26 SECTION 2. The following are repealed:
427-27 (1) Title 2, Family Code, as that title existed before
428-1 the effective date of this Act;
428-2 (2) Chapters 41, 45, 47, 49, 76, 77, and 151, Human
428-3 Resources Code; and
428-4 (3) Subchapter A, Chapter 54, Government Code.
428-5 SECTION 3. (a) The change in law made by this Act does not
428-6 affect a proceeding under the Family Code pending on the effective
428-7 date of this Act. A proceeding pending on the effective date of
428-8 this Act is governed by the law in effect at the time the
428-9 proceeding was commenced, and the former law is continued in effect
428-10 for that purpose.
428-11 (b) The enactment of this Act does not by itself constitute
428-12 a material and substantial change of circumstances sufficient to
428-13 warrant modification of a court order or portion of a decree that
428-14 provides for the support of or possession of and access to a child
428-15 entered before the effective date of this Act.
428-16 SECTION 4. The importance of this legislation and the
428-17 crowded condition of the calendars in both houses create an
428-18 emergency and an imperative public necessity that the
428-19 constitutional rule requiring bills to be read on three several
428-20 days in each house be suspended, and this rule is hereby suspended,
428-21 and that this Act take effect and be in force from and after its
428-22 passage, and it is so enacted.