1-1 By: Goodman (Senate Sponsor - Harris) H.B. No. 655
1-2 (In the Senate - Received from the House March 22, 1995;
1-3 March 23, 1995, read first time and referred to Committee on
1-4 Jurisprudence; April 4, 1995, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; April 4, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the recodification of statutes relating to parents and
1-9 children and suits affecting the parent-child relationship.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. The Family Code is recodified by reenacting Title
1-12 2 and adding Title 5 to read as follows:
1-13 TITLE 2. CHILD IN RELATION TO THE FAMILY
1-14 SUBTITLE A. LIMITATIONS OF MINORITY
1-15 CHAPTER 31. REMOVAL OF DISABILITIES OF MINORITY
1-16 Sec. 31.001. REQUIREMENTS. (a) A minor may petition to have
1-17 the disabilities of minority removed for limited or general
1-18 purposes if the minor is:
1-19 (1) a resident of this state;
1-20 (2) 17 years of age, or at least 16 years of age and
1-21 living separate and apart from the minor's parents, managing
1-22 conservator, or guardian; and
1-23 (3) self-supporting and managing the minor's own
1-24 financial affairs.
1-25 (b) A minor may file suit under this chapter in the minor's
1-26 own name. The minor need not be represented by next friend.
1-27 Sec. 31.002. REQUISITES OF PETITION; VERIFICATION. (a) The
1-28 petition for removal of disabilities of minority must state:
1-29 (1) the name, age, and place of residence of the
1-30 petitioner;
1-31 (2) the name and place of residence of each living
1-32 parent;
1-33 (3) the name and place of residence of the guardian of
1-34 the person and the guardian of the estate, if any;
1-35 (4) the name and place of residence of the managing
1-36 conservator, if any;
1-37 (5) the reasons why removal would be in the best
1-38 interest of the minor; and
1-39 (6) the purposes for which removal is requested.
1-40 (b) A parent of the petitioner must verify the petition,
1-41 except that if a managing conservator or guardian of the person has
1-42 been appointed, the petition must be verified by that person. If
1-43 the person who is to verify the petition is unavailable or that
1-44 person's whereabouts are unknown, the guardian ad litem shall
1-45 verify the petition.
1-46 Sec. 31.003. VENUE. The petitioner shall file the petition
1-47 in the county in which the petitioner resides.
1-48 Sec. 31.004. GUARDIAN AD LITEM. The court shall appoint a
1-49 guardian ad litem to represent the interest of the petitioner at
1-50 the hearing.
1-51 Sec. 31.005. ORDER. The court may remove the disabilities
1-52 of minority of a minor if the court finds the removal to be in the
1-53 best interest of the petitioner. The order must state the limited
1-54 or general purposes for which disabilities are removed.
1-55 Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for specific
1-56 constitutional and statutory age requirements, a minor whose
1-57 disabilities are removed for general purposes has the capacity of
1-58 an adult, including the capacity to contract.
1-59 Sec. 31.007. REGISTRATION OF ORDER OF ANOTHER STATE OR
1-60 NATION. (a) A nonresident minor who has had the disabilities of
1-61 minority removed in the state of the minor's residence may file a
1-62 certified copy of the order removing disabilities in the deed
1-63 records of any county in this state.
1-64 (b) When a certified copy of the order of a court of another
1-65 state or nation is filed, the minor has the capacity of an adult,
1-66 except as provided by Section 31.006 and by the terms of the order.
1-67 CHAPTER 32. CONSENT TO TREATMENT OF CHILD BY NON-PARENT OR CHILD
1-68 SUBCHAPTER A. CONSENT TO MEDICAL, DENTAL, PSYCHOLOGICAL, AND
2-1 SURGICAL TREATMENT
2-2 Sec. 32.001. CONSENT BY NON-PARENT. (a) The following
2-3 persons may consent to medical, dental, psychological, and surgical
2-4 treatment of a child when the person having the right to consent as
2-5 otherwise provided by law cannot be contacted and that person has
2-6 not given actual notice to the contrary:
2-7 (1) a grandparent of the child;
2-8 (2) an adult brother or sister of the child;
2-9 (3) an adult aunt or uncle of the child;
2-10 (4) an educational institution in which the child is
2-11 enrolled that has received written authorization to consent from a
2-12 person having the right to consent;
2-13 (5) an adult who has actual care, control, and
2-14 possession of the child and has written authorization to consent
2-15 from a person having the right to consent;
2-16 (6) a court having jurisdiction over a suit affecting
2-17 the parent-child relationship of which the child is the subject; or
2-18 (7) an adult responsible for the actual care, control,
2-19 and possession of a child under the jurisdiction of a juvenile
2-20 court or committed by a juvenile court to the care of an agency of
2-21 the state or county.
2-22 (b) The person giving consent, a physician or dentist
2-23 licensed to practice medicine or dentistry in this state, or a
2-24 hospital or medical facility is not liable for the examination and
2-25 treatment of a child under this section except for the person's own
2-26 acts of negligence.
2-27 (c) The Texas Youth Commission may consent to the medical,
2-28 dental, psychological, and surgical treatment of a child committed
2-29 to it under Title 3 when the person having the right to consent has
2-30 been contacted and that person has not given actual notice to the
2-31 contrary.
2-32 (d) This section does not apply to consent for the
2-33 immunization of a child.
2-34 Sec. 32.002. Consent Form. (a) Consent to medical
2-35 treatment under this subchapter must be in writing, signed by the
2-36 person giving consent, and given to the doctor, hospital, or other
2-37 medical facility that administers the treatment.
2-38 (b) The consent must include:
2-39 (1) the name of the child;
2-40 (2) the name of one or both parents, if known, and the
2-41 name of any managing conservator or guardian of the child;
2-42 (3) the name of the person giving consent and the
2-43 person's relationship to the child;
2-44 (4) a statement of the nature of the medical treatment
2-45 to be given; and
2-46 (5) the date the treatment is to begin.
2-47 Sec. 32.003. Consent to Treatment by Child. (a) A child
2-48 may consent to medical, dental, psychological, and surgical
2-49 treatment for the child by a licensed physician or dentist if the
2-50 child:
2-51 (1) is on active duty with the armed services of the
2-52 United States of America;
2-53 (2) is:
2-54 (A) 16 years of age or older and resides
2-55 separate and apart from the child's parents, managing conservator,
2-56 or guardian, with or without the consent of the parents, managing
2-57 conservator, or guardian and regardless of the duration of the
2-58 residence; and
2-59 (B) managing the child's own financial affairs,
2-60 regardless of the source of the income;
2-61 (3) consents to the diagnosis and treatment of an
2-62 infectious, contagious, or communicable disease that is required by
2-63 law or a rule to be reported by the licensed physician or dentist
2-64 to a local health officer or the Texas Department of Health,
2-65 including all diseases within the scope of Section 81.041, Health
2-66 and Safety Code;
2-67 (4) is unmarried and pregnant and consents to
2-68 hospital, medical, or surgical treatment, other than abortion,
2-69 related to the pregnancy; or
2-70 (5) consents to examination and treatment for drug or
3-1 chemical addiction, drug or chemical dependency, or any other
3-2 condition directly related to drug or chemical use.
3-3 (b) Consent by a child to medical, dental, psychological,
3-4 and surgical treatment under this section is not subject to
3-5 disaffirmance because of minority.
3-6 (c) Consent of the parents, managing conservator, or
3-7 guardian of a child is not necessary in order to authorize
3-8 hospital, medical, surgical, or dental care under this section.
3-9 (d) A licensed physician, dentist, or psychologist may, with
3-10 or without the consent of a child who is a patient, advise the
3-11 parents, managing conservator, or guardian of the child of the
3-12 treatment given to or needed by the child.
3-13 (e) A physician, dentist, psychologist, hospital, or medical
3-14 facility is not liable for the examination and treatment of a child
3-15 under this section except for the provider's or the facility's own
3-16 acts of negligence.
3-17 (f) A physician, dentist, psychologist, hospital, or medical
3-18 facility may rely on the written statement of the child containing
3-19 the grounds on which the child has capacity to consent to the
3-20 child's medical treatment.
3-21 Sec. 32.004. CONSENT TO COUNSELING. (a) A child may
3-22 consent to counseling for:
3-23 (1) suicide prevention;
3-24 (2) chemical addiction or dependency; or
3-25 (3) sexual, physical, or emotional abuse.
3-26 (b) A licensed or certified physician, psychologist,
3-27 counselor, or social worker having reasonable grounds to believe
3-28 that a child has been sexually, physically, or emotionally abused,
3-29 is contemplating suicide, or is suffering from a chemical or drug
3-30 addiction or dependency may:
3-31 (1) counsel the child without the consent of the
3-32 child's parents or, if applicable, managing conservator or
3-33 guardian;
3-34 (2) with or without the consent of the child who is a
3-35 client, advise the child's parents or, if applicable, managing
3-36 conservator or guardian of the treatment given to or needed by the
3-37 child; and
3-38 (3) rely on the written statement of the child
3-39 containing the grounds on which the child has capacity to consent
3-40 to the child's own treatment under this section.
3-41 (c) Unless consent is obtained as otherwise allowed by law,
3-42 a physician, psychologist, counselor, or social worker may not
3-43 counsel a child if consent is prohibited by a court order.
3-44 (d) A physician, psychologist, counselor, or social worker
3-45 counseling a child under this section is not liable for damages
3-46 except for damages resulting from the person's negligence or wilful
3-47 misconduct.
3-48 (e) A parent, or, if applicable, managing conservator or
3-49 guardian, who has not consented to counseling treatment of the
3-50 child is not obligated to compensate a physician, psychologist,
3-51 counselor, or social worker for counseling services rendered under
3-52 this section.
3-53 Sec. 32.005. Examination Without Consent of Abuse or Neglect
3-54 of Child. (a) Except as provided by Subsection (c), a physician,
3-55 dentist, or psychologist having reasonable grounds to believe that
3-56 a child's physical or mental condition has been adversely affected
3-57 by abuse or neglect may examine the child without the consent of
3-58 the child, the child's parents, or other person authorized to
3-59 consent to treatment under this subchapter.
3-60 (b) An examination under this section may include X-rays,
3-61 blood tests, and penetration of tissue necessary to accomplish
3-62 those tests.
3-63 (c) Unless consent is obtained as otherwise allowed by law,
3-64 a physician, dentist, or psychologist may not examine a child:
3-65 (1) 16 years of age or older who refuses to consent;
3-66 or
3-67 (2) for whom consent is prohibited by a court order.
3-68 (d) A physician, dentist, or psychologist examining a child
3-69 under this section is not liable for damages except for damages
3-70 resulting from the physician's or dentist's negligence.
4-1 (Sections 32.006-32.100 reserved for expansion)
4-2 SUBCHAPTER B. IMMUNIZATION
4-3 Sec. 32.101. Who May Consent to Immunization of Child.
4-4 (a) In addition to persons authorized to consent to immunization
4-5 under Chapter 151 and Chapter 153, the following persons may
4-6 consent to the immunization of a child:
4-7 (1) a guardian of the child; and
4-8 (2) a person authorized under the law of another state
4-9 or a court order to consent for the child.
4-10 (b) If the persons listed in Subsection (a) cannot be
4-11 contacted and the authority to consent is not denied under
4-12 Subsection (c), consent to the immunization of a child may be given
4-13 by:
4-14 (1) a grandparent of the child;
4-15 (2) an adult brother or sister of the child;
4-16 (3) an adult aunt or uncle of the child;
4-17 (4) a stepparent of the child;
4-18 (5) an educational institution in which the child is
4-19 enrolled that has written authorization to consent for the child
4-20 from a parent, managing conservator, guardian, or other person who
4-21 under the law of another state or a court order may consent for the
4-22 child;
4-23 (6) another adult who has actual care, control, and
4-24 possession of the child and has written authorization to consent
4-25 for the child from a parent, managing conservator, guardian, or
4-26 other person who, under the law of another state or a court order,
4-27 may consent for the child;
4-28 (7) a court having jurisdiction of a suit affecting
4-29 the parent-child relationship of which the minor is the subject;
4-30 (8) an adult having actual care, control, and
4-31 possession of the child under an order of a juvenile court or by
4-32 commitment by a juvenile court to the care of an agency of the
4-33 state or county; or
4-34 (9) an adult having actual care, control, and
4-35 possession of the child as the child's primary caregiver, if the
4-36 adult is granted the right to consent to the child's immunization
4-37 by court order.
4-38 (c) A person otherwise authorized to consent under
4-39 Subsection (a) may not consent for the child if the person has
4-40 actual knowledge that a parent, managing conservator, guardian of
4-41 the child, or other person who under the law of another state or a
4-42 court order may consent for the child:
4-43 (1) has expressly refused to give consent to the
4-44 immunization;
4-45 (2) has been told not to consent for the child; or
4-46 (3) has withdrawn a prior written authorization for
4-47 the person to consent.
4-48 (d) The Texas Youth Commission may consent to the
4-49 immunization of a child committed to it if a parent, managing
4-50 conservator, or guardian of the minor or other person who, under
4-51 the law of another state or court order, may consent for the minor
4-52 has been contacted and:
4-53 (1) refuses to consent; and
4-54 (2) does not expressly deny to the Texas Youth
4-55 Commission the authority to consent for the child.
4-56 (e) For the purposes of this section, a person cannot be
4-57 contacted if:
4-58 (1) the location of the person is unknown;
4-59 (2) a reasonable effort to locate and communicate with
4-60 the person authorized to consent made by a person listed in
4-61 Subsection (b) has failed and not more than 90 days have passed
4-62 since the date that the effort was made; or
4-63 (3) the person who may consent has been contacted and
4-64 the person:
4-65 (A) refuses to consent; and
4-66 (B) does not expressly deny authority to the
4-67 person listed in Subsection (b) to consent for the child.
4-68 Sec. 32.102. Delegation of Consent to Immunization. (a) A
4-69 person who may consent to the immunization of a child other than as
4-70 provided by this chapter may delegate that authority to:
5-1 (1) a grandparent of the child;
5-2 (2) an adult brother or sister of the child;
5-3 (3) an adult aunt or uncle of the child;
5-4 (4) a stepparent of the child; or
5-5 (5) another adult who has actual care, control, and
5-6 possession of the child.
5-7 (b) The delegation of consent under this section must be
5-8 made in writing and contain the information required in the
5-9 immunization rules adopted by the Texas Board of Health.
5-10 (c) An individual who may consent as provided by this
5-11 chapter to medical, dental, or psychological treatment for a child
5-12 may delegate the authority to consent to the immunization of the
5-13 child to a person in the manner permitted under Subsection (b).
5-14 (d) A health care provider may rely on a notarized or
5-15 similarly authenticated document from another state or country that
5-16 contains substantially the same information as is required in the
5-17 immunization consent rules of the Texas Board of Health if the
5-18 document is presented for consent.
5-19 (e) A person who consents under this section shall provide
5-20 the health care provider with a sufficient and accurate health
5-21 history and information about the child for whom consent is given
5-22 and, if necessary, a sufficient and accurate health history and
5-23 information about the child's family to enable the person who is
5-24 delegated the authority to consent to the immunization of the child
5-25 and the health care provider to adequately determine the risks and
5-26 benefits inherent in the proposed immunization and determine
5-27 whether the immunization is advisable.
5-28 Sec. 32.103. Informed Consent to Immunization. (a) A
5-29 person authorized to consent to the immunization of a child has the
5-30 responsibility to ensure that the consent, if given, is an informed
5-31 consent.
5-32 (b) The responsibility of a health care provider to provide
5-33 information to a person consenting to immunization is the same as
5-34 the provider's responsibility to a parent.
5-35 (c) As part of the information given in the counseling for
5-36 informed consent, the health care provider shall provide
5-37 information to inform the person authorized to consent to
5-38 immunization of the procedures available under the National
5-39 Childhood Vaccine Injury Act of 1986 (42 U.S.C. Section 300aa-1 et
5-40 seq.) to seek possible recovery for unreimbursed expenses for
5-41 certain injuries arising out of the administration of certain
5-42 vaccines.
5-43 Sec. 32.104. Limited Liability for Immunization. (a) In
5-44 the absence of wilful misconduct or gross negligence, a health care
5-45 provider who accepts the health history and other information given
5-46 by a person who is delegated the authority to consent to the
5-47 immunization of a child during the informed consent counseling is
5-48 not liable for an adverse reaction to an immunization or for other
5-49 injuries to the child resulting from factual errors in the health
5-50 history or information given by the person to the health care
5-51 provider.
5-52 (b) A person consenting to immunization of a child, a
5-53 physician, nurse, or other health care provider, or a public health
5-54 clinic, hospital, or other medical facility is not liable for
5-55 damages arising from an immunization administered to a child
5-56 authorized under this subchapter except for injuries resulting from
5-57 the person's or facility's own acts of negligence.
5-58 Sec. 32.105. Consent by Informal Guardian. (a) An adult
5-59 having actual care, control, and possession of a child as the
5-60 child's primary caregiver may file a petition requesting authority
5-61 to consent to the immunization of the child.
5-62 (b) A verified petition to grant authority for the adult to
5-63 consent to the immunization of the child for whom the adult is the
5-64 primary caregiver must be filed in the county where the child
5-65 resides and include:
5-66 (1) the name, place of residence, and date of birth of
5-67 the child, if known;
5-68 (2) the identity, if known, of the parent, managing
5-69 conservator, guardian, or other person who under the law of another
5-70 state or a court order may consent for the child, and who cannot be
6-1 contacted; and
6-2 (3) a statement that the adult has actual care,
6-3 control, and possession of the child as the primary caregiver.
6-4 (c) Citation of a parent, managing conservator, guardian, or
6-5 other person is not necessary before the petition is heard.
6-6 (d) If the court finds that the grant of authority is in the
6-7 best interest of the child, the court may grant authority for the
6-8 adult to consent to the immunization of the child for whom the
6-9 adult is an informal guardian.
6-10 (e) A hearing under this section is an ex parte hearing.
6-11 The court shall grant a preferential setting if requested.
6-12 (Sections 32.106-32.200 reserved for expansion)
6-13 SUBCHAPTER C. MISCELLANEOUS PROVISIONS
6-14 Sec. 32.201. Emergency Shelter for Minor Mothers. (a) An
6-15 emergency shelter facility may provide shelter and care to a minor
6-16 mother who is the sole financial support of her child or children.
6-17 (b) An emergency shelter facility may provide shelter or
6-18 care only during an emergency constituting an immediate danger to
6-19 the physical health or safety of the minor mother or her child or
6-20 children.
6-21 (c) Shelter or care provided under this section may not be
6-22 provided after the 15th day after the date the shelter or care is
6-23 commenced unless:
6-24 (1) the facility receives consent to continue services
6-25 from a parent or guardian of the minor mother; or
6-26 (2) the minor mother has qualified for Aid to Families
6-27 with Dependent Children under Chapter 31, Human Resources Code, and
6-28 is on the waiting list for housing assistance.
6-29 (Chapters 33-40 reserved for expansion)
6-30 SUBTITLE B. PARENTAL LIABILITY
6-31 CHAPTER 41. LIABILITY OF PARENTS FOR CONDUCT OF CHILD
6-32 Sec. 41.001. Liability. A parent or other person who has the
6-33 duty of control and reasonable discipline of a child is liable for
6-34 any property damage proximately caused by:
6-35 (1) the negligent conduct of the child if the conduct
6-36 is reasonably attributable to the negligent failure of the parent
6-37 or other persons to exercise that duty; or
6-38 (2) the wilful and malicious conduct of a child who is
6-39 at least 12 years of age but under 18 years of age.
6-40 Sec. 41.002. Limit of Damages. Recovery for damage caused
6-41 by wilful and malicious conduct is limited to actual damages, not
6-42 to exceed $15,000 per occurrence, plus court costs and reasonable
6-43 attorney's fees.
6-44 Sec. 41.003. Venue. A suit as provided by this chapter may
6-45 be filed in the county in which the conduct of the child occurred
6-46 or in the county in which the defendant resides.
6-47 CHAPTER 42. CIVIL LIABILITY FOR INTERFERENCE
6-48 WITH POSSESSORY INTEREST IN CHILD
6-49 Sec. 42.001. DEFINITIONS. In this chapter:
6-50 (1) "Order" means a temporary or final order of a
6-51 court of this state or another state or nation.
6-52 (2) "Possessory right" means a court-ordered right of
6-53 possession of or access to a child, including conservatorship,
6-54 custody, and visitation.
6-55 Sec. 42.002. LIABILITY FOR INTERFERENCE WITH POSSESSORY
6-56 RIGHT. (a) A person who takes or retains possession of a child or
6-57 who conceals the whereabouts of a child in violation of a
6-58 possessory right of another person may be liable for damages to
6-59 that person.
6-60 (b) A possessory right is violated by the taking, retention,
6-61 or concealment of a child at a time when another person is entitled
6-62 to possession of or access to the child.
6-63 Sec. 42.003. AIDING OR ASSISTING INTERFERENCE WITH
6-64 POSSESSORY RIGHT. (a) A person who aids or assists in conduct for
6-65 which a cause of action is authorized by this chapter is jointly
6-66 and severally liable for damages.
6-67 (b) A person who was not a party to the suit in which an
6-68 order was rendered providing for a possessory right is not liable
6-69 unless the person at the time of the violation:
6-70 (1) had actual notice of the existence and contents of
7-1 the order; or
7-2 (2) had reasonable cause to believe that the child was
7-3 the subject of an order and that the person's actions were likely
7-4 to violate the order.
7-5 Sec. 42.004. Notice. (a) As a prerequisite to the filing
7-6 of suit, a person who has been denied a possessory right shall give
7-7 written notice of the specific violation alleged to the person
7-8 alleged to be in violation of the order.
7-9 (b) The notice shall be by certified or registered mail,
7-10 return receipt requested, to the last known address of the person
7-11 alleged to be in violation of the order.
7-12 (c) The person giving notice shall include a statement of
7-13 intention to file suit unless the person alleged to have violated
7-14 the order promptly and fully complies with the order.
7-15 (d) A suit may not be filed until the 31st day after the
7-16 date on which the notice is mailed.
7-17 (e) Notice need not be given to a person aiding or assisting
7-18 conduct denying a possessory right.
7-19 (f) A party may introduce evidence that notice has been
7-20 given as provided by this section.
7-21 Sec. 42.005. VENUE. A suit may be filed in a county in
7-22 which:
7-23 (1) the plaintiff resides;
7-24 (2) the defendant resides;
7-25 (3) a suit affecting the parent-child relationship as
7-26 provided by Chapter 102 may be brought, concerning the child who is
7-27 the subject of the court order; or
7-28 (4) a court has continuing, exclusive jurisdiction as
7-29 provided by Chapter 155.
7-30 Sec. 42.006. DAMAGES. (a) Damages may include:
7-31 (1) the actual costs and expenses incurred in locating
7-32 a child who is the subject of the order;
7-33 (2) the actual costs and expenses, including
7-34 attorney's fees, incurred in enforcing the order and prosecuting
7-35 the suit; and
7-36 (3) mental suffering and anguish incurred by the
7-37 plaintiff because of a violation of the order.
7-38 (b) A person liable for damages who acted with malice or
7-39 with an intent to cause harm to the plaintiff may be liable for
7-40 exemplary damages.
7-41 Sec. 42.007. AFFIRMATIVE DEFENSE. The defendant may plead
7-42 as an affirmative defense that:
7-43 (1) the defendant acted in violation of the order with
7-44 the express consent of the plaintiff; or
7-45 (2) after receiving notice of an alleged violation,
7-46 the defendant promptly and fully complied with the order.
7-47 Sec. 42.008. REMEDIES NOT AFFECTED. This chapter does not
7-48 affect any other civil or criminal remedy available to any person,
7-49 including the child, for interference with a possessory right, nor
7-50 does it affect the power of a parent to represent the interest of a
7-51 child in a suit filed on behalf of the child.
7-52 Sec. 42.009. FRIVOLOUS SUIT. A person sued for damages as
7-53 provided by this chapter is entitled to recover attorney's fees and
7-54 court costs if:
7-55 (1) the claim for damages is dismissed or judgment is
7-56 awarded to the defendant; and
7-57 (2) the court or jury finds that the claim for damages
7-58 is frivolous, unreasonable, or without foundation.
7-59 (Chapters 43-44 reserved for expansion)
7-60 SUBTITLE C. CHANGE OF NAME
7-61 CHAPTER 45. CHANGE OF NAME
7-62 SUBCHAPTER A. CHANGE OF NAME OF CHILD
7-63 Sec. 45.001. WHO MAY FILE; VENUE. A parent, managing
7-64 conservator, or guardian of a child may file a petition requesting
7-65 a change of name of the child in the county where the child
7-66 resides.
7-67 Sec. 45.002. REQUIREMENTS OF PETITION. (a) A petition to
7-68 change the name of a child must be verified and include:
7-69 (1) the present name and place of residence of the
7-70 child;
8-1 (2) the reason a change of name is requested;
8-2 (3) the full name requested for the child; and
8-3 (4) whether the child is subject to the continuing
8-4 exclusive jurisdiction of a court under Chapter 155.
8-5 (b) If the child is 12 years of age or older, the child's
8-6 written consent to the change of name must be attached to the
8-7 petition.
8-8 Sec. 45.003. Citation. (a) The following persons are
8-9 entitled to citation in a suit under this subchapter:
8-10 (1) a parent of the child whose parental rights have
8-11 not been terminated;
8-12 (2) any managing conservator of the child; and
8-13 (3) any guardian of the child.
8-14 (b) Citation must be issued and served in the same manner as
8-15 under Chapter 102.
8-16 Sec. 45.004. Order. (a) The court may order the name of a
8-17 child changed if the change is in the best interest of the child.
8-18 (b) If the child is subject to the continuing jurisdiction
8-19 of a court under Chapter 155, the court shall send a copy of the
8-20 order to the central record file as provided in Chapter 108.
8-21 Sec. 45.005. LIABILITIES AND RIGHTS UNAFFECTED. A change of
8-22 name does not:
8-23 (1) release a child from any liability incurred in the
8-24 child's previous name; or
8-25 (2) defeat any right the child had in the child's
8-26 previous name.
8-27 (Sections 45.006-45.100 reserved for expansion)
8-28 SUBCHAPTER B. CHANGE OF NAME OF ADULT
8-29 Sec. 45.101. WHO MAY FILE; VENUE. An adult may file a
8-30 petition requesting a change of name in the county of the adult's
8-31 place of residence.
8-32 Sec. 45.102. REQUIREMENTS OF PETITION. (a) A petition to
8-33 change the name of an adult must be verified and include:
8-34 (1) the present name and place of residence of the
8-35 petitioner;
8-36 (2) the full name requested for the petitioner;
8-37 (3) the reason the change in name is requested; and
8-38 (4) whether the petitioner has been the subject of a
8-39 final felony conviction.
8-40 (b) The petition must include each of the following or a
8-41 reasonable explanation why the required information is not
8-42 included:
8-43 (1) the petitioner's:
8-44 (A) full name;
8-45 (B) sex;
8-46 (C) race;
8-47 (D) date of birth;
8-48 (E) driver's license number for any driver's
8-49 license issued in the 10 years preceding the date of the petition;
8-50 (F) social security number; and
8-51 (G) assigned FBI number, state identification
8-52 number, if known, or any other reference number in a criminal
8-53 history record system that identifies the petitioner;
8-54 (2) any offense above the grade of Class C misdemeanor
8-55 for which the petitioner has been charged; and
8-56 (3) the case number and the court if a warrant was
8-57 issued or a charging instrument was filed or presented for an
8-58 offense listed in Subsection (b)(2).
8-59 Sec. 45.103. Order. (a) The court shall order a change of
8-60 name under this subchapter for a person other than a person with a
8-61 final felony conviction if the change is in the interest or to the
8-62 benefit of the petitioner and in the interest of the public.
8-63 (b) A court may order a change of name under this subchapter
8-64 for a person with a final felony conviction if, in addition to the
8-65 requirements of Subsection (a), the person has:
8-66 (1) received a certificate of discharge by the pardons
8-67 and paroles division of the Texas Department of Criminal Justice or
8-68 completed a period of probation ordered by a court and not less
8-69 than two years have passed from the date of the receipt of
8-70 discharge or completion of probation; or
9-1 (2) been pardoned.
9-2 Sec. 45.104. Liabilities and Rights Unaffected. A change of
9-3 name under this subchapter does not release a person from liability
9-4 incurred in that person's previous name or defeat any right the
9-5 person had in the person's previous name.
9-6 TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING
9-7 THE PARENT-CHILD RELATIONSHIP
9-8 SUBTITLE A. GENERAL PROVISIONS
9-9 CHAPTER 101. DEFINITIONS
9-10 Sec. 101.001. APPLICABILITY OF DEFINITIONS. (a) Definitions
9-11 in this subchapter apply to this title.
9-12 (b) If, in another part of this title, a term defined by
9-13 this chapter has a meaning different from the meaning provided by
9-14 this chapter, the meaning of that other provision prevails.
9-15 Sec. 101.002. AUTHORIZED AGENCY. "Authorized agency" means
9-16 a public social agency authorized to care for children, including
9-17 the Texas Department of Protective and Regulatory Services.
9-18 Sec. 101.003. CHILD OR MINOR; ADULT. (a) "Child" or
9-19 "minor" means a person under 18 years of age who is not and has not
9-20 been married or who has not had the disabilities of minority
9-21 removed for general purposes.
9-22 (b) In the context of child support, "child" includes a
9-23 person over 18 years of age for whom a person may be obligated to
9-24 pay child support.
9-25 (c) "Adult" means a person who is not a child.
9-26 Sec. 101.004. CHILD SUPPORT AGENCY. "Child support agency"
9-27 means:
9-28 (1) the Title IV-D agency;
9-29 (2) a county or district attorney or any other county
9-30 officer or county agency that executes a cooperative agreement with
9-31 the Title IV-D agency to provide child support services under Part
9-32 D of Title IV of the federal Social Security Act (42 U.S.C. Section
9-33 651 et seq.) and Chapter 231; or
9-34 (3) a domestic relations office.
9-35 Sec. 101.005. CHILD SUPPORT REVIEW OFFICER. "Child support
9-36 review officer" means an individual designated by a child support
9-37 agency to conduct reviews under this title who has received family
9-38 law mediation training.
9-39 Sec. 101.006. CHILD SUPPORT SERVICES. "Child support
9-40 services" means administrative or court actions to:
9-41 (1) establish paternity;
9-42 (2) establish, modify, or enforce child support or
9-43 medical support obligations;
9-44 (3) locate absent parents; or
9-45 (4) cooperate with other states in these actions and
9-46 any other action authorized or required under Part D of Title IV of
9-47 the federal Social Security Act (42 U.S.C. Section 651 et seq.) or
9-48 Chapter 231.
9-49 Sec. 101.007. CLEAR AND CONVINCING EVIDENCE. "Clear and
9-50 convincing evidence" means the measure or degree of proof that will
9-51 produce in the mind of the trier of fact a firm belief or
9-52 conviction as to the truth of the allegations sought to be
9-53 established.
9-54 Sec. 101.008. COURT. "Court" means the district court,
9-55 juvenile court having the same jurisdiction as a district court, or
9-56 other court expressly given jurisdiction of a suit affecting the
9-57 parent-child relationship.
9-58 Sec. 101.009. DANGER TO PHYSICAL HEALTH OR SAFETY OF CHILD.
9-59 "Danger to the physical health or safety of a child" includes
9-60 exposure of the child to loss or injury that jeopardizes the
9-61 physical health or safety of the child without regard to whether
9-62 there has been an actual prior injury to the child.
9-63 Sec. 101.010. DISPOSABLE EARNINGS. "Disposable earnings"
9-64 means the part of the earnings of an individual remaining after the
9-65 deduction from those earnings of any amount required by law to be
9-66 withheld, union dues, nondiscretionary retirement contributions,
9-67 and medical, hospitalization, and disability insurance coverage for
9-68 the obligor and the obligor's children.
9-69 Sec. 101.011. EARNINGS. "Earnings" means compensation paid
9-70 or payable for personal services, whether denominated as wages,
10-1 salary, compensation received as an independent contractor,
10-2 overtime pay, severance pay, commission, bonus, or otherwise. The
10-3 term includes periodic payments pursuant to a pension, an annuity,
10-4 workers' compensation, a disability and retirement program, and
10-5 unemployment benefits.
10-6 Sec. 101.012. EMPLOYER. "Employer" means a person,
10-7 corporation, partnership, workers' compensation insurance carrier,
10-8 governmental entity, and the United States.
10-9 Sec. 101.013. FILED. "Filed" means officially filed with
10-10 the clerk of the court.
10-11 Sec. 101.014. GOVERNMENTAL ENTITY. "Governmental entity"
10-12 means the state, a political subdivision of the state, or an agency
10-13 of the state.
10-14 Sec. 101.015. HEALTH INSURANCE. "Health insurance" means
10-15 insurance coverage that provides basic health care services,
10-16 including usual physician services, office visits, hospitalization,
10-17 and laboratory, X-ray, and emergency services, that may be provided
10-18 through a health maintenance organization or other private or
10-19 public organization.
10-20 Sec. 101.016. JOINT MANAGING CONSERVATORSHIP. "Joint
10-21 managing conservatorship" means the sharing of the rights and
10-22 duties of a parent by two parties, ordinarily the parents, even if
10-23 the exclusive right to make certain decisions may be awarded to one
10-24 party.
10-25 Sec. 101.017. LICENSED CHILD PLACING AGENCY. "Licensed
10-26 child placing agency" means a person, private association, or
10-27 corporation approved by the Department of Protective and Regulatory
10-28 Services to place children for adoption through a license,
10-29 certification, or other means.
10-30 Sec. 101.018. LOCAL REGISTRY. "Local registry" means an
10-31 agency or entity operated under the authority of a district clerk,
10-32 county government, juvenile board, juvenile probation office,
10-33 domestic relations office, or other county agency or entity that
10-34 serves a county or a court that has jurisdiction under this title
10-35 and that:
10-36 (1) receives child support payments;
10-37 (2) maintains records of child support payments;
10-38 (3) distributes child support payments as required by
10-39 law; and
10-40 (4) maintains custody of official child support
10-41 payment records.
10-42 Sec. 101.019. MANAGING CONSERVATORSHIP. "Managing
10-43 conservatorship" means the relationship between a child and a
10-44 managing conservator appointed by court order.
10-45 Sec. 101.020. MEDICAL SUPPORT. "Medical support" means
10-46 periodic payments or a lump-sum payment made under a court order to
10-47 cover medical expenses, including health insurance coverage,
10-48 incurred for the benefit of a child.
10-49 Sec. 101.021. OBLIGEE. "Obligee" means a person or entity
10-50 entitled to receive payments under an order of child support,
10-51 including an agency of this state or of another jurisdiction to
10-52 which a person has assigned the person's right to support.
10-53 Sec. 101.022. OBLIGOR. "Obligor" means a person required to
10-54 make payments under the terms of a support order for a child.
10-55 Sec. 101.023. ORDER. "Order" means a final order unless
10-56 identified as a temporary order or the context clearly requires a
10-57 different meaning. The term includes a decree and a judgment.
10-58 Sec. 101.024. PARENT. "Parent" means the mother, a man
10-59 presumed to be the biological father or who has been adjudicated to
10-60 be the biological father by a court of competent jurisdiction, or
10-61 an adoptive mother or father. The term does not include a parent
10-62 as to whom the parent-child relationship has been terminated.
10-63 Sec. 101.025. PARENT-CHILD RELATIONSHIP. "Parent-child
10-64 relationship" means the legal relationship between a child and the
10-65 child's biological or adoptive parents as provided by Chapter 151.
10-66 The term includes the mother and child relationship and the father
10-67 and child relationship.
10-68 Sec. 101.026. RENDER. "Render" means the pronouncement by a
10-69 judge of the court's ruling on a matter. The pronouncement may be
10-70 made orally in the presence of the court reporter or in writing,
11-1 including on the court's docket sheet or by a separate written
11-2 instrument.
11-3 Sec. 101.027. PARENT LOCATOR SERVICE. "Parent locator
11-4 service" means the service established under 42 U.S.C. Section 653.
11-5 Sec. 101.028. SCHOOL. "School" means a primary or secondary
11-6 school in which a child is enrolled or, if the child is not
11-7 enrolled in a primary or secondary school, the public school
11-8 district in which the child primarily resides.
11-9 Sec. 101.029. STANDARD POSSESSION ORDER. "Standard
11-10 possession order" means an order that provides a parent with rights
11-11 of possession of a child in accordance with the terms and
11-12 conditions of Subchapter F, Chapter 153.
11-13 Sec. 101.030. STATE. "State" means a state of the United
11-14 States, the District of Columbia, the Commonwealth of Puerto Rico,
11-15 or a territory or insular possession subject to the jurisdiction of
11-16 the United States. The term includes an Indian tribe and a foreign
11-17 jurisdiction that has established procedures for rendition and
11-18 enforcement of an order that are substantially similar to the
11-19 procedures of this title.
11-20 Sec. 101.031. SUIT. "Suit" means a suit affecting the
11-21 parent-child relationship.
11-22 Sec. 101.032. SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP.
11-23 (a) "Suit affecting the parent-child relationship" means a suit
11-24 filed as provided by this title in which the appointment of a
11-25 managing conservator or a possessory conservator, access to or
11-26 support of a child, or establishment or termination of the
11-27 parent-child relationship is requested.
11-28 (b) The following are not suits affecting the parent-child
11-29 relationship:
11-30 (1) a habeas corpus proceeding under Chapter 157;
11-31 (2) a proceeding filed under Chapter 159 to determine
11-32 parentage or to establish, enforce, or modify child support,
11-33 whether this state is acting as the initiating or responding state;
11-34 and
11-35 (3) a proceeding under Title 2.
11-36 Sec. 101.033. Title IV-D agency. "Title IV-D agency" means
11-37 the state agency designated under Chapter 231 to provide services
11-38 under Part D of Title IV of the federal Social Security Act (42
11-39 U.S.C. Section 651 et seq.).
11-40 Sec. 101.034. TITLE IV-D CASE. "Title IV-D case" means an
11-41 action to establish or enforce support obligations filed under Part
11-42 D, Title IV, of the federal Social Security Act (42 U.S.C. Section
11-43 651 et seq.).
11-44 Sec. 101.035. TRIBUNAL. "Tribunal" means a court,
11-45 administrative agency, or quasi-judicial entity of a state
11-46 authorized to establish, enforce, or modify support orders or to
11-47 determine parentage.
11-48 CHAPTER 102. FILING SUIT
11-49 Sec. 102.001. SUIT AUTHORIZED; SCOPE OF SUIT. (a) A suit
11-50 may be filed as provided in this title.
11-51 (b) One or more matters covered by this title may be
11-52 determined in the suit. The court, on its own motion, may require
11-53 the parties to replead in order that any issue affecting the
11-54 parent-child relationship may be determined in the suit.
11-55 Sec. 102.002. COMMENCEMENT OF SUIT. An original suit begins
11-56 by the filing of a petition as provided by this chapter.
11-57 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original
11-58 suit may be filed at any time by:
11-59 (1) a parent of the child;
11-60 (2) the child through a representative authorized by
11-61 the court;
11-62 (3) a custodian or person having the right of
11-63 visitation with or access to the child appointed by an order of a
11-64 court of another state or country;
11-65 (4) a guardian of the person or of the estate of the
11-66 child;
11-67 (5) a governmental entity;
11-68 (6) an authorized agency;
11-69 (7) a licensed child placing agency;
11-70 (8) a man alleging himself to be the biological father
12-1 of a child filing in accordance with Chapter 160, but not
12-2 otherwise;
12-3 (9) a person who has had actual care, control, and
12-4 possession of the child for not less than six months preceding the
12-5 filing of the petition;
12-6 (10) a person designated as the managing conservator
12-7 in a revoked or unrevoked affidavit of relinquishment under Chapter
12-8 161 or to whom consent to adoption has been given in writing under
12-9 Chapter 162; or
12-10 (11) a person with whom the child and the child's
12-11 guardian, managing conservator, or parent have resided for not less
12-12 than six months preceding the filing of the petition if the child's
12-13 guardian, managing conservator, or parent is deceased at the time
12-14 of the filing of the petition.
12-15 Sec. 102.004. STANDING FOR GRANDPARENT. (a) An original
12-16 suit requesting managing conservatorship may be filed by a
12-17 grandparent if there is satisfactory proof to the court that:
12-18 (1) the order requested is necessary because the
12-19 child's present environment presents a serious question concerning
12-20 the child's physical health or welfare; or
12-21 (2) both parents, the surviving parent, or the
12-22 managing conservator or custodian either filed the petition or
12-23 consented to the suit.
12-24 (b) An original suit requesting possessory conservatorship
12-25 may not be filed by a grandparent or other person. However, the
12-26 court may grant a grandparent or other person deemed by the court
12-27 to have had substantial past contact with the child leave to
12-28 intervene in a pending suit filed by a person authorized to do so
12-29 under this subchapter.
12-30 (c) Access to a child by a grandparent is governed by the
12-31 standards established by Chapter 153.
12-32 Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION.
12-33 An original suit requesting only an adoption or for termination of
12-34 the parent-child relationship joined with a petition for adoption
12-35 may be filed by:
12-36 (1) a stepparent of the child;
12-37 (2) an adult who, as the result of a placement for
12-38 adoption, has had actual possession and control of the child at any
12-39 time during the 30-day period preceding the filing of the petition;
12-40 (3) an adult who has had actual possession and control
12-41 of the child for not less than two months during the three-month
12-42 period preceding the filing of the petition; or
12-43 (4) another adult whom the court determines to have
12-44 had substantial past contact with the child sufficient to warrant
12-45 standing to do so.
12-46 Sec. 102.006. LIMITATIONS ON STANDING. (a) Except as
12-47 provided by Subsection (b), if the parent-child relationship
12-48 between the child and every living parent of the child has been
12-49 terminated, an original suit may not be filed by:
12-50 (1) a former parent whose parent-child relationship
12-51 with the child has been terminated by court order;
12-52 (2) the biological father of the child; or
12-53 (3) a family member or relative by blood, adoption, or
12-54 marriage of either a former parent whose parent-child relationship
12-55 has been terminated or of the biological father of the child.
12-56 (b) The limitations on filing suit imposed by this section
12-57 do not apply to a person who:
12-58 (1) has a continuing right to possession of or access
12-59 to the child under an existing court order; or
12-60 (2) has the consent of the child's managing
12-61 conservator, guardian, or legal custodian to bring the suit.
12-62 Sec. 102.007. STANDING OF TITLE IV-D AGENCY. In providing
12-63 services authorized by Chapter 231, the Title IV-D agency may file
12-64 a child support action authorized under this title, including a
12-65 suit for modification or a motion for enforcement.
12-66 Sec. 102.008. CONTENTS OF PETITION. (a) The petition and
12-67 all other documents in a proceeding filed under this title, except
12-68 a suit for adoption of an adult, shall be entitled "In the interest
12-69 of __________, a child." In a suit in which adoption of a child is
12-70 requested, the style shall be "In the interest of a child."
13-1 (b) The petition must include:
13-2 (1) a statement that the court in which the petition
13-3 is filed has continuing, exclusive jurisdiction or that no court
13-4 has continuing jurisdiction of the suit;
13-5 (2) the name, sex, place and date of birth, and place
13-6 of residence of the child, except that if adoption of a child is
13-7 requested, the name of the child may be omitted;
13-8 (3) the full name, age, and place of residence of the
13-9 petitioner and the petitioner's relationship to the child or the
13-10 fact that no relationship exists;
13-11 (4) the names, ages, and place of residence of the
13-12 parents, except in a suit in which adoption is requested;
13-13 (5) the name and place of residence of the managing
13-14 conservator, if any, or the child's custodian, if any, appointed by
13-15 order of a court of another state or country;
13-16 (6) the names and places of residence of the guardians
13-17 of the person and estate of the child, if any;
13-18 (7) the names and places of residence of possessory
13-19 conservators or other persons, if any, having possession of or
13-20 access to the child under an order of the court;
13-21 (8) the name and place of residence of an alleged
13-22 father of the child or a statement that the identity of the father
13-23 of the child is unknown;
13-24 (9) a full description and statement of value of all
13-25 property owned or possessed by the child;
13-26 (10) a statement describing what action the court is
13-27 requested to take concerning the child and the statutory grounds on
13-28 which the request is made; and
13-29 (11) any other information required by this title.
13-30 Sec. 102.009. SERVICE OF CITATION. (a) Except as provided
13-31 by Subsection (b), the following persons are entitled to service of
13-32 citation on the filing of a petition in an original suit:
13-33 (1) a managing conservator;
13-34 (2) a possessory conservator;
13-35 (3) a person having possession of or access to the
13-36 child under an order;
13-37 (4) a person required by law or by order to provide
13-38 for the support of the child;
13-39 (5) a guardian of the person of the child;
13-40 (6) a guardian of the estate of the child;
13-41 (7) each parent as to whom the parent-child
13-42 relationship has not been terminated or process has not been waived
13-43 under Chapter 161; and
13-44 (8) an alleged father, unless there is attached to the
13-45 petition an affidavit of waiver of interest in a child executed by
13-46 the alleged father as provided by Chapter 161.
13-47 (b) Citation may be served on any other person who has or
13-48 who may assert an interest in the child.
13-49 (c) Citation on the filing of an original petition in a suit
13-50 shall be issued and served as in other civil cases.
13-51 (d) If the petition requests the establishment,
13-52 modification, or enforcement of a support right assigned to the
13-53 Title IV-D agency under Chapter 231, notice shall be given to the
13-54 attorney general in a manner provided by Rule 21a, Texas Rules of
13-55 Civil Procedure.
13-56 Sec. 102.010. SERVICE OF CITATION BY PUBLICATION.
13-57 (a) Citation may be served by publication as in other civil cases
13-58 to persons entitled to service of citation who cannot be notified
13-59 by personal service or registered or certified mail and to persons
13-60 whose names are unknown.
13-61 (b) Citation by publication shall be published one time. If
13-62 the name of a person entitled to service of citation is unknown,
13-63 the notice to be published shall be addressed to "All Whom It May
13-64 Concern." One or more causes to be heard on a certain day may be
13-65 included in one notice and hearings may be continued from time to
13-66 time without further notice.
13-67 (c) Citation by publication shall be sufficient if given in
13-68 substantially the following form:
13-69 "STATE OF TEXAS
13-70 To (names of persons to be served with citation) and to all whom it
14-1 may concern (if the name of any person to be served with citation
14-2 is unknown), Respondent(s),
14-3 "You have been sued. You may employ an attorney. If you or
14-4 your attorney do (does) not file a written answer with the clerk
14-5 who issued this citation by 10 a.m. on the Monday next following
14-6 the expiration of 20 days after you were served this citation and
14-7 petition, a default judgment may be taken against you. The
14-8 petition of ______________, Petitioner, was filed in the Court of
14-9 _______________ County, Texas, on the ___ day of _________, _____,
14-10 against __________, Respondent(s), numbered _____, and entitled 'In
14-11 the interest of __________, a child (or children).' The suit
14-12 requests (statement of relief requested, e.g., 'terminate the
14-13 parent-child relationship'). The date and place of birth of the
14-14 child (children) who is (are) the subject of the suit:
14-15 _____________.
14-16 "The court has authority in this suit to render an order in
14-17 the child's (children's) interest that will be binding on you,
14-18 including the termination of the parent-child relationship, the
14-19 determination of paternity, and the appointment of a conservator
14-20 with authority to consent to the child's (children's) adoption.
14-21 "Issued and given under my hand and seal of the Court at
14-22 _________, Texas, this the ___ day of _______, ____.
14-23 ". . . . . . . . . . . . . . .
14-24 Clerk of the District Court of
14-25 _______________ County, Texas.
14-26 By _____________, Deputy."
14-27 Sec. 102.011. ACQUIRING JURISDICTION OVER NONRESIDENT.
14-28 (a) The court may exercise status or subject matter jurisdiction
14-29 over the suit as provided by Chapter 152.
14-30 (b) The court may also exercise personal jurisdiction over a
14-31 person on whom service of citation is required or over the person's
14-32 personal representative, although the person is not a resident or
14-33 domiciliary of this state, if:
14-34 (1) the person is personally served with citation in
14-35 this state;
14-36 (2) the person submits to the jurisdiction of this
14-37 state by consent, by entering a general appearance, or by filing a
14-38 responsive document having the effect of waiving any contest to
14-39 personal jurisdiction;
14-40 (3) the child resides in this state as a result of the
14-41 acts or directives of the person;
14-42 (4) the person resided with the child in this state;
14-43 (5) the person resided in this state and provided
14-44 prenatal expenses or support for the child;
14-45 (6) the person engaged in sexual intercourse in this
14-46 state and the child may have been conceived by that act of
14-47 intercourse; or
14-48 (7) there is any basis consistent with the
14-49 constitutions of this state and the United States for the exercise
14-50 of the personal jurisdiction.
14-51 Sec. 102.012. EXERCISING PARTIAL JURISDICTION. (a) A court
14-52 in which a suit is filed may exercise its jurisdiction over those
14-53 portions of the suit for which it has authority.
14-54 (b) The court's authority to resolve all issues in
14-55 controversy between the parties may be restricted because the court
14-56 lacks:
14-57 (1) the required personal jurisdiction over a
14-58 nonresident party;
14-59 (2) the required jurisdiction under Chapter 152; or
14-60 (3) the required jurisdiction under Chapter 157.
14-61 (c) If a provision of Chapter 152 or Chapter 159 expressly
14-62 conflicts with another provision of this title and the conflict
14-63 cannot be reconciled, the provision of Chapter 152 or Chapter 159
14-64 prevails.
14-65 (d) In exercising jurisdiction, the court shall seek to
14-66 harmonize the provisions of this code, the federal Parental
14-67 Kidnapping Prevention Act (28 U.S.C. Section 1738A), and the
14-68 federal Full Faith and Credit for Child Support Order Act (28
14-69 U.S.C. Section 1738B).
14-70 Sec. 102.013. DOCKETING REQUIREMENTS. (a) In a suit for
15-1 modification or a motion for enforcement, the clerk shall file the
15-2 petition or motion and all related papers under the same docket
15-3 number as the prior proceeding without additional letters, digits,
15-4 or special designations.
15-5 (b) If a suit requests the adoption of a child, the clerk
15-6 shall file the suit and all other papers relating to the suit in a
15-7 new file having a new docket number.
15-8 CHAPTER 103. VENUE AND TRANSFER OF ORIGINAL PROCEEDINGS
15-9 Sec. 103.001. VENUE FOR ORIGINAL SUIT. (a) Except as
15-10 otherwise provided by this title, an original suit shall be filed
15-11 in the county where the child resides, unless:
15-12 (1) another court has continuing exclusive
15-13 jurisdiction under Chapter 155; or
15-14 (2) venue is fixed in a suit for dissolution of a
15-15 marriage under Chapter 3.
15-16 (b) A suit in which adoption is requested may be filed in
15-17 the county where the child resides or in the county where the
15-18 petitioners reside.
15-19 (c) A child resides in the county where the child's parents
15-20 reside or the child's parent resides, if only one parent is living,
15-21 except that:
15-22 (1) if a guardian of the person has been appointed by
15-23 order of a county or probate court and a managing conservator has
15-24 not been appointed, the child resides in the county where the
15-25 guardian of the person resides;
15-26 (2) if the parents of the child do not reside in the
15-27 same county and if a managing conservator, custodian, or guardian
15-28 of the person has not been appointed, the child resides in the
15-29 county where the parent having actual care, control, and possession
15-30 of the child resides;
15-31 (3) if the child is in the care and control of an
15-32 adult other than a parent and a managing conservator, custodian, or
15-33 guardian of the person has not been appointed, the child resides
15-34 where the adult having actual care, control, and possession of the
15-35 child resides;
15-36 (4) if the child is in the actual care, control, and
15-37 possession of an adult other than a parent and the whereabouts of
15-38 the parent and the guardian of the person is unknown, the child
15-39 resides where the adult having actual possession, care, and control
15-40 of the child resides;
15-41 (5) if the person whose residence would otherwise
15-42 determine venue has left the child in the care and control of the
15-43 adult, the child resides where that adult resides;
15-44 (6) if a guardian or custodian of the child has been
15-45 appointed by order of a court of another state or country, the
15-46 child resides in the county where the guardian or custodian resides
15-47 if that person resides in this state; or
15-48 (7) if it appears that the child is not under the
15-49 actual care, control, and possession of an adult, the child resides
15-50 where the child is found.
15-51 Sec. 103.002. TRANSFER OF ORIGINAL PROCEEDINGS WITHIN STATE.
15-52 (a) If venue of a suit is improper in the court in which an
15-53 original suit is filed and no other court has continuing, exclusive
15-54 jurisdiction of the suit, on the timely motion of a party other
15-55 than the petitioner, the court shall transfer the proceeding to the
15-56 county where venue is proper.
15-57 (b) On a showing that a suit for dissolution of the marriage
15-58 of the child's parents has been filed in another court, a court in
15-59 which a suit is pending shall transfer the proceedings to the court
15-60 where the dissolution of the marriage is pending.
15-61 (c) The procedures in Chapter 155 apply to a transfer of:
15-62 (1) an original suit under this section; or
15-63 (2) a suit for modification or a motion for
15-64 enforcement under this title.
15-65 Sec. 103.003. TRANSFER OF ORIGINAL SUIT WITHIN STATE WHEN
15-66 PARTY OR CHILD RESIDES OUTSIDE STATE. (a) A court of this state
15-67 in which an original suit is filed or in which a suit for child
15-68 support is filed under Chapter 159 shall transfer the suit to the
15-69 county of residence of the party who is a resident of this state if
15-70 all other parties and children affected by the proceedings reside
16-1 outside this state.
16-2 (b) If one or more of the parties affected by the suit
16-3 reside outside this state and if more than one party or one or more
16-4 children affected by the proceeding reside in this state in
16-5 different counties, the court shall transfer the suit according to
16-6 the following priorities:
16-7 (1) to the court of continuing, exclusive
16-8 jurisdiction, if any;
16-9 (2) to the county of residence of the child, if
16-10 applicable, provided that:
16-11 (A) there is no court of continuing, exclusive
16-12 jurisdiction; or
16-13 (B) the court of continuing, exclusive
16-14 jurisdiction finds that neither a party nor a child affected by the
16-15 proceeding resides in the county of the court of continuing
16-16 jurisdiction; or
16-17 (3) if Subdivisions (1) and (2) are inapplicable, to
16-18 the county most appropriate to serve the convenience of the
16-19 resident parties, the witnesses, and the interest of justice.
16-20 (c) If a transfer of an original suit or suit for child
16-21 support under Chapter 159 is sought under this section, Chapter 155
16-22 applies to the procedures for transfer of the suit.
16-23 CHAPTER 104. EVIDENCE
16-24 Sec. 104.001. RULES OF EVIDENCE. Except as otherwise
16-25 provided, the Texas Rules of Civil Evidence apply as in other civil
16-26 cases.
16-27 Sec. 104.002. PRERECORDED STATEMENT OF CHILD. If a child 12
16-28 years of age or younger is alleged in a suit under this title to
16-29 have been abused, the recording of an oral statement of the child
16-30 recorded prior to the proceeding is admissible into evidence if:
16-31 (1) no attorney for a party was present when the
16-32 statement was made;
16-33 (2) the recording is both visual and aural and is
16-34 recorded on film or videotape or by other electronic means;
16-35 (3) the recording equipment was capable of making an
16-36 accurate recording, the operator was competent, and the recording
16-37 is accurate and has not been altered;
16-38 (4) the statement was not made in response to
16-39 questioning calculated to lead the child to make a particular
16-40 statement;
16-41 (5) each voice on the recording is identified;
16-42 (6) the person conducting the interview of the child
16-43 in the recording is present at the proceeding and available to
16-44 testify or be cross-examined by either party; and
16-45 (7) each party is afforded an opportunity to view the
16-46 recording before it is offered into evidence.
16-47 Sec. 104.003. PRERECORDED VIDEOTAPED TESTIMONY OF CHILD.
16-48 (a) The court may, on the motion of a party to the proceeding,
16-49 order that the testimony of the child be taken outside the
16-50 courtroom and be recorded for showing in the courtroom before the
16-51 court, the finder of fact, and the parties to the proceeding.
16-52 (b) Only an attorney for each party, an attorney ad litem
16-53 for the child or other person whose presence would contribute to
16-54 the welfare and well-being of the child, and persons necessary to
16-55 operate the equipment may be present in the room with the child
16-56 during the child's testimony.
16-57 (c) Only the attorneys for the parties may question the
16-58 child.
16-59 (d) The persons operating the equipment shall be placed in a
16-60 manner that prevents the child from seeing or hearing them.
16-61 (e) The court shall ensure that:
16-62 (1) the recording is both visual and aural and is
16-63 recorded on film or videotape or by other electronic means;
16-64 (2) the recording equipment was capable of making an
16-65 accurate recording, the operator was competent, and the recording
16-66 is accurate and is not altered;
16-67 (3) each voice on the recording is identified; and
16-68 (4) each party to the proceeding is afforded an
16-69 opportunity to view the recording before it is shown in the
16-70 courtroom.
17-1 Sec. 104.004. REMOTE TELEVISED BROADCAST OF TESTIMONY OF
17-2 CHILD. (a) If in a suit a child 12 years of age or younger is
17-3 alleged to have been abused, the court may, on the motion of a
17-4 party to the proceeding, order that the testimony of the child be
17-5 taken in a room other than the courtroom and be televised by
17-6 closed-circuit equipment in the courtroom to be viewed by the court
17-7 and the parties.
17-8 (b) The procedures that apply to prerecorded videotaped
17-9 testimony of a child apply to the remote broadcast of testimony of
17-10 a child.
17-11 Sec. 104.005. SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
17-12 If the testimony of a child is taken as provided by this
17-13 subchapter, the child may not be compelled to testify in court
17-14 during the proceeding.
17-15 CHAPTER 105. SETTINGS, HEARINGS, AND ORDERS
17-16 Sec. 105.001. TEMPORARY ORDERS BEFORE FINAL ORDER. (a) In a
17-17 suit, the court may make a temporary order, including the
17-18 modification of a prior temporary order, for the safety and welfare
17-19 of the child, including an order:
17-20 (1) for the temporary conservatorship of the child;
17-21 (2) for the temporary support of the child;
17-22 (3) restraining a party from molesting or disturbing
17-23 the peace of the child or another party;
17-24 (4) prohibiting a person from removing the child
17-25 beyond a geographical area identified by the court; or
17-26 (5) for payment of reasonable attorney's fees and
17-27 expenses.
17-28 (b) Except as provided by Subsection (c), temporary
17-29 restraining orders and temporary injunctions under this section
17-30 shall be granted without the necessity of an affidavit or verified
17-31 pleading stating specific facts showing that immediate and
17-32 irreparable injury, loss, or damage will result before notice can
17-33 be served and a hearing can be held. An order may not be rendered
17-34 under Subsection (a)(1), (2), or (5) except after notice and a
17-35 hearing. A temporary restraining order granted under this section
17-36 need not:
17-37 (1) define the injury or state why it is irreparable;
17-38 or
17-39 (2) state why the order was granted without notice.
17-40 (c) Except on a verified pleading or an affidavit in
17-41 accordance with the Texas Rules of Civil Procedure, an order may
17-42 not be rendered:
17-43 (1) attaching the body of the child;
17-44 (2) taking the child into the possession of the court
17-45 or of a parent designated by the court; or
17-46 (3) excluding a parent from possession of or access to
17-47 a child.
17-48 (d) In a suit, the court may dispense with the necessity of:
17-49 (1) a bond in connection with temporary orders in
17-50 behalf of the child; and
17-51 (2) setting the cause for trial on the merits with
17-52 respect to the ultimate relief requested.
17-53 (e) Temporary orders rendered under this section are not
17-54 subject to interlocutory appeal.
17-55 (f) The violation of a temporary restraining order,
17-56 temporary injunction, or other temporary order rendered under this
17-57 section is punishable by contempt and the order is subject to and
17-58 enforceable under Chapter 157.
17-59 (g) The rebuttable presumptions established in favor of the
17-60 application of the guidelines for a child support order and for the
17-61 standard possession order under Chapters 153 and 154 apply to
17-62 temporary orders. The presumptions do not limit the authority of
17-63 the court to render other temporary orders.
17-64 Sec. 105.002. JURY. (a) Except in a suit in which adoption
17-65 is requested, a party may demand a jury trial.
17-66 (b) The court may not render an order that contravenes the
17-67 verdict of the jury, except with respect to the issues of the
17-68 specific terms and conditions of possession of and access to the
17-69 child, support of the child, and the rights, privileges, duties,
17-70 and powers of sole managing conservators, joint managing
18-1 conservators, or possessory conservators, on which the court may
18-2 submit or refuse to submit issues to the jury as the court
18-3 determines appropriate, and on which issues the jury verdict is
18-4 advisory only.
18-5 Sec. 105.003. PROCEDURE FOR CONTESTED HEARING. (a) Except
18-6 as otherwise provided by this title, proceedings shall be as in
18-7 civil cases generally.
18-8 (b) On the agreement of all parties to the suit, the court
18-9 may limit attendance at the hearing to only those persons who have
18-10 a direct interest in the suit or in the work of the court.
18-11 (c) A record shall be made as in civil cases generally
18-12 unless waived by the parties with the consent of the court.
18-13 (d) When information contained in a report, study, or
18-14 examination is before the court, the person making the report,
18-15 study, or examination is subject to both direct examination and
18-16 cross-examination as in civil cases generally.
18-17 (e) The hearing may be adjourned from time to time.
18-18 Sec. 105.004. PREFERENTIAL SETTING. After a hearing, the
18-19 court may:
18-20 (1) grant a motion filed by a party or the attorney or
18-21 guardian ad litem for the child for a preferential setting for a
18-22 trial on the merits; and
18-23 (2) give precedence to that hearing over other civil
18-24 cases if the court finds that the delay created by ordinary
18-25 scheduling practices will unreasonably affect the best interest of
18-26 the child.
18-27 Sec. 105.005. FINDINGS. Except as otherwise provided by
18-28 this title, the court's findings shall be based on a preponderance
18-29 of the evidence.
18-30 Sec. 105.006. CONTENTS OF FINAL ORDER. (a) A final order
18-31 must contain:
18-32 (1) the social security number and driver's license
18-33 number of each party to the suit, including the child, except that
18-34 the child's social security number or driver's license number is
18-35 not required if the child has not been assigned a social security
18-36 number or driver's license number; and
18-37 (2) each party's current residence address, mailing
18-38 address, home telephone number, name of employer, address of
18-39 employment, and work telephone number, except as provided by
18-40 Subsection (c).
18-41 (b) Except as provided by Subsection (c), in an order for
18-42 child support or possession of or access to a child the court shall
18-43 order each party to inform the clerk and all other parties of a
18-44 change in any of the information required by this section to be
18-45 included in the order:
18-46 (1) before the 11th day after the date of the change,
18-47 as long as any person, as a result of the order, is under an
18-48 obligation to pay child support or is entitled to possession of or
18-49 access to a child; and
18-50 (2) if the change in the information is an intended
18-51 change, on or before the 60th day before the date the party intends
18-52 to make the change, as long as any person, as a result of the
18-53 order, is under an obligation to pay child support or is entitled
18-54 to possession of or access to a child.
18-55 (c) If a court finds after notice and hearing that requiring
18-56 a party to provide the information required by this section is
18-57 likely to cause the child or a conservator harassment, abuse,
18-58 serious harm, or injury, the court may:
18-59 (1) order the information not to be disclosed to
18-60 another party; or
18-61 (2) render any other order the court considers
18-62 necessary.
18-63 (d) An order in a suit that orders child support or
18-64 possession of or access to a child must contain the following
18-65 notice in bold-faced type or in capital letters:
18-66 "FAILURE TO OBEY A COURT ORDER FOR CHILD SUPPORT OR FOR
18-67 POSSESSION OF OR ACCESS TO A CHILD MAY RESULT IN FURTHER LITIGATION
18-68 TO ENFORCE THE ORDER, INCLUDING CONTEMPT OF COURT. A FINDING OF
18-69 CONTEMPT MAY BE PUNISHED BY CONFINEMENT IN JAIL FOR UP TO SIX
18-70 MONTHS, A FINE OF UP TO $500 FOR EACH VIOLATION, AND A MONEY
19-1 JUDGMENT FOR PAYMENT OF ATTORNEY'S FEES AND COURT COSTS.
19-2 "FAILURE OF A PARTY TO MAKE A CHILD SUPPORT PAYMENT TO THE
19-3 PLACE AND IN THE MANNER REQUIRED BY A COURT ORDER MAY RESULT IN THE
19-4 PARTY NOT RECEIVING CREDIT FOR MAKING THE PAYMENT.
19-5 "FAILURE OF A PARTY TO PAY CHILD SUPPORT DOES NOT JUSTIFY
19-6 DENYING THAT PARTY COURT-ORDERED POSSESSION OF OR ACCESS TO A
19-7 CHILD. REFUSAL BY A PARTY TO ALLOW POSSESSION OF OR ACCESS TO A
19-8 CHILD DOES NOT JUSTIFY FAILURE TO PAY COURT-ORDERED CHILD SUPPORT
19-9 TO THAT PARTY."
19-10 (e) Except as provided by Subsection (c), an order in a suit
19-11 that orders child support or possession of or access to a child
19-12 must also contain the following order in bold-faced type or in
19-13 capital letters:
19-14 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
19-15 NOTIFY THE CLERK OF THIS COURT WITHIN 10 DAYS AFTER THE DATE OF ANY
19-16 CHANGE IN THE PARTY'S CURRENT RESIDENCE ADDRESS, MAILING ADDRESS,
19-17 HOME TELEPHONE NUMBER, NAME OF EMPLOYER, ADDRESS OF PLACE OF
19-18 EMPLOYMENT, AND WORK TELEPHONE NUMBER. THE DUTY TO FURNISH THIS
19-19 INFORMATION TO THE CLERK OF THE COURT CONTINUES AS LONG AS ANY
19-20 PERSON, BY VIRTUE OF THIS ORDER, IS UNDER AN OBLIGATION TO PAY
19-21 CHILD SUPPORT OR ENTITLED TO POSSESSION OF OR ACCESS TO A CHILD.
19-22 FAILURE TO OBEY THE ORDER OF THIS COURT TO PROVIDE THE CLERK WITH
19-23 THE CURRENT MAILING ADDRESS OF A PARTY MAY RESULT IN THE ISSUANCE
19-24 OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT PARTY CANNOT BE
19-25 PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN ADDRESS OF
19-26 RECORD."
19-27 (f) The clerk of the court shall maintain a file of any
19-28 information provided by a party under this section and shall,
19-29 unless otherwise ordered by the court, provide the information on
19-30 request, without charge, to a party, the Title IV-D agency, a
19-31 domestic relations office, a child support collection office, or
19-32 any other person designated to prosecute an action under Chapter
19-33 159 or to enforce an order providing for child support or
19-34 possession of or access to a child.
19-35 Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
19-36 CHANGE OF CONSERVATOR'S RESIDENCE. (a) A party who intends a
19-37 change of place of residence shall comply with the order by giving
19-38 written notice of the intended date of change, new telephone
19-39 number, and new street address of residence to the court having
19-40 jurisdiction of the suit in which the order was made and to every
19-41 other party who has possession of or access to the child.
19-42 (b) The notice must be given on or before the 60th day
19-43 before the conservator changes the conservator's place of
19-44 residence. If the conservator did not know or could not have known
19-45 of the change of residence or if the required information was not
19-46 available within the 60-day period, the conservator shall supply
19-47 the written notice of the change of residence or the related
19-48 information on or before the fifth day after the date that the
19-49 conservator knew or should have known of the change or of the
19-50 related information.
19-51 (c) The court may waive the notice required by this section
19-52 on motion by the moving conservator if it finds that the giving of
19-53 notice of a change of place of residence would be likely to expose
19-54 the child or the conservator to harassment, abuse, serious harm, or
19-55 injury.
19-56 (d) The notice may be given to a party by delivery of a copy
19-57 of the notice to the party either in person or by registered or
19-58 certified mail, return receipt requested, to the last known address
19-59 of the party.
19-60 (e) The notice may be given to the court by delivery of a
19-61 copy of the notice either in person to the clerk of the court or by
19-62 registered or certified mail addressed to the clerk of the court.
19-63 CHAPTER 106. COSTS AND ATTORNEY'S FEES
19-64 Sec. 106.001. COSTS. The court may award costs in the same
19-65 manner as in other civil cases in a suit or motion under this title
19-66 and in a habeas corpus proceeding.
19-67 Sec. 106.002. ATTORNEY'S FEES. (a) In a suit under this
19-68 subtitle, the court may order reasonable attorney's fees as costs
19-69 and order the fees to be paid directly to an attorney.
19-70 (b) An award of attorney's fees may be enforced in the
20-1 attorney's name by any means available for the enforcement of a
20-2 judgment for debt.
20-3 CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES
20-4 Sec. 107.001. GUARDIAN AD LITEM. (a) In a suit in which
20-5 termination of the parent-child relationship is requested, the
20-6 court or an associate judge shall appoint a guardian ad litem to
20-7 represent the interests of the child, unless:
20-8 (1) the child is a petitioner;
20-9 (2) an attorney ad litem has been appointed for the
20-10 child; or
20-11 (3) the court or an associate judge finds that the
20-12 interests of the child will be represented adequately by a party to
20-13 the suit and are not adverse to that party.
20-14 (b) In any other suit, the court or an associate judge may
20-15 appoint a guardian ad litem.
20-16 (c) The managing conservator may be appointed guardian ad
20-17 litem if the managing conservator is not a parent of the child or a
20-18 person petitioning for adoption of the child and has no personal
20-19 interest in the suit.
20-20 (d) A guardian ad litem shall be appointed to represent any
20-21 other person entitled to service of citation under this code if the
20-22 person is incompetent or a child, unless the person has executed an
20-23 affidavit of relinquishment of parental rights or an affidavit of
20-24 waiver of interest in child containing a waiver of service of
20-25 citation.
20-26 Sec. 107.002. ATTORNEY AD LITEM. (a) An associate judge
20-27 may recommend the appointment of an attorney ad litem for any party
20-28 in a case in which the associate judge deems representation
20-29 necessary to protect the interests of the child who is the subject
20-30 matter of the suit.
20-31 (b) The court may appoint an attorney ad litem for any party
20-32 in a case in which the court deems representation necessary to
20-33 protect the interests of the child who is the subject matter of the
20-34 suit.
20-35 (c) In a suit filed by a governmental entity requesting
20-36 termination of the parent-child relationship or to be named
20-37 conservator of a child, the court shall appoint an attorney ad
20-38 litem to represent the interests of the child as soon as
20-39 practicable to ensure adequate representation of the child's
20-40 interests.
20-41 (d) In a suit in which termination of the parent-child
20-42 relationship is requested, the court shall appoint an attorney ad
20-43 litem to represent the interests of each indigent parent of the
20-44 child who responds in opposition to the termination. If both
20-45 parents of the child are indigent and oppose termination and the
20-46 court finds that the interests of the parents are not in conflict,
20-47 the court may appoint a single attorney ad litem to represent the
20-48 interests of both parents.
20-49 Sec. 107.003. AD LITEM FEES. (a) An attorney appointed to
20-50 represent a child or parent as authorized by this subchapter is
20-51 entitled to a reasonable fee in the amount set by the court to be
20-52 paid by the parents of the child unless the parents are indigent.
20-53 (b) If the court or associate judge determines that the
20-54 parties or litigants are able to defray the costs of an ad litem's
20-55 compensation as determined by the reasonable and customary fees for
20-56 similar services in the county of jurisdiction, the costs may be
20-57 ordered paid by either or both parties, or the court or associate
20-58 judge may order either or both parties, prior to final hearing, to
20-59 pay the sums into the registry of the court or into an account
20-60 authorized by the court for the use and benefit of the ad litem on
20-61 order of the court. The sums may be taxed as costs to be assessed
20-62 against one or more of the parties.
20-63 (c) If indigency of the parents is shown, an attorney
20-64 appointed to represent a child or parent in a suit to terminate the
20-65 parent-child relationship shall be paid from the general funds of
20-66 the county according to the fee schedule that applies to an
20-67 attorney appointed to represent a child in a suit under Title 3 as
20-68 provided by Chapter 51.
20-69 Sec. 107.004. VOLUNTEER ADVOCATES. (a) In a suit filed by
20-70 a governmental entity, the court may appoint a person who has
21-1 received the court's approved training and who has been certified
21-2 by the court to appear at court hearings as a volunteer advocate on
21-3 behalf of the child.
21-4 (b) In addition, the court may appoint a group of
21-5 court-certified volunteers to serve as an administrative review
21-6 board to advise the court as to the conservatorship appointment and
21-7 the placement of the child by the department or authorized agency
21-8 in substitute care.
21-9 (c) A person is not liable for civil damages for a
21-10 recommendation made or opinion rendered while serving or having
21-11 served as a court-appointed volunteer or member of an
21-12 administrative review board under this section unless the act or
21-13 failure to act is wilfully wrongful or grossly negligent.
21-14 Sec. 107.005. SOCIAL STUDY. (a) The court may order the
21-15 preparation of a social study into the circumstances and condition
21-16 of the child and of the home of any person requesting managing
21-17 conservatorship or possession of the child.
21-18 (b) The social study may be made by a state agency,
21-19 including the department, or a person appointed by the court.
21-20 (c) The court may appoint an investigator to conduct the
21-21 social study required by this section who has the qualifications
21-22 established by the rules of the department providing minimum
21-23 qualifications for persons who may conduct social studies. If the
21-24 department or another governmental entity is appointed, the person
21-25 who conducts the investigation and makes the report must also have
21-26 those qualifications.
21-27 (d) A study made under this section shall comply with the
21-28 rules of the department establishing minimum standards, guidelines,
21-29 and procedures for social studies or the criteria established by
21-30 the court.
21-31 (e) The social study shall contain any history of physical,
21-32 sexual, or emotional abuse suffered by the child.
21-33 (f) In a suit in which adoption is requested or possession
21-34 of or access to the child is an issue and in which the department
21-35 is not a party or has no interest, the court shall appoint a
21-36 private agency or person to conduct the social study.
21-37 (g) In all adoptions a copy of the report shall be made
21-38 available to the prospective adoptive parents prior to a final
21-39 order of adoption.
21-40 (h) The agency or person making the social study shall file
21-41 with the court on a date set by the court a report containing its
21-42 findings and conclusions. The report shall be made a part of the
21-43 record of the suit.
21-44 (i) Disclosure to the jury of the contents of a report to
21-45 the court of a social study is subject to the rules of evidence.
21-46 (j) In a contested case, the agency or person making the
21-47 social study shall furnish copies of the report to the attorneys
21-48 for the parties before the earlier of:
21-49 (1) the seventh day after the date the social study is
21-50 completed; or
21-51 (2) the fifth day before the date of commencement of
21-52 the trial.
21-53 (k) The court may compel the attendance of witnesses
21-54 necessary for the proper disposition of the suit, including a
21-55 representative of the agency making the social study, who may be
21-56 compelled to testify.
21-57 (l) If the court orders the department to prepare a social
21-58 study, the court shall award the department a reasonable fee for
21-59 the preparation of the study that shall be taxed as costs and paid
21-60 directly to the department. The department may enforce the order
21-61 for the fee in the department's own name.
21-62 CHAPTER 108. CENTRAL RECORD FILE; VITAL STATISTICS
21-63 Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK.
21-64 (a) Except as provided by this chapter, the clerk of the court
21-65 shall transmit to the department a copy of the order rendered in a
21-66 suit, together with the name and all prior names, birth date, and
21-67 place of birth of the child.
21-68 (b) The department shall maintain these records in a central
21-69 file according to the name, birth date, and place of birth of the
21-70 child, the court that rendered the order, and the docket number of
22-1 the suit.
22-2 (c) All the records required under this section to be
22-3 maintained by the department are confidential and no person is
22-4 entitled to access to or information from these records except as
22-5 provided by this subtitle or on an order of the court that rendered
22-6 the order for good cause.
22-7 Sec. 108.002. DISSOLUTION OF MARRIAGE RECORDS MAINTAINED BY
22-8 CLERK. A clerk may not transmit to the central record file the
22-9 pleadings, papers, studies, and records relating to a suit for
22-10 divorce or annulment or to declare a marriage void.
22-11 Sec. 108.003. TRANSMITTAL OF FILES OF ADOPTION. On
22-12 rendition of an order of adoption, the clerk of the court shall not
22-13 later than the 10th day of the first month after the month in which
22-14 the adoption is rendered transmit to the central registry of the
22-15 department:
22-16 (1) a complete file in the case, including all
22-17 pleadings, papers, studies, and records in the suit other than the
22-18 minutes of the court, if the petitioner has requested that the
22-19 complete file be sent, or a certified copy of the petition and
22-20 order of adoption, excluding pleadings, papers, studies, and
22-21 records relating to a suit for divorce or annulment or to declare a
22-22 marriage void; and
22-23 (2) a report of adoption that includes:
22-24 (A) the name of the adopted child after adoption
22-25 as shown in the adoption order;
22-26 (B) the birth date of the adopted child;
22-27 (C) the docket number of the adoption suit;
22-28 (D) the identity of the court rendering the
22-29 adoption;
22-30 (E) the date of the adoption order;
22-31 (F) the name and address of each parent,
22-32 guardian, managing conservator, or other person whose consent to
22-33 adoption was required or waived under Chapter 23, or whose parental
22-34 rights were terminated in the adoption suit;
22-35 (G) the identity of the licensed child placing
22-36 agency, if any, through which the adopted child was placed for
22-37 adoption; and
22-38 (H) the identity, address, and telephone number
22-39 of the registry through which the adopted child may register as an
22-40 adoptee.
22-41 Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
22-42 On the loss of jurisdiction of a court under Chapter 155, the clerk
22-43 of the court shall transmit to the central registry of the
22-44 department:
22-45 (1) a complete file in the case, including all
22-46 pleadings, papers, studies, and records in the suit other than the
22-47 minutes of the court, if the petitioner has requested that a
22-48 complete file be sent; or
22-49 (2) a certified copy of the petition, excluding
22-50 pleadings, papers, studies, and records relating to a suit for
22-51 divorce or annulment or to declare a marriage void.
22-52 Sec. 108.005. ADOPTION RECORDS RECEIVED BY DEPARTMENT.
22-53 (a) When the department receives the complete file or petition and
22-54 order of adoption, it shall close the records concerning that
22-55 child. Except for statistical purposes, the department may not
22-56 disclose any information concerning the prior proceedings affecting
22-57 the child. Except as provided in Chapter 162, any subsequent
22-58 inquiry concerning the child who has been adopted shall be handled
22-59 as though the child had not been previously the subject of a suit
22-60 affecting the parent-child relationship.
22-61 (b) On the receipt of additional records concerning a child
22-62 who has been the subject of a suit affecting the parent-child
22-63 relationship in which the records have been closed, a new file
22-64 shall be made and maintained.
22-65 Sec. 108.006. FEES. (a) The department may charge a
22-66 reasonable fee to cover the cost of determining and sending
22-67 information concerning the identity of the court with continuing,
22-68 exclusive jurisdiction.
22-69 (b) On the filing of a suit requesting the adoption of a
22-70 child, the clerk of the court shall collect an additional fee of
23-1 $15.
23-2 (c) The clerk shall send the fees collected under Subsection
23-3 (b) to the department.
23-4 (d) The receipts from the fees charged under Subsection (a)
23-5 shall be deposited in a financial institution as determined by the
23-6 executive director of the department and withdrawn as necessary for
23-7 the sole purpose of operating and maintaining the central record
23-8 file.
23-9 (e) The funds received under Subsection (b) shall be
23-10 deposited in a special account in the general revenue fund. Funds
23-11 in the account may only be used for the operation of the central
23-12 record file. Sections 403.094 and 403.095, Government Code, do not
23-13 apply to the special account.
23-14 Sec. 108.007. MICROFILM. (a) The department may use
23-15 microfilm or other suitable means for maintaining the central
23-16 record file.
23-17 (b) A certified reproduction of a document maintained by the
23-18 department is admissible in evidence as the original document.
23-19 Sec. 108.008. FILING INFORMATION AFTER DETERMINATION OF
23-20 PATERNITY. (a) On a determination of paternity, the petitioner
23-21 shall provide the clerk of the court in which the order was
23-22 rendered the information necessary to prepare the declaration. The
23-23 clerk shall:
23-24 (1) prepare the declaration on a form provided by the
23-25 Bureau of Vital Statistics; and
23-26 (2) complete the declaration immediately after the
23-27 order becomes final.
23-28 (b) Not later than the 10th day of each month, the clerk of
23-29 the court shall forward to the state registrar a declaration for
23-30 each order that became final in that court during the preceding
23-31 month.
23-32 Sec. 108.009. BIRTH CERTIFICATE. (a) The state registrar
23-33 shall substitute a new birth certificate for the original based on
23-34 the order in accordance with laws or rules that permit the
23-35 correction or substitution of birth certificates for adopted
23-36 children or children presumed to be biological children by the
23-37 subsequent marriage of their parents.
23-38 (b) The new certificate may not show that the father and
23-39 child relationship was established after the child's birth but may
23-40 show the child's actual place and date of birth.
23-41 CHAPTER 109. APPEALS
23-42 Sec. 109.001. TEMPORARY ORDERS DURING PENDENCY OF APPEAL.
23-43 (a) Not later than the 30th day after the date an appeal is
23-44 perfected, on the motion of any party or on the court's own motion
23-45 and after notice and hearing, the court may make any order
23-46 necessary to preserve and protect the safety and welfare of the
23-47 child during the pendency of the appeal as the court may deem
23-48 necessary and equitable. In addition to other matters, an order
23-49 may:
23-50 (1) appoint temporary conservators for the child and
23-51 provide for possession of the child;
23-52 (2) require the temporary support of the child by a
23-53 party;
23-54 (3) restrain a party from molesting or disturbing the
23-55 peace of the child or another party;
23-56 (4) prohibit a person from removing the child beyond a
23-57 geographical area identified by the court;
23-58 (5) require payment of reasonable attorney's fees and
23-59 expenses; or
23-60 (6) suspend the operation of the order or judgment
23-61 that is being appealed.
23-62 (b) A court retains jurisdiction to enforce its orders
23-63 rendered under this section unless the appellate court, on a proper
23-64 showing, supersedes the court's order.
23-65 (c) A temporary order rendered under this section is not
23-66 subject to interlocutory appeal.
23-67 Sec. 109.002. APPEAL. (a) An appeal from a final order
23-68 rendered in a suit, when allowed under this section or under other
23-69 provisions of law, shall be as in civil cases generally. An appeal
23-70 in a suit in which termination of the parent-child relationship is
24-1 in issue shall be given precedence over other civil cases by the
24-2 appellate courts.
24-3 (b) An appeal may be taken by any party to a suit from a
24-4 final order rendered under this subtitle.
24-5 (c) An appeal from a final order, with or without a
24-6 supersedeas bond, does not suspend the order unless suspension is
24-7 ordered by the court rendering the order. The appellate court, on
24-8 a proper showing, may permit the order to be suspended.
24-9 (d) On the motion of the parties or on the court's own
24-10 motion, the appellate court in its opinion may identify the parties
24-11 by fictitious names or by their initials only.
24-12 Sec. 109.003. PAYMENT FOR STATEMENT OF FACTS. (a) If the
24-13 party requesting a statement of facts in an appeal of a suit has
24-14 filed an affidavit stating the party's inability to pay costs as
24-15 provided by Rule 40, Texas Rules of Appellate Procedure, and the
24-16 affidavit is approved by the trial court, the trial court shall
24-17 order the county in which the trial was held to pay the costs of
24-18 preparing the statement of facts.
24-19 (b) This section applies to a county with a population in
24-20 excess of two million.
24-21 CHAPTER 110. COURT FEES
24-22 Sec. 110.001. GENERAL RULE. Except as provided by this
24-23 chapter, fees in a matter covered by this title shall be as in
24-24 civil cases generally.
24-25 Sec. 110.002. FILING FEES AND DEPOSITS. (a) The clerk of
24-26 the court may collect a filing fee of $15 in a suit for filing:
24-27 (1) a suit for modification;
24-28 (2) a motion for enforcement;
24-29 (3) a notice of delinquency; or
24-30 (4) a motion to transfer.
24-31 (b) No other filing fee may be collected or required for an
24-32 action described in this section.
24-33 (c) The clerk may collect a deposit as in other cases, in
24-34 the amount set by the clerk for payment of expected costs and other
24-35 expenses arising in the proceeding.
24-36 Sec. 110.003. NO SEPARATE OR ADDITIONAL FILING FEE. The
24-37 clerk of the court may not require:
24-38 (1) a separate filing fee in a suit joined with a suit
24-39 for dissolution of marriage under Title 1; or
24-40 (2) an additional filing fee if more than one form of
24-41 relief is requested in a suit.
24-42 Sec. 110.004. FEE FOR ISSUING WITHHOLDING ORDER. The clerk
24-43 of the court may charge a reasonable fee, not to exceed $15, for
24-44 each order or writ of income withholding issued and delivered to an
24-45 employer by mail.
24-46 Sec. 110.005. TRANSFER FEE. (a) The fee for filing a
24-47 transferred case is $45 payable to the clerk of the court to which
24-48 the case is transferred. No portion of this fee may be sent to the
24-49 state.
24-50 (b) A party may not be assessed any other fee, cost, charge,
24-51 or expense by the clerk of the court or other public official in
24-52 connection with filing of the transferred case.
24-53 (c) The fee limitation in this section does not affect a fee
24-54 payable to the court transferring the case.
24-55 CHAPTER 111. GUIDELINES FOR POSSESSION AND CHILD SUPPORT
24-56 Sec. 111.001. APPOINTMENT OF ADVISORY COMMITTEE. (a) The
24-57 supreme court shall appoint an advisory committee consisting of not
24-58 fewer than 25 persons, composed of legislators, judges, lawyers,
24-59 and laypersons, to assist the legislature in making a periodic
24-60 review of and suggested revisions, if any, to the guidelines in
24-61 this title:
24-62 (1) for the possession of a child by a parent under
24-63 Chapter 153; and
24-64 (2) for the support of a child under Chapter 154.
24-65 (b) Not fewer than five members of this committee must be or
24-66 have been:
24-67 (1) managing conservators;
24-68 (2) possessory conservators;
24-69 (3) ordered to pay child support; or
24-70 (4) entitled to receive child support.
25-1 (c) The guidelines shall be reviewed at least once every
25-2 four years.
25-3 Sec. 111.002. GUIDELINES SUPERSEDE COURT RULES. (a) The
25-4 guidelines in this title supersede local court rules and rules of
25-5 the supreme court that conflict with the guidelines.
25-6 (b) Notwithstanding other law, the guidelines may not be
25-7 repealed or modified by a rule adopted by the supreme court.
25-8 Sec. 111.003. POSTING GUIDELINES. A copy of the guidelines
25-9 for possession of and access to a child under Chapter 153 and a
25-10 copy of the guidelines for the support of a child under Chapter 154
25-11 shall be prominently displayed at or near the entrance to the
25-12 courtroom of every court having jurisdiction of a suit.
25-13 (Chapters 112-150 reserved for expansion)
25-14 SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
25-15 CHAPTER 151. THE PARENT-CHILD RELATIONSHIP
25-16 SUBCHAPTER A. GENERAL PROVISIONS
25-17 Sec. 151.001. Relation of Child to Mother and Father.
25-18 (a) The parent-child relationship may be established between a
25-19 child and:
25-20 (1) the biological mother by proof of her having given
25-21 birth to the child;
25-22 (2) the biological father as provided by this code;
25-23 and
25-24 (3) an adoptive parent by proof of adoption.
25-25 (b) The parent-child relationship extends equally to every
25-26 child and parent regardless of the marital status of the parents.
25-27 Sec. 151.002. Presumption of Paternity. (a) A man is
25-28 presumed to be the biological father of a child if:
25-29 (1) he and the child's biological mother are or have
25-30 been married to each other and the child is born during the
25-31 marriage or not more than 300 days after the date the marriage
25-32 terminated by death, annulment, or divorce or by having been
25-33 declared void;
25-34 (2) before the child's birth, he and the child's
25-35 biological mother attempted to marry each other by a marriage in
25-36 apparent compliance with law, although the attempted marriage is or
25-37 could be declared void, and the child is born during the attempted
25-38 marriage or not more than 300 days after the date the attempted
25-39 marriage terminated by death, annulment, or divorce or by having
25-40 been declared void;
25-41 (3) after the child's birth, he and the child's
25-42 biological mother have married or attempted to marry each other by
25-43 a marriage in apparent compliance with law, although the attempted
25-44 marriage is or could be declared void or voided by annulment, and:
25-45 (A) he has filed a written acknowledgment of his
25-46 paternity of the child under Chapter 160;
25-47 (B) he consents in writing to be named and is
25-48 named as the child's father on the child's birth certificate; or
25-49 (C) he is obligated to support the child under a
25-50 written voluntary promise or by court order;
25-51 (4) without attempting to marry the mother, he
25-52 consents in writing to be named as the child's father on the
25-53 child's birth certificate; or
25-54 (5) before the child reaches the age of majority, he
25-55 receives the child into his home and openly holds out the child as
25-56 his biological child.
25-57 (b) A presumption under this section may be rebutted only by
25-58 clear and convincing evidence. If two or more presumptions arise
25-59 that conflict, the presumption that is founded on the weightier
25-60 considerations of policy and logic controls. The presumption is
25-61 rebutted by a court order establishing paternity of the child by
25-62 another man.
25-63 Sec. 151.003. Rights and Duties of Parent. (a) A parent of
25-64 a child has the following rights and duties:
25-65 (1) the right to have physical possession, to direct
25-66 the moral and religious training, and to establish the residence of
25-67 the child;
25-68 (2) the duty of care, control, protection, and
25-69 reasonable discipline of the child;
25-70 (3) the duty to support the child, including providing
26-1 the child with clothing, food, shelter, medical and dental care,
26-2 and education;
26-3 (4) the duty, except when a guardian of the child's
26-4 estate has been appointed, to manage the estate of the child,
26-5 including a power as an agent of the child to act in relation to
26-6 the child's estate if the child's action is required by a state,
26-7 the United States, or a foreign government;
26-8 (5) the right to the services and earnings of the
26-9 child;
26-10 (6) the right to consent to marriage, enlistment in
26-11 the armed forces of the United States, medical and dental care, and
26-12 psychiatric, psychological, and surgical treatment;
26-13 (7) the right to represent the child in legal action
26-14 and to make other decisions of substantial legal significance
26-15 concerning the child;
26-16 (8) the right to receive and give receipt for payments
26-17 for the support of the child and to hold or disburse funds for the
26-18 benefit of the child;
26-19 (9) the right to inherit from and through the child;
26-20 and
26-21 (10) any other right or duty existing between a parent
26-22 and child by virtue of law.
26-23 (b) The duty of a parent to support his or her child exists
26-24 while the child is an unemancipated minor and continues as long as
26-25 the child is fully enrolled in an accredited secondary school in a
26-26 program leading toward a high school diploma until the end of the
26-27 school year in which the child graduates.
26-28 (c) A parent who fails to discharge the duty of support is
26-29 liable to a person who provides necessaries to those to whom
26-30 support is owed.
26-31 (d) The rights and duties of a parent are subject to:
26-32 (1) a court order affecting the rights and duties;
26-33 (2) an affidavit of relinquishment of parental rights;
26-34 and
26-35 (3) an affidavit by the parent designating another
26-36 person or agency to act as managing conservator.
26-37 Sec. 151.004. Rights of a Living Child After an Abortion or
26-38 Premature Birth. (a) A living human child born alive after an
26-39 abortion or premature birth is entitled to the same rights, powers,
26-40 and privileges as are granted by the laws of this state to any
26-41 other child born alive after the normal gestation period.
26-42 (b) In this code, "born alive" means the complete expulsion
26-43 or extraction from its mother of a product of conception,
26-44 irrespective of the duration of pregnancy, which, after such
26-45 separation, breathes or shows any other evidence of life such as
26-46 beating of the heart, pulsation of the umbilical cord, or definite
26-47 movement of voluntary muscles, whether or not the umbilical cord
26-48 has been cut or the placenta is attached. Each product of the
26-49 birth is considered born alive.
26-50 (Sections 151.005-151.100 reserved for expansion)
26-51 SUBCHAPTER B. ASSISTED CONCEPTION
26-52 Sec. 151.101. Artificial Insemination. (a) If a husband
26-53 consents to the artificial insemination of his wife, any resulting
26-54 child is the child of both of them. The consent must be in writing
26-55 and must be acknowledged.
26-56 (b) If a woman is artificially inseminated, the resulting
26-57 child is not the child of the donor unless he is the husband.
26-58 Sec. 151.102. OOCYTE DONATION. (a) If a husband consents
26-59 to provide sperm to fertilize a donor oocyte by in vitro
26-60 fertilization or other assisted reproductive techniques and the
26-61 wife consents to have a donor oocyte that has been fertilized with
26-62 her husband's sperm, pursuant to his consent, placed in her uterus,
26-63 a resulting child is the child of both of them. The consent of
26-64 each must be in writing.
26-65 (b) If a donor oocyte that has been fertilized with her
26-66 husband's sperm implants in a wife's uterus, a resulting child is
26-67 not the child of the donor of the oocyte.
26-68 Sec. 151.103. EMBRYO DONATION. (a) If, with the consent of
26-69 the husband and the wife, a donated preimplantation embryo implants
26-70 in the uterus of the wife, a resulting child is the child of both
27-1 of them. The consent must be in writing.
27-2 (b) If, with the consent of the husband and the wife, a
27-3 donated preimplantation embryo implants in the uterus of the wife,
27-4 a resulting child is not the child of the donor or donors of the
27-5 preimplantation embryo.
27-6 (c) Subsections (a) and (b) apply whether the donated
27-7 preimplantation embryo is the result of separate egg and sperm
27-8 donations or the result of donation of an embryo created for the
27-9 purpose of assisting the reproduction of the donating couple.
27-10 CHAPTER 152. UNIFORM CHILD CUSTODY JURISDICTION ACT
27-11 Sec. 152.001. PURPOSES; CONSTRUCTION OF PROVISIONS. (a) The
27-12 general purposes of this chapter are to:
27-13 (1) avoid jurisdictional competition and conflict with
27-14 courts of other states in matters of child custody that have in the
27-15 past resulted in the shifting of children from state to state with
27-16 harmful effects on their well-being;
27-17 (2) promote cooperation with the courts of other
27-18 states to the end that a custody decree is rendered in the state
27-19 that can best decide the case in the interest of the child;
27-20 (3) ensure that litigation concerning the custody of a
27-21 child takes place ordinarily in the state with which the child and
27-22 the child's family have the closest connection and where
27-23 significant evidence concerning the child's care, protection,
27-24 training, and personal relationships is most readily available, and
27-25 that courts of this state decline the exercise of jurisdiction when
27-26 the child and the child's family have a closer connection with
27-27 another state;
27-28 (4) discourage continuing controversies over child
27-29 custody in the interest of greater stability of home environment
27-30 and of secure family relationships for the child;
27-31 (5) deter abductions and other unilateral removals of
27-32 children undertaken to obtain custody awards;
27-33 (6) avoid relitigation of custody decisions of other
27-34 states in this state insofar as is feasible;
27-35 (7) facilitate the enforcement of custody decrees of
27-36 other states;
27-37 (8) promote and expand the exchange of information and
27-38 other forms of mutual assistance between the courts of this state
27-39 and those of other states concerned with the same child; and
27-40 (9) make uniform the law of those states that enact
27-41 it.
27-42 (b) This chapter shall be construed to promote the general
27-43 purposes stated in this section.
27-44 Sec. 152.002. Definitions. In this chapter:
27-45 (1) "Contestant" means a person, including a parent,
27-46 who claims a right to custody or visitation rights with respect to
27-47 a child.
27-48 (2) "Custody" means managing conservatorship of a
27-49 child.
27-50 (3) "Custody determination" means a court decision and
27-51 court orders and instructions providing for the custody of a child,
27-52 including visitation rights, but does not include a decision
27-53 relating to child support or any other monetary obligation of any
27-54 person.
27-55 (4) "Custody proceeding" includes a proceeding in
27-56 which a custody determination is one of several issues, such as an
27-57 action for divorce or separation, and includes child neglect and
27-58 dependency proceedings.
27-59 (5) "Decree" or "custody decree" means a custody
27-60 determination contained in a judicial decree or order made in a
27-61 custody proceeding and includes an initial decree and a
27-62 modification decree.
27-63 (6) "Home state" means the state in which the child,
27-64 preceding the time involved, lived with the child's parents, a
27-65 parent, or a person acting as parent for at least six consecutive
27-66 months and, in the case of a child less than six months old, the
27-67 state in which the child lived from birth with any of the persons
27-68 mentioned. Periods of temporary absence of any of the named
27-69 persons are counted as part of the six-month or other period.
27-70 (7) "Initial decree" means the first custody decree
28-1 concerning a particular child.
28-2 (8) "Modification decree" means a custody decree that
28-3 modifies or replaces a prior decree, whether made by the court that
28-4 rendered the prior decree or by another court.
28-5 (9) "Physical custody" means actual possession and
28-6 control of a child.
28-7 (10) "Person acting as parent" means a person, other
28-8 than a parent, who has physical custody of a child and who either
28-9 has been awarded custody by a court or claims a right to custody.
28-10 (11) "Visitation" means possession of or access to a
28-11 child.
28-12 Sec. 152.003. Jurisdiction. (a) A court of this state that
28-13 is competent to decide child custody matters has jurisdiction to
28-14 make a child custody determination by initial decree or
28-15 modification decree or order if:
28-16 (1) this state:
28-17 (A) is the home state of the child on the date
28-18 of the commencement of the proceeding; or
28-19 (B) had been the child's home state within six
28-20 months before the date of the commencement of the proceeding and
28-21 the child is absent from this state because of the child's removal
28-22 or retention by a person claiming the child's custody or for other
28-23 reasons, and a parent or person acting as parent continues to live
28-24 in this state;
28-25 (2) it appears that no other state would have
28-26 jurisdiction under Subdivision (1) and it is in the best interest
28-27 of the child that a court of this state assume jurisdiction
28-28 because:
28-29 (A) the child and the child's parents or the
28-30 child and at least one contestant have a significant connection
28-31 with this state other than mere physical presence in this state;
28-32 and
28-33 (B) there is available in this state substantial
28-34 evidence concerning the child's present or future care, protection,
28-35 training, and personal relationships;
28-36 (3) the child is physically present in this state and:
28-37 (A) the child has been abandoned; or
28-38 (B) it is necessary in an emergency to protect
28-39 the child because the child has been subjected to or threatened
28-40 with mistreatment or abuse or is otherwise neglected or there is a
28-41 serious and immediate question concerning the welfare of the child;
28-42 or
28-43 (4) it is in the best interest of the child that the
28-44 court assume jurisdiction and:
28-45 (A) it appears that no other state would have
28-46 jurisdiction under prerequisites substantially in accordance with
28-47 Subdivision (1), (2), or (3); or
28-48 (B) another state has declined to exercise
28-49 jurisdiction on the ground that this state is the more appropriate
28-50 forum to determine the custody of the child.
28-51 (b) Except under Subsections (a)(3) and (4), physical
28-52 presence in this state of the child or of the child and one of the
28-53 contestants is not alone sufficient to confer jurisdiction on a
28-54 court of this state to make a child custody determination.
28-55 (c) Physical presence of the child, while desirable, is not
28-56 a prerequisite for jurisdiction to determine the child's custody.
28-57 (d) Except on written agreement of all the parties, a court
28-58 may not exercise its continuing jurisdiction to modify custody if
28-59 the child and the party with custody have established another home
28-60 state unless the action to modify was filed before the new home
28-61 state was acquired.
28-62 Sec. 152.004. Notice and Opportunity to be Heard. Before
28-63 making a custody decree based on jurisdiction established under
28-64 this chapter, reasonable notice and opportunity to be heard must be
28-65 given to the contestants, to any parent whose parental rights have
28-66 not been previously terminated, and to any person who has physical
28-67 custody of the child. If any of these persons is outside this
28-68 state, notice and opportunity to be heard must be given as provided
28-69 under Section 152.005.
28-70 Sec. 152.005. Notice to Persons Outside This State;
29-1 Submission to Jurisdiction. (a) Notice required for the exercise
29-2 of jurisdiction over a person outside this state must be given in a
29-3 manner reasonably calculated to give actual notice and may be
29-4 given:
29-5 (1) by personal delivery outside this state in the
29-6 manner prescribed for service of process within this state;
29-7 (2) in the manner prescribed by the law of the place
29-8 in which the service is made for service of process in that place
29-9 in an action in any of its courts of general jurisdiction;
29-10 (3) by any form of mail addressed to the person to be
29-11 served and requesting a receipt, subject to the requirements of the
29-12 Texas Rules of Civil Procedure; or
29-13 (4) as directed by the court, including publication,
29-14 if other means of notification are ineffective, subject to the
29-15 requirements of the Texas Rules of Civil Procedure.
29-16 (b) Notice under this section must be delivered, mailed, or
29-17 published with sufficient time to allow for filing of an answer
29-18 before any hearing in this state, in accordance with the Texas
29-19 Rules of Civil Procedure applicable to the filing of an original
29-20 lawsuit. Each party whose rights, privileges, duties, or powers
29-21 may be affected by the action is entitled to receive notice by
29-22 citation and shall be commanded to appear by filing a written
29-23 answer. Thereafter, the proceedings shall be as in civil cases
29-24 generally.
29-25 (c) Proof of service outside this state may be made by the
29-26 affidavit of the individual who made the service or in the manner
29-27 prescribed by the law of this state, by the order under which the
29-28 service is made, or by the law of the place in which the service is
29-29 made. If service is made by mail, proof may be a receipt signed by
29-30 the addressee or other evidence of delivery to the addressee.
29-31 (d) Notice is not required if a person submits to the
29-32 jurisdiction of the court.
29-33 Sec. 152.006. Simultaneous Proceedings in Other State.
29-34 (a) A court of this state may not exercise its jurisdiction under
29-35 this chapter if, at the time of filing the petition, a proceeding
29-36 concerning the custody of the child was pending in a court of
29-37 another state exercising jurisdiction substantially in conformity
29-38 with this chapter, unless the proceeding is stayed by the court of
29-39 the other state because this state is a more appropriate forum or
29-40 for other reasons.
29-41 (b) Before hearing the petition in a custody proceeding, the
29-42 court shall examine the pleadings and other information supplied by
29-43 the parties under Section 152.009 and shall consult the child
29-44 custody registry established under Section 152.016 concerning the
29-45 pendency of proceedings with respect to the child in other states.
29-46 If the court has reason to believe that proceedings may be pending
29-47 in another state, it shall direct an inquiry to the state court
29-48 administrator or other appropriate official of the other state.
29-49 (c) If the court is informed during the course of the
29-50 proceeding that a proceeding concerning the custody of the child
29-51 was pending in another state before the court assumed jurisdiction,
29-52 it shall stay the proceeding and communicate with the court in
29-53 which the other proceeding is pending to the end that the issue may
29-54 be litigated in the more appropriate forum and that information may
29-55 be exchanged in accordance with Sections 152.019-152.022. If a
29-56 court of this state has made a custody decree before being informed
29-57 of a pending proceeding in a court of another state, it shall
29-58 immediately inform that court of the fact. If the court is
29-59 informed that a proceeding was commenced in another state after it
29-60 assumed jurisdiction, it shall likewise inform the other court to
29-61 the end that the issues may be litigated in the more appropriate
29-62 forum.
29-63 Sec. 152.007. Inconvenient Forum. (a) A court that has
29-64 jurisdiction under this chapter to make an initial or modification
29-65 decree may decline to exercise its jurisdiction any time before
29-66 making a decree if it finds that it is an inconvenient forum to
29-67 make a custody determination under the circumstances of the case
29-68 and that a court of another state is a more appropriate forum.
29-69 (b) A finding of inconvenient forum may be made on the
29-70 court's own motion or on the motion of a party or a guardian ad
30-1 litem or other representative of the child.
30-2 (c) In determining whether it is an inconvenient forum, the
30-3 court shall consider whether it is in the best interest of the
30-4 child that another state assume jurisdiction. For this purpose,
30-5 the court may take into account the following factors, among
30-6 others:
30-7 (1) whether another state is or recently was the
30-8 child's home state;
30-9 (2) whether another state has a closer connection with
30-10 the child and the child's family or with the child and one or more
30-11 of the contestants;
30-12 (3) whether substantial evidence concerning the
30-13 child's present or future care, protection, training, and personal
30-14 relationships is more readily available in another state;
30-15 (4) whether the parties have agreed on another forum
30-16 that is no less appropriate; and
30-17 (5) whether the exercise of jurisdiction by a court of
30-18 this state would contravene any of the purposes stated in Section
30-19 152.001.
30-20 (d) Before determining whether to decline or retain
30-21 jurisdiction, the court may communicate with a court of another
30-22 state and exchange information pertinent to the assumption of
30-23 jurisdiction by either court with a view to ensuring that
30-24 jurisdiction will be exercised by the more appropriate court and
30-25 that a forum will be available to the parties.
30-26 (e) If the court finds that it is an inconvenient forum and
30-27 that a court of another state is a more appropriate forum, it may
30-28 dismiss the proceedings, or it may stay the proceedings on
30-29 condition that a custody proceeding be promptly commenced in
30-30 another named state or on any other condition that may be just and
30-31 proper, including the condition that a moving party stipulate the
30-32 party's consent and submission to the jurisdiction of the other
30-33 forum.
30-34 (f) The court may decline to exercise its jurisdiction under
30-35 this chapter if a custody determination is incidental to an action
30-36 for divorce or another proceeding while retaining jurisdiction over
30-37 the divorce or other proceeding.
30-38 (g) If it appears to the court that it is clearly an
30-39 inappropriate forum, the court may require the party who commenced
30-40 the proceedings to pay, in addition to the costs of the proceedings
30-41 in this state, necessary travel and other expenses, including
30-42 attorney's fees, incurred by other parties or their witnesses.
30-43 Payment is to be made to the clerk of the court for remittance to
30-44 the proper party.
30-45 (h) On dismissal or stay of proceedings under this section,
30-46 the court shall inform the court found to be the more appropriate
30-47 forum of this fact or, if the court that would have jurisdiction in
30-48 the other state is not certainly known, shall transmit the
30-49 information to the court administrator or other appropriate
30-50 official for forwarding to the appropriate court.
30-51 (i) Any communication received from another state informing
30-52 this state of a finding of inconvenient forum because a court of
30-53 this state is the more appropriate forum shall be filed in the
30-54 custody registry of the appropriate court. On assuming
30-55 jurisdiction, the court of this state shall inform the original
30-56 court of this fact.
30-57 Sec. 152.008. Jurisdiction Declined by Reason of Conduct.
30-58 (a) If the petitioner for an initial decree has wrongfully taken
30-59 the child from another state or has engaged in similar
30-60 reprehensible conduct, the court may decline to exercise
30-61 jurisdiction if just and proper under the circumstances.
30-62 (b) Unless required in the interest of the child, the court
30-63 may not exercise its jurisdiction to modify a custody decree of
30-64 another state if the petitioner, without consent of the person
30-65 entitled to custody, has improperly removed the child from the
30-66 physical custody of the person entitled to custody or has
30-67 improperly retained the child after a visit or other temporary
30-68 relinquishment of physical custody. If the petitioner has violated
30-69 any other provision of a custody decree of another state, the court
30-70 may decline to exercise its jurisdiction if just and proper under
31-1 the circumstances.
31-2 (c) In an appropriate case, a court dismissing a petition
31-3 under this section may charge the petitioner with necessary travel
31-4 and other expenses, including attorney's fees, incurred by other
31-5 parties or their witnesses.
31-6 Sec. 152.009. Information Under Oath to be Submitted to the
31-7 Court. (a) Unless all the contestants are residing in this state,
31-8 every party in a custody proceeding in the party's first pleading
31-9 or in an affidavit attached to that pleading shall give information
31-10 under oath as to the child's present address, the places where the
31-11 child has lived within the last five years, and the names and
31-12 present addresses of the persons with whom the child has lived
31-13 during that period. In this pleading or affidavit every party
31-14 shall further declare under oath whether the party:
31-15 (1) has participated (as a party, as a witness, or in
31-16 any other capacity) in any other litigation concerning the custody
31-17 of the same child in this or any other state;
31-18 (2) has information of any proceeding concerning the
31-19 child pending in a court of this or any other state; and
31-20 (3) knows of any person not a party to the proceedings
31-21 who has physical custody of the child or claims to have custody or
31-22 visitation rights with respect to the child.
31-23 (b) If the declaration as to any of the items in Subsection
31-24 (a) is in the affirmative, the declarant shall give additional
31-25 information under oath as required by the court. The court may
31-26 examine the parties under oath as to details of the information
31-27 furnished and as to other matters pertinent to the court's
31-28 jurisdiction and the disposition of the case.
31-29 (c) Each party has a continuing duty to inform the court of
31-30 any custody proceeding concerning the child in this or any other
31-31 state of which the party obtained information during the
31-32 proceeding.
31-33 Sec. 152.010. Additional Parties. (a) If the court learns
31-34 from information furnished by the parties under Section 152.009 or
31-35 from other sources that a person not a party to the custody
31-36 proceeding has physical custody of the child or claims to have
31-37 custody or visitation rights with respect to the child, it shall
31-38 order that the person:
31-39 (1) be joined as a party; and
31-40 (2) be notified of the pendency of the proceeding and
31-41 of the person's joinder as a party.
31-42 (b) If the person joined as a party is outside this state,
31-43 the person must be served with process or otherwise notified in
31-44 accordance with Section 152.005.
31-45 Sec. 152.011. Appearance of Parties and Child. (a) The
31-46 court may order any party to the proceeding who is in this state to
31-47 appear personally before the court. If that party has physical
31-48 custody of the child, the court may order that the party appear
31-49 personally with the child.
31-50 (b) If a party to the proceeding whose presence is desired
31-51 by the court is outside this state, with or without the child, the
31-52 court may order that the notice given under Section 152.005 include
31-53 a statement directing that party to appear personally, with or
31-54 without the child, and declaring that failure to appear may result
31-55 in a decision adverse to that party.
31-56 (c) If a party to the proceeding who is outside this state
31-57 is directed to appear under Subsection (b) or desires to appear
31-58 personally before the court, with or without the child, the court
31-59 may require another party to pay to the clerk of the court travel
31-60 and other necessary expenses of the party appearing and of the
31-61 child if just and proper under the circumstances.
31-62 Sec. 152.012. Binding Force and Res Judicata Effect of
31-63 Custody Decree. A custody decree of a court of this state that has
31-64 jurisdiction under Section 152.003 binds all parties who have been
31-65 served in this state or notified in accordance with Section 152.005
31-66 or who have submitted to the jurisdiction of the court and who have
31-67 been given an opportunity to be heard. As to these parties, the
31-68 custody decree is conclusive as to all issues of law and fact
31-69 decided and as to the custody determination made, unless and until
31-70 that determination is modified.
32-1 Sec. 152.013. Recognition of Out-of-State Custody Decrees.
32-2 The courts of this state shall recognize and enforce an initial or
32-3 modification decree of a court of another state that had assumed
32-4 jurisdiction under statutory provisions substantially in accordance
32-5 with this chapter or that was made under factual circumstances
32-6 meeting the jurisdictional standards of this chapter, so long as
32-7 the decree has not been modified in accordance with jurisdictional
32-8 standards substantially similar to those of this chapter.
32-9 Sec. 152.014. Modification of Custody Decree of Another
32-10 State. (a) If a court of another state has made a custody decree,
32-11 a court of this state may not modify the decree unless:
32-12 (1) it appears to the court of this state that the
32-13 court that rendered the decree does not have jurisdiction under
32-14 jurisdictional prerequisites substantially in accordance with this
32-15 chapter or has declined to assume jurisdiction to modify the
32-16 decree; and
32-17 (2) the court of this state has jurisdiction.
32-18 (b) If a court of this state is authorized under Subsection
32-19 (a) and Section 152.008 to modify a custody decree of another
32-20 state, it shall give due consideration to the transcript of the
32-21 record and other documents of all previous proceedings submitted to
32-22 it in accordance with Section 152.022.
32-23 Sec. 152.015. Filing and Enforcement of Custody Decree of
32-24 Another State. (a) On payment of proper fees, a certified copy of
32-25 a custody decree of another state may be filed in the office of the
32-26 clerk of any district court or other appropriate court of this
32-27 state. The clerk shall treat the decree in the same manner as a
32-28 custody decree of a district court or other appropriate court of
32-29 this state. A custody decree filed under this section has the same
32-30 effect and shall be enforced in the same manner as a custody decree
32-31 rendered by a court of this state.
32-32 (b) A person whose violation of a custody decree of another
32-33 state makes it necessary to enforce the decree in this state may be
32-34 required to pay necessary travel and other expenses, including
32-35 attorney's fees, incurred by the party entitled to the custody or
32-36 the party's witnesses.
32-37 Sec. 152.016. Registry of Out-of-State Custody Decrees and
32-38 Proceedings. The clerk of each district court or other appropriate
32-39 court shall maintain a registry in which the clerk shall enter:
32-40 (1) certified copies of custody decrees of other
32-41 states received for filing;
32-42 (2) communications as to the pendency of custody
32-43 proceedings in other states;
32-44 (3) communications concerning a finding of
32-45 inconvenient forum by a court of another state; and
32-46 (4) other communications or documents concerning
32-47 custody proceedings in another state that may affect the
32-48 jurisdiction of a court of this state or the disposition to be made
32-49 by it in a custody proceeding.
32-50 Sec. 152.017. Certified Copies of Custody Decree. The clerk
32-51 of the district court or other appropriate court of this state, at
32-52 the request of the court of another state or at the request of a
32-53 person who is affected by or has a legitimate interest in a custody
32-54 decree, shall, on payment of proper fees, certify and forward a
32-55 copy of the decree to that court or person.
32-56 Sec. 152.018. Taking Testimony in Another State. In
32-57 addition to other procedural devices available to a party, a party
32-58 to the proceeding or a guardian ad litem or other representative of
32-59 the child may adduce testimony of witnesses, including parties and
32-60 the child, by deposition or otherwise, in another state. The court
32-61 on its own motion may direct that the testimony of a person be
32-62 taken in another state and may prescribe the manner in which and
32-63 the terms on which the testimony shall be taken.
32-64 Sec. 152.019. Hearings and Studies in Another State; Orders
32-65 to Appear. (a) A court of this state may request the appropriate
32-66 court of another state to hold a hearing to adduce evidence, to
32-67 order a party to produce or give evidence under other procedures of
32-68 that state, to have social studies made with respect to the custody
32-69 of a child involved in proceedings pending in the court of this
32-70 state, and to forward to the court of this state certified copies
33-1 of the transcript of the record of the hearing, the evidence
33-2 otherwise adduced, or any social studies prepared in compliance
33-3 with the request. The cost of the services may be assessed against
33-4 the parties or, if necessary, ordered paid by the state as costs of
33-5 court.
33-6 (b) A court of this state may request the appropriate court
33-7 of another state to order a party to custody proceedings pending in
33-8 the court of this state to appear in the proceedings and, if that
33-9 party has physical custody of the child, to appear with the child.
33-10 The request may state that travel and other necessary expenses of
33-11 the party and of the child whose appearance is desired will be
33-12 assessed against another party or will otherwise be paid.
33-13 Sec. 152.020. Assistance to Courts of Other States. (a) On
33-14 request of the court of another state, the courts of this state
33-15 that are competent to hear custody matters may order a person in
33-16 this state to appear at a hearing to adduce evidence or to produce
33-17 or give evidence under other procedures available in this state or
33-18 may order social studies to be made for use in a custody proceeding
33-19 in another state. A certified copy of the transcript of the record
33-20 of the hearing or the evidence otherwise adduced and any social
33-21 studies prepared shall be forwarded by the clerk of the court to
33-22 the requesting court.
33-23 (b) A person in this state may voluntarily give the person's
33-24 testimony or statement in this state for use in a custody
33-25 proceeding outside this state.
33-26 (c) On request of the court of another state, a competent
33-27 court of this state may order a person in this state to appear
33-28 alone or with the child in a custody proceeding in another state.
33-29 The court may condition compliance with the request on assurance by
33-30 the other state that state travel and other necessary expenses will
33-31 be advanced or reimbursed.
33-32 Sec. 152.021. Preservation of Documents for Use in Other
33-33 States. In a custody proceeding in this state, the court shall
33-34 preserve the pleadings, orders, and decrees, a record that has been
33-35 made of its hearings, social studies, and other pertinent documents
33-36 until the child reaches 18 years of age or in accordance with the
33-37 law of this state. On appropriate request of the court of another
33-38 state and payment of proper fees, the court shall forward to the
33-39 other court certified copies of the documents.
33-40 Sec. 152.022. Request for Court Records of Another State.
33-41 If a custody decree has been rendered in another state concerning a
33-42 child involved in a custody proceeding pending in a court of this
33-43 state, the court of this state on taking jurisdiction of the case
33-44 may request of the court of the other state a certified copy of the
33-45 transcript of a court record and other documents listed in Section
33-46 152.021.
33-47 Sec. 152.023. International Application. The general
33-48 policies of this chapter extend to the international area. The
33-49 provisions of this chapter relating to the recognition and
33-50 enforcement of custody decrees of other states apply to custody
33-51 decrees and decrees involving legal institutions similar in nature
33-52 to custody institutions rendered by appropriate authorities of
33-53 other nations if reasonable notice and opportunity to be heard were
33-54 given to all affected persons.
33-55 Sec. 152.024. Priority. On the request of a party to a
33-56 custody proceeding that raises a question of existence or exercise
33-57 of jurisdiction under this chapter, the case shall be given
33-58 calendar priority and handled expeditiously.
33-59 Sec. 152.025. Short Title. This chapter may be cited as the
33-60 Uniform Child Custody Jurisdiction Act.
33-61 CHAPTER 153. CONSERVATORSHIP, POSSESSION, AND ACCESS
33-62 SUBCHAPTER A. GENERAL PROVISIONS
33-63 Sec. 153.001. PUBLIC POLICY. The public policy of this state
33-64 is to:
33-65 (1) assure that children will have frequent and
33-66 continuing contact with parents who have shown the ability to act
33-67 in the best interest of the child;
33-68 (2) provide a stable environment for the child; and
33-69 (3) encourage parents to share in the rights and
33-70 duties of raising their child after the parents have separated or
34-1 dissolved their marriage.
34-2 Sec. 153.002. BEST INTEREST OF CHILD. The best interest of
34-3 the child shall always be the primary consideration of the court in
34-4 determining the issues of conservatorship and possession of and
34-5 access to the child.
34-6 Sec. 153.003. NO DISCRIMINATION BASED ON SEX OR MARITAL
34-7 STATUS. The court shall consider the qualifications of the parties
34-8 without regard to their marital status or to the sex of the party
34-9 or the child in determining:
34-10 (1) which party to appoint as sole managing
34-11 conservator;
34-12 (2) whether to appoint a party as joint managing
34-13 conservator; and
34-14 (3) the terms and conditions of conservatorship and
34-15 possession of and access to the child.
34-16 Sec. 153.004. HISTORY OF DOMESTIC VIOLENCE. (a) In
34-17 determining whether to appoint a party as a sole or joint managing
34-18 conservator, the court shall consider evidence of the intentional
34-19 use of abusive physical force by a party against the party's spouse
34-20 or against any person younger than 18 years of age committed within
34-21 a two-year period preceding the filing of the suit or during the
34-22 pendency of the suit.
34-23 (b) The court may not appoint joint managing conservators if
34-24 credible evidence is presented of a history or pattern of past or
34-25 present child neglect, or physical or sexual abuse by one parent
34-26 directed against the other parent, a spouse, or a child.
34-27 (c) The court shall consider the commission of family
34-28 violence in determining whether to deny, restrict, or limit the
34-29 possession of a child by a parent who is appointed as a possessory
34-30 conservator.
34-31 Sec. 153.005. APPOINTMENT OF SOLE OR JOINT MANAGING
34-32 CONSERVATOR. (a) In a suit, the court may appoint a sole managing
34-33 conservator or may appoint joint managing conservators. If the
34-34 parents are or will be separated, the court shall appoint at least
34-35 one managing conservator.
34-36 (b) A managing conservator must be a parent, a competent
34-37 adult, an authorized agency, or a licensed child-placing agency.
34-38 Sec. 153.006. APPOINTMENT OF POSSESSORY CONSERVATOR.
34-39 (a) If a managing conservator is appointed, the court may appoint
34-40 one or more possessory conservators.
34-41 (b) The court shall specify the rights and duties of a
34-42 person appointed possessory conservator.
34-43 (c) The court shall specify and expressly state in the order
34-44 the times and conditions for possession of or access to the child,
34-45 unless a party shows good cause why specific orders would not be in
34-46 the best interest of the child.
34-47 Sec. 153.007. AGREEMENT CONCERNING CONSERVATORSHIP. (a) To
34-48 promote the amicable settlement of disputes between the parties to
34-49 a suit, the parties may enter into a written agreement containing
34-50 provisions for conservatorship and possession of the child and for
34-51 modification of the agreement, including variations from the
34-52 standard possession order.
34-53 (b) If the court finds that the agreement is in the child's
34-54 best interest, the court shall render an order in accordance with
34-55 the agreement.
34-56 (c) Terms of the agreement in the order may be enforced by
34-57 all remedies available for enforcement of a judgment, including
34-58 contempt, but are not enforceable as contract terms unless provided
34-59 by the agreement.
34-60 (d) If the court finds the agreement is not in the child's
34-61 best interest, the court may request the parties to submit a
34-62 revised agreement or the court may render an order for the
34-63 conservatorship and possession of the child.
34-64 Sec. 153.008. CHILD'S CHOICE OF MANAGING CONSERVATOR. If
34-65 the child is 12 years of age or older, the child may, by writing
34-66 filed with the court, choose the managing conservator, subject to
34-67 the approval of the court.
34-68 Sec. 153.009. INTERVIEW OF CHILD IN CHAMBERS. (a) In a
34-69 nonjury trial the court may interview the child in chambers to
34-70 determine the child's wishes as to conservatorship.
35-1 (b) When the issue of managing conservatorship is contested,
35-2 on the application of a party, the court shall interview a child 12
35-3 years of age or older and may interview a child under 12 years of
35-4 age. Interviewing a child does not diminish the discretion of the
35-5 court.
35-6 (c) The court may permit the attorney for a party or the
35-7 attorney ad litem for the child to be present at the interview.
35-8 (d) On the motion of a party or on the court's own motion,
35-9 the court shall cause a record of the interview to be made when the
35-10 child is 12 years of age or older. A record of the interview shall
35-11 be part of the record in the case.
35-12 Sec. 153.010. ORDER FOR FAMILY COUNSELING. If the court
35-13 finds that the parties have a history of conflict in resolving an
35-14 issue of conservatorship or possession of or access to the child,
35-15 the court may order a party to:
35-16 (1) participate in counseling with a person appointed
35-17 by the court; and
35-18 (2) pay the cost of counseling.
35-19 Sec. 153.011. SECURITY BOND. If the court finds that a
35-20 person who has a possessory interest in a child may violate the
35-21 court order relating to the interest, the court may order the party
35-22 to execute a bond or deposit security. The court shall set the
35-23 amount and condition the bond or security on compliance with the
35-24 order.
35-25 Sec. 153.012. RIGHT TO PRIVACY; DELETION OF PERSONAL
35-26 INFORMATION IN RECORDS. The court may order the custodian of
35-27 records to delete all references in the records to the place of
35-28 residence of either party appointed as a conservator of the child
35-29 before the release of the records to another party appointed as a
35-30 conservator.
35-31 (Sections 153.013-153.070 reserved for expansion)
35-32 SUBCHAPTER B. PARENT APPOINTED AS CONSERVATOR: IN GENERAL
35-33 Sec. 153.071. COURT TO SPECIFY RIGHTS AND DUTIES OF PARENT
35-34 APPOINTED A CONSERVATOR. If both parents are appointed as
35-35 conservators of the child, the court shall specify the rights and
35-36 duties of a parent that are to be exercised:
35-37 (1) by each parent independently;
35-38 (2) by the joint agreement of the parents; and
35-39 (3) exclusively by one parent.
35-40 Sec. 153.072. WRITTEN FINDING REQUIRED TO LIMIT PARENTAL
35-41 RIGHTS AND DUTIES. The court may limit the rights and duties of a
35-42 parent appointed as a conservator if the court makes a written
35-43 finding that the limitation is in the best interest of the child.
35-44 Sec. 153.073. RIGHTS OF PARENT AT ALL TIMES. (a) Unless
35-45 limited by court order, a parent appointed as a conservator of a
35-46 child has at all times the right:
35-47 (1) to receive information from the other parent
35-48 concerning the health, education, and welfare of the child;
35-49 (2) to confer with the other parent to the extent
35-50 possible before making a decision concerning the health, education,
35-51 and welfare of the child;
35-52 (3) of access to medical, dental, psychological, and
35-53 educational records of the child;
35-54 (4) to consult with a physician, dentist, or
35-55 psychologist of the child;
35-56 (5) to consult with school officials concerning the
35-57 child's welfare and educational status, including school
35-58 activities;
35-59 (6) to attend school activities;
35-60 (7) to be designated on the child's records as a
35-61 person to be notified in case of an emergency;
35-62 (8) to consent to medical, dental, and surgical
35-63 treatment during an emergency involving an immediate danger to the
35-64 health and safety of the child; and
35-65 (9) to manage the estate of the child to the extent
35-66 the estate has been created by the parent or the parent's family.
35-67 (b) The court shall specify in the order the rights that a
35-68 parent retains at all times.
35-69 Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
35-70 Unless limited by court order, a parent appointed as a conservator
36-1 of a child has the following rights and duties during the period
36-2 that the parent has possession of the child:
36-3 (1) the duty of care, control, protection, and
36-4 reasonable discipline of the child;
36-5 (2) the duty to support the child, including providing
36-6 the child with clothing, food, shelter, and medical and dental care
36-7 not involving an invasive procedure; and
36-8 (3) the right to direct the moral and religious
36-9 training of the child.
36-10 Sec. 153.075. DUTIES OF PARENT NOT APPOINTED CONSERVATOR.
36-11 The court may order a parent not appointed as a managing or a
36-12 possessory conservator to perform other parental duties, including
36-13 paying child support.
36-14 (Sections 153.076-153.130 reserved for expansion)
36-15 SUBCHAPTER C. PARENT APPOINTED AS SOLE OR JOINT
36-16 MANAGING CONSERVATOR
36-17 Sec. 153.131. PRESUMPTION THAT PARENT TO BE APPOINTED
36-18 MANAGING CONSERVATOR. Unless the court finds that appointment of
36-19 the parent or parents would not be in the best interest of the
36-20 child because the appointment would significantly impair the
36-21 child's physical health or emotional development, a parent shall be
36-22 appointed sole managing conservator or both parents shall be
36-23 appointed as joint managing conservators of the child.
36-24 Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
36-25 MANAGING CONSERVATOR. Unless limited by court order, a parent
36-26 appointed as sole managing conservator of a child has the rights
36-27 and duties provided by Subchapter B and the following exclusive
36-28 rights:
36-29 (1) the right to establish the primary residence of
36-30 the child;
36-31 (2) the right to consent to medical, dental, and
36-32 surgical treatment involving invasive procedures, and to consent to
36-33 psychiatric and psychological treatment;
36-34 (3) the right to receive and give receipt for periodic
36-35 payments for the support of the child and to hold or disburse these
36-36 funds for the benefit of the child;
36-37 (4) the right to represent the child in legal action
36-38 and to make other decisions of substantial legal significance
36-39 concerning the child;
36-40 (5) the right to consent to marriage and to enlistment
36-41 in the armed forces of the United States;
36-42 (6) the right to the services and earnings of the
36-43 child; and
36-44 (7) except when a guardian of the child's estate or a
36-45 guardian or attorney ad litem has been appointed for the child, the
36-46 right to act as an agent of the child in relation to the child's
36-47 estate if the child's action is required by a state, the United
36-48 States, or a foreign government.
36-49 Sec. 153.133. AGREEMENT FOR JOINT MANAGING CONSERVATORSHIP.
36-50 (a) If a written agreement of the parents is filed with the court,
36-51 the court shall render an order appointing the parents as joint
36-52 managing conservators only if the agreement:
36-53 (1) establishes the county of residence of the child
36-54 until modified by further order, or designates the conservator who
36-55 has the exclusive right to establish the primary residence of the
36-56 child;
36-57 (2) specifies the rights and duties of each parent
36-58 regarding the child's physical care, support, and education;
36-59 (3) includes provisions to minimize disruption of the
36-60 child's education, daily routine, and association with friends;
36-61 (4) allocates between the parents, independently,
36-62 jointly, or exclusively, all of the remaining rights and duties of
36-63 a parent provided by Chapter 151;
36-64 (5) is voluntarily and knowingly made by each parent
36-65 and has not been repudiated by either parent at the time the order
36-66 is rendered; and
36-67 (6) is in the best interest of the child.
36-68 (b) The agreement may contain an alternative dispute
36-69 resolution procedure that the parties agree to use before
36-70 requesting enforcement or modification of the terms and conditions
37-1 of the joint conservatorship through litigation, except in an
37-2 emergency.
37-3 Sec. 153.134. COURT-ORDERED JOINT CONSERVATORSHIP. (a) If
37-4 a written agreement of the parents is not filed with the court, the
37-5 court may render an order appointing the parents joint managing
37-6 conservators only if the appointment is in the best interest of the
37-7 child, considering the following factors:
37-8 (1) whether the physical, psychological, or emotional
37-9 needs and development of the child will benefit from the
37-10 appointment of joint managing conservators;
37-11 (2) the ability of the parents to give first priority
37-12 to the welfare of the child and reach shared decisions in the
37-13 child's best interest;
37-14 (3) whether each parent can encourage and accept a
37-15 positive relationship between the child and the other parent;
37-16 (4) whether both parents participated in child rearing
37-17 before the filing of the suit;
37-18 (5) the geographical proximity of the parents'
37-19 residences;
37-20 (6) if the child is 12 years of age or older, the
37-21 child's preference, if any, regarding the appointment of joint
37-22 managing conservators; and
37-23 (7) any other relevant factor.
37-24 (b) In rendering an order appointing joint managing
37-25 conservators, the court shall:
37-26 (1) establish the county of residence of the child
37-27 until altered by further order, or designate the conservator who
37-28 has the exclusive right to determine the primary residence of the
37-29 child;
37-30 (2) specify the rights and duties of each parent
37-31 regarding the child's physical care, support, and education;
37-32 (3) include provisions to minimize disruption of the
37-33 child's education, daily routine, and association with friends;
37-34 (4) allocate between the parents, independently,
37-35 jointly, or exclusively, all of the remaining rights and duties of
37-36 a parent as provided by Chapter 151; and
37-37 (5) if feasible, recommend that the parties use an
37-38 alternative dispute resolution method before requesting enforcement
37-39 or modification of the terms and conditions of the joint
37-40 conservatorship through litigation, except in an emergency.
37-41 Sec. 153.135. EQUAL POSSESSION NOT REQUIRED. Joint managing
37-42 conservatorship does not require the award of equal or nearly equal
37-43 periods of physical possession of and access to the child to each
37-44 of the joint conservators.
37-45 Sec. 153.136. COURT DESIGNATION OF PRIMARY PHYSICAL
37-46 RESIDENCE. If joint managing conservatorship is ordered, the best
37-47 interest of the child ordinarily requires the court to designate a
37-48 primary physical residence for the child.
37-49 Sec. 153.137. GUIDELINES FOR THE POSSESSION OF CHILD BY
37-50 PARENT NAMED AS JOINT MANAGING CONSERVATOR. The standard
37-51 possession order provided by Subchapter F constitutes a presumptive
37-52 minimum amount of time for possession of a child by a parent named
37-53 as a joint managing conservator who is not awarded the primary
37-54 physical residence of the child in a suit.
37-55 Sec. 153.138. CHILD SUPPORT ORDER AFFECTING JOINT
37-56 CONSERVATORS. The appointment of joint managing conservators does
37-57 not impair or limit the authority of the court to order a joint
37-58 managing conservator to pay child support to another joint managing
37-59 conservator.
37-60 Sec. 153.139. RECEIPT OF PUBLIC ASSISTANCE BY JOINT
37-61 CONSERVATOR. If a child is receiving or qualifies for assistance
37-62 under Chapter 31 or 32 or Title 4 or 5, Human Resources Code, at
37-63 the request of either party, a parent appointed as a joint managing
37-64 conservator shall be designated by the court as the primary
37-65 caretaker and the home of that parent as the primary residence of
37-66 the child for the purpose of receiving public assistance on behalf
37-67 of the child. If one parent receives public assistance on behalf
37-68 of the child, the court shall designate that parent as the primary
37-69 caretaking parent unless the court finds that it is in the best
37-70 interest of the child to designate the other parent.
38-1 (Sections 153.140-153.190 reserved for expansion)
38-2 SUBCHAPTER D. PARENT APPOINTED AS POSSESSORY CONSERVATOR
38-3 Sec. 153.191. PRESUMPTION THAT PARENT TO BE APPOINTED
38-4 POSSESSORY CONSERVATOR. The court shall appoint as a possessory
38-5 conservator a parent who is not appointed as a sole or joint
38-6 managing conservator unless it finds that the appointment is not in
38-7 the best interest of the child and that parental possession or
38-8 access would endanger the physical or emotional welfare of the
38-9 child.
38-10 Sec. 153.192. RIGHTS AND DUTIES OF PARENT APPOINTED
38-11 POSSESSORY CONSERVATOR. (a) Unless limited by court order, a
38-12 parent appointed as possessory conservator of a child has the
38-13 rights and duties provided by Subchapter B and any other right or
38-14 duty expressly granted to the possessory conservator in the order.
38-15 (b) In ordering the terms and conditions for possession of a
38-16 child by a parent appointed possessory conservator, the court shall
38-17 be guided by the guidelines in Subchapter E.
38-18 Sec. 153.193. MINIMAL RESTRICTION ON PARENT'S POSSESSION OR
38-19 ACCESS. The terms of an order that denies possession of a child to
38-20 a parent or imposes restrictions or limitations on a parent's right
38-21 to possession of or access to a child may not exceed those that are
38-22 required to protect the best interest of the child.
38-23 (Sections 153.194-153.250 reserved for expansion)
38-24 SUBCHAPTER E. GUIDELINES FOR THE POSSESSION OF A CHILD
38-25 BY A PARENT NAMED AS POSSESSORY CONSERVATOR
38-26 Sec. 153.251. POLICY AND GENERAL APPLICATION OF GUIDELINES.
38-27 (a) The guidelines established in the standard possession order
38-28 are intended to guide the courts in ordering the terms and
38-29 conditions for possession of a child by a parent named as a
38-30 possessory conservator or as the minimum possession for a joint
38-31 managing conservator.
38-32 (b) It is the policy of this state to encourage frequent
38-33 contact between a child and each parent for periods of possession
38-34 that optimize the development of a close and continuing
38-35 relationship between each parent and child.
38-36 (c) It is preferable for all children in a family to be
38-37 together during periods of possession.
38-38 (d) The standard possession order is designed to apply to a
38-39 child three years of age or older.
38-40 Sec. 153.252. REBUTTABLE PRESUMPTION. In a suit, there is a
38-41 rebuttable presumption that the standard possession order in
38-42 Subchapter F:
38-43 (1) provides reasonable minimum possession of a child
38-44 for a parent named as a possessory conservator or joint managing
38-45 conservator; and
38-46 (2) is in the best interest of the child.
38-47 Sec. 153.253. STANDARD POSSESSION ORDER INAPPROPRIATE OR
38-48 UNWORKABLE. The court shall render an order that grants periods of
38-49 possession of the child as similar as possible to those provided by
38-50 the standard possession order if the work schedule or other special
38-51 circumstances of the managing conservator, the possessory
38-52 conservator, or the child, or the year-round school schedule of the
38-53 child, make the standard order unworkable or inappropriate.
38-54 Sec. 153.254. CHILD LESS THAN THREE YEARS OF AGE. (a) The
38-55 court shall render an order appropriate under the circumstances for
38-56 possession of a child less than three years of age.
38-57 (b) The court shall render a prospective order to take
38-58 effect on the child's third birthday, which presumptively will be
38-59 the standard possession order.
38-60 Sec. 153.255. AGREEMENT. The court may render an order for
38-61 periods of possession of a child that vary from the standard
38-62 possession order based on the agreement of the parties.
38-63 Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering
38-64 the terms of possession of a child, the court shall be guided by
38-65 the guidelines established by the standard possession order and may
38-66 consider:
38-67 (1) the age, developmental status, circumstances,
38-68 needs, and best interest of the child;
38-69 (2) the circumstances of the managing conservator and
38-70 of the parent named as a possessory conservator; and
39-1 (3) any other relevant factor.
39-2 Sec. 153.257. MEANS OF TRAVEL. In an order providing for
39-3 the terms and conditions of possession of a child, the court may
39-4 restrict the means of travel of the child by a legal mode of
39-5 transportation only after a showing of good cause contained in the
39-6 record and a finding by the court that the restriction is in the
39-7 best interest of the child. The court shall specify the duties of
39-8 the conservators to provide transportation to and from the
39-9 transportation facilities.
39-10 Sec. 153.258. REQUEST FOR FINDINGS WHEN ORDER VARIES FROM
39-11 STANDARD ORDER. Without regard to Rules 296 through 299, Texas
39-12 Rules of Civil Procedure, in all cases in which possession of a
39-13 child by a parent is contested and the possession of the child
39-14 varies from the standard possession order, on written request made
39-15 or filed with the court not later than 10 days after the date of
39-16 the hearing or on oral request made in open court during the
39-17 hearing, the court shall state in the order the specific reasons
39-18 for the variance from the standard order.
39-19 (Sections 153.259-153.310 reserved for expansion)
39-20 SUBCHAPTER F. STANDARD POSSESSION ORDER
39-21 Sec. 153.311. Mutual Agreement or Specified Terms for
39-22 Possession. The court shall specify in a standard possession order
39-23 that the parties may have possession of the child at times mutually
39-24 agreed to in advance by the parties and, in the absence of mutual
39-25 agreement, shall have possession of the child under the specified
39-26 terms set out in the standard order.
39-27 Sec. 153.312. Parents Who Reside 100 Miles or Less Apart.
39-28 (a) If the possessory conservator resides 100 miles or less from
39-29 the primary residence of the child, the possessory conservator
39-30 shall have the right to possession of the child as follows:
39-31 (1) on weekends beginning at 6 p.m. on the first,
39-32 third, and fifth Friday of each month and ending at 6 p.m. on the
39-33 following Sunday or, at the possessory conservator's election made
39-34 before or at the time of the rendition of the original or
39-35 modification order, and as specified in the original or
39-36 modification order, beginning at the time the child's school is
39-37 regularly dismissed and ending at 6 p.m. on the following Sunday;
39-38 and
39-39 (2) on Wednesdays of each week during the regular
39-40 school term beginning at 6 p.m. and ending at 8 p.m., or, at the
39-41 possessory conservator's election made before or at the time of the
39-42 rendition of the original or modification order, and as specified
39-43 in the original or modification order, beginning at the time the
39-44 child's school is regularly dismissed and ending at 8 p.m.
39-45 (b) The following provisions govern possession of the child
39-46 for vacations and certain specific holidays and supersede
39-47 conflicting weekend or Wednesday periods of possession. The
39-48 possessory conservator and the managing conservator shall have
39-49 rights of possession of the child as follows:
39-50 (1) the possessory conservator shall have possession
39-51 in even-numbered years, beginning at 6 p.m. on the day the child is
39-52 dismissed from school for the school's spring vacation and ending
39-53 at 6 p.m. on the day before school resumes after that vacation, and
39-54 the managing conservator shall have possession for the same period
39-55 in odd-numbered years;
39-56 (2) if a possessory conservator:
39-57 (A) gives the managing conservator written
39-58 notice by May 1 of each year specifying an extended period or
39-59 periods of summer possession, the possessory conservator shall have
39-60 possession of the child for 30 days beginning not earlier than the
39-61 day after the child's school is dismissed for the summer vacation
39-62 and ending not later than seven days before school resumes at the
39-63 end of the summer vacation, to be exercised in not more than two
39-64 separate periods of at least seven consecutive days each; or
39-65 (B) does not give the managing conservator
39-66 written notice by May 1 of each year specifying an extended period
39-67 or periods of summer possession, the possessory conservator shall
39-68 have possession of the child for 30 consecutive days beginning at 6
39-69 p.m. on July 1 and ending at 6 p.m. on July 31;
39-70 (3) if the managing conservator gives the possessory
40-1 conservator written notice by June 1 of each year, the managing
40-2 conservator shall have possession of the child on any one weekend
40-3 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
40-4 Sunday during one period of possession by the possessory
40-5 conservator under Subdivision (2), provided that the managing
40-6 conservator picks up the child from the possessory conservator and
40-7 returns the child to that same place; and
40-8 (4) if the managing conservator gives the possessory
40-9 conservator written notice by May 15 of each year or gives the
40-10 possessory conservator 14 days' written notice on or after May 16
40-11 of each year, the managing conservator may designate one weekend
40-12 beginning not earlier than the day after the child's school is
40-13 dismissed for the summer vacation and ending not later than seven
40-14 days before school resumes at the end of the summer vacation,
40-15 during which an otherwise scheduled weekend period of possession by
40-16 the possessory conservator will not take place, provided that the
40-17 weekend designated does not interfere with the possessory
40-18 conservator's period or periods of extended summer possession or
40-19 with Father's Day if the possessory conservator is the father of
40-20 the child.
40-21 Sec. 153.313. Parents Who Reside Over 100 Miles Apart. If
40-22 the possessory conservator resides more than 100 miles from the
40-23 residence of the child, the possessory conservator shall have the
40-24 right to possession of the child as follows:
40-25 (1) either regular weekend possession beginning on the
40-26 first, third, and fifth Friday as provided under the terms
40-27 applicable to parents who reside 100 miles or less apart or not
40-28 more than one weekend per month of the possessory conservator's
40-29 choice beginning at 6 p.m. on the day school recesses for the
40-30 weekend and ending at 6 p.m. on the day before school resumes after
40-31 the weekend, provided that the possessory conservator gives the
40-32 managing conservator seven days' written or telephonic notice
40-33 preceding a designated weekend, and provided that the possessory
40-34 conservator elects an option for this alternative period of
40-35 possession by written notice given to the managing conservator
40-36 within 90 days after the parties begin to reside more than 100
40-37 miles apart, as applicable;
40-38 (2) each year beginning on the day the child is
40-39 dismissed from school for the school's spring vacation and ending
40-40 at 6 p.m. on the day before school resumes after that vacation;
40-41 (3) if the possessory conservator:
40-42 (A) gives the managing conservator written
40-43 notice by May 1 of each year specifying an extended period or
40-44 periods of summer possession, the possessory conservator shall have
40-45 possession of the child for 42 days beginning not earlier than the
40-46 day after the child's school is dismissed for the summer vacation
40-47 and ending not later than seven days before school resumes at the
40-48 end of the summer vacation, to be exercised in not more than two
40-49 separate periods of at least seven consecutive days each; or
40-50 (B) does not give the managing conservator
40-51 written notice by May 1 of each year specifying an extended period
40-52 or periods of summer possession, the possessory conservator shall
40-53 have possession of the child for 42 consecutive days beginning at 6
40-54 p.m. on June 15 and ending at 6 p.m. on July 27;
40-55 (4) if the managing conservator gives the possessory
40-56 conservator written notice by June 1 of each year the managing
40-57 conservator shall have possession of the child on one weekend
40-58 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
40-59 Sunday during one period of possession by the possessory
40-60 conservator under Subdivision (3), provided that if a period of
40-61 possession by the possessory conservator exceeds 30 days, the
40-62 managing conservator may have possession of the child under the
40-63 terms of this subdivision on two nonconsecutive weekends during
40-64 that time period, and further provided that the managing
40-65 conservator picks up the child from the possessory conservator and
40-66 returns the child to that same place; and
40-67 (5) if the managing conservator gives the possessory
40-68 conservator written notice by May 15 of each year or gives the
40-69 possessory conservator 30 days' written notice on or after May 16
40-70 of each year, the managing conservator may designate 21 days
41-1 beginning not earlier than the day after the child's school is
41-2 dismissed for the summer vacation and ending not later than seven
41-3 days before school resumes at the end of the summer vacation, to be
41-4 exercised in not more than two separate periods of at least seven
41-5 consecutive days each, during which the possessory conservator may
41-6 not have possession of the child, provided that the period or
41-7 periods so designated do not interfere with the possessory
41-8 conservator's period or periods of extended summer possession or
41-9 with Father's Day if the possessory conservator is the father of
41-10 the child.
41-11 Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE
41-12 PARENTS RESIDE APART. The following provisions govern possession
41-13 of the child for certain specific holidays and supersede
41-14 conflicting weekend or Wednesday periods of possession without
41-15 regard to the distance the parents reside apart. The possessory
41-16 conservator and the managing conservator shall have rights of
41-17 possession of the child as follows:
41-18 (1) the possessory conservator shall have possession
41-19 of the child in even-numbered years beginning at 6 p.m. on the day
41-20 the child is dismissed from school for the Christmas school
41-21 vacation and ending at noon on December 26, and the managing
41-22 conservator shall have possession for the same period in
41-23 odd-numbered years;
41-24 (2) the possessory conservator shall have possession
41-25 of the child in odd-numbered years beginning at noon on December 26
41-26 and ending at 6 p.m. on the day before school resumes after that
41-27 vacation, and the managing conservator shall have possession for
41-28 the same period in even-numbered years;
41-29 (3) the possessory conservator shall have possession
41-30 of the child in odd-numbered years, beginning at 6 p.m. on the day
41-31 the child is dismissed from school before Thanksgiving and ending
41-32 at 6 p.m. on the following Sunday, and the managing conservator
41-33 shall have possession for the same period in even-numbered years;
41-34 (4) the parent not otherwise entitled under this
41-35 standard order to present possession of a child on the child's
41-36 birthday shall have possession of the child beginning at 6 p.m. and
41-37 ending at 8 p.m. on that day, provided that the parent picks up the
41-38 child from the residence of the conservator entitled to possession
41-39 and returns the child to that same place;
41-40 (5) if a conservator, the father shall have possession
41-41 of the child beginning at 6 p.m. on the Friday preceding Father's
41-42 Day and ending on Father's Day at 6 p.m., provided that, if he is
41-43 not otherwise entitled under this standard order to present
41-44 possession of the child, he picks up the child from the residence
41-45 of the conservator entitled to possession and returns the child to
41-46 that same place; and
41-47 (6) if a conservator, the mother shall have possession
41-48 of the child beginning at 6 p.m. on the Friday preceding Mother's
41-49 Day and ending on Mother's Day at 6 p.m., provided that, if she is
41-50 not otherwise entitled under this standard order to present
41-51 possession of the child, she picks up the child from the residence
41-52 of the conservator entitled to possession and returns the child to
41-53 that same place.
41-54 Sec. 153.315. Weekend Possession Extended by Holiday.
41-55 (a) If a weekend period of possession of the possessory
41-56 conservator coincides with a school holiday during the regular
41-57 school term or with a federal, state, or local holiday during the
41-58 summer months in which school is not in session, the weekend
41-59 possession shall end at 6 p.m. on a Monday holiday or school
41-60 holiday or shall begin at 6 p.m. Thursday for a Friday holiday or
41-61 school holiday, as applicable.
41-62 (b) At the possessory conservator's election, made before or
41-63 at the time of the rendition of the original or modification order,
41-64 and as specified in the original or modification order, periods of
41-65 possession extended by a holiday may begin at the time the child's
41-66 school is regularly dismissed.
41-67 Sec. 153.316. GENERAL TERMS AND CONDITIONS. The court shall
41-68 order the following general terms and conditions of possession of a
41-69 child to apply without regard to the distance between the residence
41-70 of a parent and the child:
42-1 (1) the managing conservator shall surrender the child
42-2 to the possessory conservator at the beginning of each period of
42-3 the possessory conservator's possession at the residence of the
42-4 managing conservator;
42-5 (2) if the possessory conservator elects to begin a
42-6 period of possession at the time the child's school is regularly
42-7 dismissed, the managing conservator shall surrender the child to
42-8 the possessory conservator at the beginning of each period of
42-9 possession at the school in which the child is enrolled;
42-10 (3) the possessory conservator shall be ordered to do
42-11 one of the following:
42-12 (A) the possessory conservator shall surrender
42-13 the child to the managing conservator at the end of each period of
42-14 possession at the residence of the possessory conservator; or
42-15 (B) the possessory conservator shall return the
42-16 child to the residence of the managing conservator at the end of
42-17 each period of possession, except that the order shall provide that
42-18 if the possessory conservator's county of residence remains the
42-19 same after the rendition of the order establishing terms and
42-20 conditions of possession and access, and if the managing
42-21 conservator's county of residence should change, effective on the
42-22 date of the change of residence by the managing conservator, the
42-23 possessory conservator shall surrender the child to the managing
42-24 conservator at the end of each period of possession at the
42-25 residence of the possessory conservator;
42-26 (4) if the possessory conservator elects to end a
42-27 period of possession at the time the child's school resumes, the
42-28 possessory conservator shall surrender the child to the managing
42-29 conservator at the end of each period of possession at the school
42-30 in which the child is enrolled;
42-31 (5) each conservator shall return with the child the
42-32 personal effects that the child brought at the beginning of the
42-33 period of possession;
42-34 (6) either parent may designate a competent adult to
42-35 pick up and return the child, as applicable; a parent or a
42-36 designated competent adult shall be present when the child is
42-37 picked up or returned;
42-38 (7) a parent shall give notice to the person in
42-39 possession of the child on each occasion that the parent will be
42-40 unable to exercise that parent's right of possession for a
42-41 specified period;
42-42 (8) written notice shall be deemed to have been timely
42-43 made if received or postmarked before or at the time that notice is
42-44 due; and
42-45 (9) if a conservator's time of possession of a child
42-46 ends at the time school resumes and for any reason the child is not
42-47 or will not be returned to school, the conservator in possession of
42-48 the child shall immediately notify the school and the other
42-49 conservator that the child will not be or has not been returned to
42-50 school.
42-51 Sec. 153.317. ALTERNATIVE POSSESSION TIMES. If a child is
42-52 enrolled in school and the possessory conservator elects before or
42-53 at the time of the rendition of the original or modification order,
42-54 the standard order may expressly provide that the possessory
42-55 conservator's period of possession shall begin or end, or both, at
42-56 a different time expressly set in the standard order under and
42-57 within the range of alternative times provided by one or both of
42-58 the following subdivisions:
42-59 (1) except for the Christmas school vacation and
42-60 Wednesday evening possession, instead of a period of possession by
42-61 a possessory conservator beginning at 6 p.m. on the day school
42-62 recesses, the period of possession may be set in the standard
42-63 possession order to begin at the time the child's school is
42-64 regularly dismissed or at any time between the time the child's
42-65 school is regularly dismissed and 6 p.m.; and
42-66 (2) except for Wednesday evening possession, instead
42-67 of a period of possession by a possessory conservator ending at 6
42-68 p.m. on the day before school resumes, the period of possession may
42-69 be set in the standard order to end at the time school resumes.
42-70 (Sections 153.318-153.370 reserved for expansion)
43-1 SUBCHAPTER G. APPOINTMENT OF NONPARENT AS CONSERVATOR
43-2 Sec. 153.371. Rights and Duties of Nonparent Appointed as
43-3 Sole Managing Conservator. Unless limited by court order or other
43-4 provisions of this chapter, a nonparent, licensed child-placing
43-5 agency, or authorized agency appointed as a managing conservator of
43-6 the child has the following rights and duties:
43-7 (1) the right to have physical possession, to direct
43-8 the moral and religious training, and to establish the primary
43-9 residence of the child;
43-10 (2) the duty of care, control, protection, and
43-11 reasonable discipline of the child;
43-12 (3) the duty to provide the child with clothing, food,
43-13 shelter, and education;
43-14 (4) the right to consent to medical, psychiatric,
43-15 psychological, dental, and surgical treatment;
43-16 (5) the right to receive and give receipt for payments
43-17 for the support of the child and to hold or disburse funds for the
43-18 benefit of the child;
43-19 (6) the right to the services and earnings of the
43-20 child;
43-21 (7) the right to consent to marriage and to enlistment
43-22 in the armed forces of the United States;
43-23 (8) the right to represent the child in legal action
43-24 and to make other decisions of substantial legal significance
43-25 concerning the child;
43-26 (9) except when a guardian of the child's estate or a
43-27 guardian or attorney ad litem has been appointed for the child, the
43-28 right to act as an agent of the child in relation to the child's
43-29 estate if the child's action is required by a state, the United
43-30 States, or a foreign government; and
43-31 (10) if the parent-child relationship has been
43-32 terminated with respect to the parents, or only living parent, or
43-33 if there is no living parent, the right to consent to the adoption
43-34 of the child and to make any other decision concerning the child
43-35 that a parent could make.
43-36 Sec. 153.372. Nonparent Appointed as Joint Managing
43-37 Conservator. (a) A nonparent, authorized agency, or licensed
43-38 child-placing agency appointed as a joint managing conservator may
43-39 serve in that capacity with either another nonparent or with a
43-40 parent of the child.
43-41 (b) The procedural and substantive standards regarding an
43-42 agreed or court-ordered joint managing conservatorship provided by
43-43 Subchapter C apply to a nonparent joint managing conservator.
43-44 Sec. 153.373. VOLUNTARY SURRENDER OF POSSESSION REBUTS
43-45 PARENTAL PRESUMPTION. The presumption that a parent should be
43-46 appointed or retained as managing conservator of the child is
43-47 rebutted if the court finds that:
43-48 (1) the parent has voluntarily relinquished actual
43-49 care, control, and possession of the child to a nonparent, licensed
43-50 child-placing agency, or authorized agency for a period of one year
43-51 or more, a portion of which was within 90 days preceding the date
43-52 of intervention in or filing of the suit; and
43-53 (2) the appointment of the nonparent or agency as
43-54 managing conservator is in the best interest of the child.
43-55 Sec. 153.374. DESIGNATION OF MANAGING CONSERVATOR IN
43-56 AFFIDAVIT OF RELINQUISHMENT. (a) A parent may designate a
43-57 competent person, authorized agency, or licensed child-placing
43-58 agency to serve as managing conservator of the child in an
43-59 unrevoked or irrevocable affidavit of relinquishment of parental
43-60 rights executed as provided by Chapter 22.
43-61 (b) The person or agency designated to serve as managing
43-62 conservator shall be appointed managing conservator unless the
43-63 court finds that the appointment would not be in the best interest
43-64 of the child.
43-65 Sec. 153.375. ANNUAL REPORT BY NONPARENT MANAGING
43-66 CONSERVATOR. (a) A nonparent appointed as a managing conservator
43-67 of a child shall each 12 months after the appointment file with the
43-68 court a report of facts concerning the child's welfare, including
43-69 the child's whereabouts and physical condition.
43-70 (b) The report may not be admitted in evidence in a
44-1 subsequent suit.
44-2 Sec. 153.376. Rights and Duties of Nonparent Possessory
44-3 Conservator. (a) Unless limited by court order or other
44-4 provisions of this chapter, a nonparent, licensed child-placing
44-5 agency, or authorized agency appointed as a possessory conservator
44-6 has the following rights and duties during the period of
44-7 possession:
44-8 (1) the duty of care, control, protection, and
44-9 reasonable discipline of the child;
44-10 (2) the duty to provide the child with clothing, food,
44-11 and shelter; and
44-12 (3) the right to consent to medical, dental, and
44-13 surgical treatment during an emergency involving an immediate
44-14 danger to the health and safety of the child.
44-15 (b) A nonparent possessory conservator has any other right
44-16 or duty specified in the order.
44-17 Sec. 153.377. ACCESS TO CHILD'S RECORDS. A nonparent
44-18 possessory conservator has the right of access to medical, dental,
44-19 psychological, and educational records of the child to the same
44-20 extent as the managing conservator, without regard to whether the
44-21 right is specified in the order.
44-22 (Sections 153.378-153.430 reserved for expansion)
44-23 SUBCHAPTER H. RIGHTS OF GRANDPARENT
44-24 Sec. 153.431. GRANDPARENTAL APPOINTMENT AS MANAGING
44-25 CONSERVATORS. If the parents are deceased, the grandparents may be
44-26 considered for appointment as managing conservators, but
44-27 consideration does not alter or diminish the discretionary power of
44-28 the court.
44-29 Sec. 153.432. SUIT FOR ACCESS. (a) A biological or
44-30 adoptive grandparent may request access to a grandchild by filing:
44-31 (1) an original suit; or
44-32 (2) a suit for modification as provided by Chapter
44-33 156.
44-34 (b) A grandparent may request access to a grandchild in a
44-35 suit filed for the sole purpose of requesting the relief, without
44-36 regard to whether the appointment of a managing conservator is an
44-37 issue in the suit.
44-38 Sec. 153.433. POSSESSION OF AND ACCESS TO GRANDCHILD. The
44-39 court may order reasonable access to a grandchild by a grandparent
44-40 if:
44-41 (1) at the time the relief is requested, at least one
44-42 biological or adoptive parent of the child has not had that
44-43 parent's parental rights terminated; and
44-44 (2) access is in the best interest of the child, and
44-45 at least one of the following facts is present:
44-46 (A) the grandparent requesting access to the
44-47 child is a parent of a parent of the child and that parent of the
44-48 child has been incarcerated in jail or prison during the
44-49 three-month period preceding the filing of the petition or has been
44-50 found by a court to be incompetent or is dead;
44-51 (B) the parents of the child are divorced or
44-52 have been living apart for the three-month period preceding the
44-53 filing of the petition or a suit for the dissolution of the
44-54 parents' marriage is pending;
44-55 (C) the child has been abused or neglected by a
44-56 parent of the child;
44-57 (D) the child has been adjudicated to be a child
44-58 in need of supervision or a delinquent child under Title 3;
44-59 (E) the grandparent requesting access to the
44-60 child is the parent of a person whose parent-child relationship
44-61 with the child has been terminated by court order; or
44-62 (F) the child has resided with the grandparent
44-63 requesting access to the child for at least six months within the
44-64 24-month period preceding the filing of the petition.
44-65 Sec. 153.434. LIMITATION ON RIGHT TO REQUEST ACCESS. A
44-66 biological or adoptive grandparent may not request possession of or
44-67 access to a grandchild if:
44-68 (1) the grandparent is a parent of a person whose
44-69 parental rights with the child have been terminated by court order
44-70 or by death; and
45-1 (2) the other biological parent has died or has had
45-2 that parent's parental rights terminated and the grandchild has
45-3 been adopted by a person other than the child's stepparent.
45-4 CHAPTER 154. CHILD SUPPORT
45-5 SUBCHAPTER A. COURT-ORDERED CHILD SUPPORT
45-6 Sec. 154.001. SUPPORT OF CHILD. The court may order either
45-7 or both parents to support a child in the manner specified by the
45-8 order:
45-9 (1) until the child is 18 years of age or until
45-10 graduation from high school, whichever occurs later;
45-11 (2) until the child is emancipated through marriage,
45-12 through removal of the disabilities of minority by court order, or
45-13 by other operation of law;
45-14 (3) until the death of the child; or
45-15 (4) if the child is disabled as defined in this
45-16 chapter, for an indefinite period.
45-17 Sec. 154.002. CHILD SUPPORT THROUGH HIGH SCHOOL GRADUATION.
45-18 (a) If the child is fully enrolled in an accredited secondary
45-19 school in a program leading toward a high school diploma, the court
45-20 may render an original support order or modify an existing order
45-21 providing child support past the 18th birthday of the child.
45-22 (b) The request for a support order through high school
45-23 graduation may be filed before or after the child's 18th birthday.
45-24 (c) The order for periodic support may provide that payments
45-25 continue through the end of the month in which the child graduates.
45-26 Sec. 154.003. MANNER OF PAYMENT. The court may order that
45-27 child support be paid by:
45-28 (1) periodic payments;
45-29 (2) a lump-sum payment;
45-30 (3) an annuity purchase;
45-31 (4) the setting aside of property to be administered
45-32 for the support of the child as specified in the order; or
45-33 (5) any combination of periodic payments, lump-sum
45-34 payments, annuity purchases, or setting aside of property.
45-35 Sec. 154.004. PLACE OF PAYMENT. (a) Except as agreed by
45-36 the parties, the court shall order the payment of child support
45-37 through a local registry or through the Title IV-D agency.
45-38 (b) In a Title IV-D case, the court shall order that income
45-39 withheld for child support be paid:
45-40 (1) to the Title IV-D agency through a local registry,
45-41 which shall forward the payment to the Title IV-D agency; or
45-42 (2) directly to the Title IV-D agency.
45-43 Sec. 154.005. PAYMENTS OF SUPPORT OBLIGATION BY TRUST.
45-44 (a) The court may order the trustees of a spendthrift or other
45-45 trust to make disbursements for the support of a child to the
45-46 extent the trustees are required to make payments to a beneficiary
45-47 who is required to make child support payments as provided by this
45-48 chapter.
45-49 (b) If disbursement of the assets of the trust is
45-50 discretionary, the court may order child support payments from the
45-51 income of the trust but not from the principal.
45-52 Sec. 154.006. TERMINATION OF DUTY OF SUPPORT. Unless
45-53 otherwise agreed in writing or expressly provided in the order, the
45-54 child support order terminates on the marriage of the child,
45-55 removal of the child's disabilities for general purposes, or death
45-56 of the child or a parent ordered to pay child support.
45-57 Sec. 154.007. ORDER TO WITHHOLD CHILD SUPPORT FROM INCOME.
45-58 (a) Except for good cause shown, or on agreement of the parties,
45-59 in a proceeding in which periodic payments of child support are
45-60 ordered, the court shall order that income be withheld from the
45-61 disposable earnings of the obligor as provided by Chapter 158.
45-62 (b) If the court does not order income withholding, an order
45-63 for support must contain a provision for income withholding to
45-64 ensure that withholding may be effected if a delinquency occurs.
45-65 (c) A child support order must be construed to contain a
45-66 withholding provision even if the provision has been omitted from
45-67 the written order.
45-68 (d) If the order was rendered or last modified before
45-69 January 1, 1987, the order is presumed to contain a provision for
45-70 income withholding procedures to take effect in the event a
46-1 delinquency occurs without further amendment to the order or future
46-2 action by the court.
46-3 Sec. 154.008. PROVISION FOR HEALTH INSURANCE COVERAGE. The
46-4 court shall order health insurance coverage for the child as
46-5 provided by Subchapters B and D.
46-6 Sec. 154.009. RETROACTIVE CHILD SUPPORT. (a) The court may
46-7 order a parent to pay retroactive child support if the parent:
46-8 (1) has not previously been ordered to pay support for
46-9 the child; and
46-10 (2) was not a party to a suit in which support was
46-11 ordered.
46-12 (b) In ordering retroactive child support, the court shall
46-13 apply the child support guidelines provided by this chapter.
46-14 (c) Unless the Title IV-D agency is a party to an agreement
46-15 concerning support or purporting to settle past, present, or future
46-16 support obligations by prepayment or otherwise, an agreement
46-17 between the parties does not reduce or terminate retroactive
46-18 support that the agency may request.
46-19 Sec. 154.010. NO DISCRIMINATION BASED ON MARITAL STATUS OF
46-20 PARENTS OR SEX. The amount of support ordered for the benefit of a
46-21 child shall be determined without regard to:
46-22 (1) the sex of the obligor, obligee, or child; or
46-23 (2) the marital status of the parents of the child.
46-24 (Sections 154.011-154.060 reserved for expansion)
46-25 SUBCHAPTER B. COMPUTING NET RESOURCES AVAILABLE FOR
46-26 PAYMENT OF CHILD SUPPORT
46-27 Sec. 154.061. COMPUTING NET MONTHLY INCOME. (a) Whenever
46-28 feasible, gross income should first be computed on an annual basis
46-29 and then should be recalculated to determine average monthly gross
46-30 income.
46-31 (b) The Title IV-D agency shall annually promulgate tax
46-32 charts to compute net monthly income, subtracting from gross income
46-33 social security taxes and federal income tax withholding for a
46-34 single person claiming one personal exemption and the standard
46-35 deduction.
46-36 Sec. 154.062. NET RESOURCES. (a) The court shall calculate
46-37 net resources for the purpose of determining child support
46-38 liability as provided by this section.
46-39 (b) Resources include:
46-40 (1) 100 percent of all wage and salary income and
46-41 other compensation for personal services (including commissions,
46-42 overtime pay, tips, and bonuses);
46-43 (2) interest, dividends, and royalty income;
46-44 (3) self-employment income;
46-45 (4) net rental income (defined as rent after deducting
46-46 operating expenses and mortgage payments, but not including noncash
46-47 items such as depreciation); and
46-48 (5) all other income actually being received,
46-49 including severance pay, retirement benefits, pensions, trust
46-50 income, annuities, capital gains, social security benefits,
46-51 unemployment benefits, disability and workers' compensation
46-52 benefits, interest income from notes regardless of the source,
46-53 gifts and prizes, spousal maintenance, and alimony.
46-54 (c) Resources do not include:
46-55 (1) return of principal or capital;
46-56 (2) accounts receivable; or
46-57 (3) benefits paid in accordance with aid for families
46-58 with dependent children.
46-59 (d) The court shall deduct the following items from
46-60 resources to determine the net resources available for child
46-61 support:
46-62 (1) social security taxes;
46-63 (2) federal income tax based on the tax rate for a
46-64 single person claiming one personal exemption and the standard
46-65 deduction;
46-66 (3) union dues; and
46-67 (4) expenses for health insurance coverage for the
46-68 obligor's child.
46-69 Sec. 154.063. PARTY TO FURNISH INFORMATION. The court shall
46-70 require a party to:
47-1 (1) furnish information sufficient to accurately
47-2 identify that party's net resources and ability to pay child
47-3 support; and
47-4 (2) produce copies of income tax returns for the past
47-5 two years, a financial statement, and current pay stubs.
47-6 Sec. 154.064. HEALTH INSURANCE FOR CHILD PRESUMPTIVELY
47-7 PROVIDED BY OBLIGOR. The guidelines for support of a child are
47-8 based on the assumption that the court will order the obligor to
47-9 provide health insurance coverage for the child in addition to the
47-10 amount of child support calculated in accordance with those
47-11 guidelines.
47-12 Sec. 154.065. SELF-EMPLOYMENT INCOME. (a) Income from
47-13 self-employment, whether positive or negative, includes benefits
47-14 allocated to an individual from a business or undertaking in the
47-15 form of a proprietorship, partnership, joint venture, close
47-16 corporation, agency, or independent contractor, less ordinary and
47-17 necessary expenses required to produce that income.
47-18 (b) In its discretion, the court may exclude from
47-19 self-employment income amounts allowable under federal income tax
47-20 law as depreciation, tax credits, or any other business expenses
47-21 shown by the evidence to be inappropriate in making the
47-22 determination of income available for the purpose of calculating
47-23 child support.
47-24 Sec. 154.066. INTENTIONAL UNEMPLOYMENT OR UNDEREMPLOYMENT.
47-25 If the actual income of the obligor is significantly less than what
47-26 the obligor could earn because of intentional unemployment or
47-27 underemployment, the court may apply the support guidelines to the
47-28 earning potential of the obligor.
47-29 Sec. 154.067. DEEMED INCOME. (a) When appropriate, in
47-30 order to determine the net resources available for child support,
47-31 the court may assign a reasonable amount of deemed income
47-32 attributable to assets that do not currently produce income. The
47-33 court shall also consider whether certain property that is not
47-34 producing income can be liquidated without an unreasonable
47-35 financial sacrifice because of cyclical or other market conditions.
47-36 If there is no effective market for the property, the carrying
47-37 costs of such an investment, including property taxes and note
47-38 payments, shall be offset against the income attributed to the
47-39 property.
47-40 (b) The court may assign a reasonable amount of deemed
47-41 income to income-producing assets that a party has voluntarily
47-42 transferred or on which earnings have intentionally been reduced.
47-43 Sec. 154.068. WAGE AND SALARY PRESUMPTION. In the absence
47-44 of evidence of the wage and salary income of a party, the court
47-45 shall presume that the party has wages or salary equal to the
47-46 federal minimum wage for a 40-hour week.
47-47 Sec. 154.069. NET RESOURCES OF SPOUSE. (a) The court may
47-48 not add any portion of the net resources of a spouse to the net
47-49 resources of an obligor or obligee in order to calculate the amount
47-50 of child support to be ordered.
47-51 (b) The court may not subtract the needs of a spouse, or of
47-52 a dependent of a spouse, from the net resources of the obligor or
47-53 obligee.
47-54 Sec. 154.070. CHILD SUPPORT RECEIVED BY OBLIGOR. In a
47-55 situation involving multiple households due child support, child
47-56 support received by an obligor shall be added to the obligor's net
47-57 resources to compute the net resources before determining the child
47-58 support credit or applying the percentages in the multiple
47-59 household table in this chapter.
47-60 (Sections 154.071-154.120 reserved for expansion)
47-61 SUBCHAPTER C. CHILD SUPPORT GUIDELINES
47-62 Sec. 154.121. GUIDELINES FOR THE SUPPORT OF A CHILD. The
47-63 child support guidelines in this subchapter are intended to guide
47-64 the court in determining an equitable amount of child support.
47-65 Sec. 154.122. APPLICATION OF GUIDELINES REBUTTABLY PRESUMED
47-66 IN BEST INTEREST OF CHILD. (a) The amount of a periodic child
47-67 support payment established by the child support guidelines in
47-68 effect in this state at the time of the hearing is presumed to be
47-69 reasonable, and an order of support conforming to the guidelines is
47-70 presumed to be in the best interest of the child.
48-1 (b) A court may determine that the application of the
48-2 guidelines would be unjust or inappropriate under the
48-3 circumstances.
48-4 Sec. 154.123. ADDITIONAL FACTORS FOR COURT TO CONSIDER.
48-5 (a) The court may order periodic child support payments in an
48-6 amount other than that established by the guidelines if the
48-7 evidence rebuts the presumption that application of the guidelines
48-8 is in the best interest of the child and justifies a variance from
48-9 the guidelines.
48-10 (b) In determining whether application of the guidelines
48-11 would be unjust or inappropriate under the circumstances, the court
48-12 shall consider evidence of all relevant factors, including:
48-13 (1) the age and needs of the child;
48-14 (2) the ability of the parents to contribute to the
48-15 support of the child;
48-16 (3) any financial resources available for the support
48-17 of the child;
48-18 (4) the amount of time of possession of and access to
48-19 a child;
48-20 (5) the amount of the obligee's net resources,
48-21 including the earning potential of the obligee if the actual income
48-22 of the obligee is significantly less than what the obligee could
48-23 earn because the obligee is intentionally unemployed or
48-24 underemployed and including an increase or decrease in the income
48-25 of the obligee or income that may be attributed to the property and
48-26 assets of the obligee;
48-27 (6) child care expenses incurred by either party in
48-28 order to maintain gainful employment;
48-29 (7) whether either party has the managing
48-30 conservatorship or actual physical custody of another child;
48-31 (8) the amount of alimony or spousal maintenance
48-32 actually and currently being paid or received by a party;
48-33 (9) the expenses for a son or daughter for education
48-34 beyond secondary school;
48-35 (10) whether the obligor or obligee has an automobile,
48-36 housing, or other benefits furnished by his or her employer,
48-37 another person, or a business entity;
48-38 (11) the amount of other deductions from the wage or
48-39 salary income and from other compensation for personal services of
48-40 the parties;
48-41 (12) provision for health care insurance and payment
48-42 of uninsured medical expenses;
48-43 (13) special or extraordinary educational, health
48-44 care, or other expenses of the parties or of the child;
48-45 (14) the cost of travel in order to exercise
48-46 possession of and access to a child;
48-47 (15) positive or negative cash flow from any real and
48-48 personal property and assets, including a business and investments;
48-49 (16) debts or debt service assumed by either party;
48-50 and
48-51 (17) any other reason consistent with the best
48-52 interest of the child, taking into consideration the circumstances
48-53 of the parents.
48-54 Sec. 154.124. AGREEMENT CONCERNING SUPPORT. (a) To promote
48-55 the amicable settlement of disputes between the parties to a suit,
48-56 the parties may enter into a written agreement containing
48-57 provisions for support of the child and for modification of the
48-58 agreement, including variations from the child support guidelines
48-59 provided by Subchapter C.
48-60 (b) If the court finds that the agreement is in the child's
48-61 best interest, the court shall render an order in accordance with
48-62 the agreement.
48-63 (c) Terms of the agreement in the order may be enforced by
48-64 all remedies available for enforcement of a judgment, including
48-65 contempt, but are not enforceable as contract terms unless provided
48-66 by the agreement.
48-67 (d) If the court finds the agreement is not in the child's
48-68 best interest, the court may request the parties to submit a
48-69 revised agreement or the court may render an order for the support
48-70 of the child.
49-1 Sec. 154.125. APPLICATION OF GUIDELINES TO NET RESOURCES OF
49-2 $6,000 OR LESS. (a) The guidelines for the support of a child in
49-3 this section are specifically designed to apply to situations in
49-4 which the obligor's monthly net resources are $6,000 or less.
49-5 (b) If the obligor's monthly net resources are $6,000 or
49-6 less, the court shall presumptively apply the following schedule in
49-7 rendering the child support order:
49-8 CHILD SUPPORT GUIDELINES
49-9 BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR
49-10 1 child 20% of Obligor's Net Resources
49-11 2 children 25% of Obligor's Net Resources
49-12 3 children 30% of Obligor's Net Resources
49-13 4 children 35% of Obligor's Net Resources
49-14 5 children 40% of Obligor's Net Resources
49-15 6+ children Not less than the amount for 5 children
49-16 Sec. 154.126. APPLICATION OF GUIDELINES TO NET RESOURCES OF
49-17 MORE THAN $6,000 MONTHLY. (a) If the obligor's net resources
49-18 exceed $6,000 per month, the court shall presumptively apply the
49-19 percentage guidelines to the first $6,000 of the obligor's net
49-20 resources. Without further reference to the percentage recommended
49-21 by these guidelines, the court may order additional amounts of
49-22 child support as appropriate, depending on the income of the
49-23 parties and the proven needs of the child.
49-24 (b) The proper calculation of a child support order that
49-25 exceeds the presumptive amount established for the first $6,000 of
49-26 the obligor's net resources requires that the entire amount of the
49-27 presumptive award be subtracted from the proven total needs of the
49-28 child. After the presumptive award is subtracted, the court shall
49-29 allocate between the parties the responsibility to meet the
49-30 additional needs of the child according to the circumstances of the
49-31 parties. However, in no event may the obligor be required to pay
49-32 more child support than the greater of the presumptive amount or
49-33 the amount equal to 100 percent of the proven needs of the child.
49-34 Sec. 154.127. PARTIAL TERMINATION OF SUPPORT OBLIGATION. A
49-35 child support order for more than one child shall provide that, on
49-36 the termination of support for a child, the level of support for
49-37 the remaining child or children is in accordance with the child
49-38 support guidelines.
49-39 Sec. 154.128. COMPUTING SUPPORT FOR CHILDREN IN MORE THAN
49-40 ONE HOUSEHOLD. (a) In applying the child support guidelines for
49-41 an obligor who has children in more than one household, the court
49-42 shall apply the percentage guidelines in this subchapter by making
49-43 the following computation:
49-44 (1) determine the amount of child support that would
49-45 be ordered if all children whom the obligor has the legal duty to
49-46 support lived in one household by applying the schedule in this
49-47 subchapter;
49-48 (2) compute a child support credit for the obligor's
49-49 children who are not before the court by dividing the amount
49-50 determined under Subdivision (1) by the total number of children
49-51 whom the obligor is obligated to support and multiplying that
49-52 number by the number of the obligor's children who are not before
49-53 the court;
49-54 (3) determine the adjusted net resources of the
49-55 obligor by subtracting the child support credit computed under
49-56 Subdivision (2) from the net resources of the obligor; and
49-57 (4) determine the child support amount for the
49-58 children before the court by applying the percentage guidelines for
49-59 one household for the number of children of the obligor before the
49-60 court to the obligor's adjusted net resources.
49-61 (b) For the purpose of determining a child support credit,
49-62 the total number of an obligor's children includes the children
49-63 before the court for the establishment or modification of a support
49-64 order and any other children, including children residing with the
49-65 obligor, whom the obligor has the legal duty of support.
49-66 (c) The child support credit with respect to children for
49-67 whom the obligor is obligated by an order to pay support is
49-68 computed, regardless of whether the obligor is delinquent in child
49-69 support payments, without regard to the amount of the order.
49-70 Sec. 154.129. ALTERNATIVE METHOD OF COMPUTING SUPPORT FOR
50-1 CHILDREN IN MORE THAN ONE HOUSEHOLD. In lieu of performing the
50-2 computation under the preceding section, the court may determine
50-3 the child support amount for the children before the court by
50-4 applying the percentages in the table below to the obligor's net
50-5 resources:
50-6 MULTIPLE FAMILY ADJUSTED GUIDELINES
50-7 (% OF NET RESOURCES)
50-8 Number of children before the court
50-9 1 2 3 4 5 6 7
50-10 Number of 0 20.00 25.00 30.00 35.00 40.00 40.00 40.00
50-11 other 1 17.50 22.50 27.38 32.20 37.33 37.71 38.00
50-12 children for 2 16.00 20.63 25.20 30.33 35.43 36.00 36.44
50-13 whom the 3 14.75 19.00 24.00 29.00 34.00 34.67 35.20
50-14 obligor 4 13.60 18.33 23.14 28.00 32.89 33.60 34.18
50-15 has a 5 13.33 17.86 22.50 27.22 32.00 32.73 33.33
50-16 duty of 6 13.14 17.50 22.00 26.60 31.27 32.00 32.62
50-17 support 7 13.00 17.22 21.60 26.09 30.67 31.38 32.00
50-18 Sec. 154.130. FINDINGS IN CHILD SUPPORT ORDER. (a) Without
50-19 regard to Rules 296 through 299, Texas Rules of Civil Procedure, in
50-20 rendering an order of child support, the court shall make the
50-21 findings required by Subsection (b) if:
50-22 (1) a party files a written request with the court not
50-23 later than 10 days after the date of the hearing;
50-24 (2) a party makes an oral request in open court during
50-25 the hearing; or
50-26 (3) the amount of child support ordered by the court
50-27 varies from the amount computed by applying the percentage
50-28 guidelines.
50-29 (b) If findings are required by this section, the court
50-30 shall state whether the application of the guidelines would be
50-31 unjust or inappropriate and shall state the following in the child
50-32 support order:
50-33 "(1) the monthly net resources of the obligor per
50-34 month are $______;
50-35 "(2) the monthly net resources of the obligee per
50-36 month are $______;
50-37 "(3) the percentage applied to the obligor's net
50-38 resources for child support by the actual order rendered by the
50-39 court is ______%;
50-40 "(4) the amount of child support if the percentage
50-41 guidelines are applied to the first $6,000 of the obligor's net
50-42 resources is $______;
50-43 "(5) if applicable, the specific reasons that the
50-44 amount of child support per month ordered by the court varies from
50-45 the amount stated in Subdivision (4) are: ______; and
50-46 "(6) if applicable, the obligor is obligated to
50-47 support children in more than one household, and:
50-48 "(A) the number of children before the court is
50-49 ______;
50-50 "(B) the number of children not before the court
50-51 residing in the same household with the obligor is ______; and
50-52 "(C) the number of children not before the court
50-53 for whom the obligor is obligated by a court order to pay support,
50-54 without regard to whether the obligor is delinquent in child
50-55 support payments, and who are not counted under Paragraph (A) or
50-56 (B) is ______."
50-57 Sec. 154.131. APPLICATION OF GUIDELINES TO RETROACTIVE
50-58 SUPPORT. (a) The child support guidelines are intended to guide
50-59 the court in determining the amount of retroactive child support,
50-60 if any, to be ordered.
50-61 (b) In ordering retroactive child support, the court shall
50-62 consider the net resources of the obligor during the relevant time
50-63 period and whether:
50-64 (1) the mother of the child had made any previous
50-65 attempts to notify the biological father of his paternity or
50-66 probable paternity;
50-67 (2) the biological father had knowledge of his
50-68 paternity or probable paternity;
50-69 (3) the order of retroactive child support will impose
50-70 an undue financial hardship on the obligor or the obligor's family;
51-1 and
51-2 (4) the obligor has provided actual support or other
51-3 necessaries before the filing of the action.
51-4 (Sections 154.132-154.180 reserved for expansion)
51-5 SUBCHAPTER D. MEDICAL SUPPORT FOR CHILD
51-6 Sec. 154.181. MEDICAL SUPPORT ORDER. In a suit affecting the
51-7 parent-child relationship or in a proceeding under Chapter 159, the
51-8 court shall render an order for the medical support of the child.
51-9 Sec. 154.182. HEALTH INSURANCE. (a) The court shall
51-10 consider the cost and quality of health insurance coverage
51-11 available to the parties and shall give priority to health
51-12 insurance coverage available through the employment of one of the
51-13 parties.
51-14 (b) In determining the manner in which health insurance for
51-15 the child is to be ordered, the court shall render its order in
51-16 accordance with the following priorities, unless a party shows good
51-17 cause why a particular order would not be in the best interest of
51-18 the child:
51-19 (1) if health insurance is available for the child
51-20 through the obligor's employment or membership in a union, trade
51-21 association, or other organization, the court shall order the
51-22 obligor to include the child in the obligor's health insurance;
51-23 (2) if health insurance is not available for the child
51-24 through the obligor's employment but is available for the child
51-25 through the obligee's employment or membership in a union, trade
51-26 association, or other organization, the court may order the obligee
51-27 to provide health insurance for the child, and, in such event,
51-28 shall order the obligor to pay additional child support to be
51-29 withheld from earnings under Chapter 158 to the obligee for the
51-30 actual cost of the health insurance for the child; or
51-31 (3) if health insurance is not available for the child
51-32 under Subdivision (1) or (2), the court shall order the obligor to
51-33 provide health insurance for the child if the court finds that
51-34 health insurance is available for the child from another source and
51-35 that the obligor is financially able to provide it.
51-36 Sec. 154.183. HEALTH INSURANCE ADDITIONAL SUPPORT DUTY OF
51-37 OBLIGOR. (a) An amount that an obligor is required to pay for
51-38 health insurance for the child:
51-39 (1) is in addition to the amount that the obligor is
51-40 required to pay for child support under the guidelines for child
51-41 support;
51-42 (2) is a child support obligation; and
51-43 (3) may be enforced as a child support obligation.
51-44 (b) If the court finds and states in the child support order
51-45 that the obligee will maintain health insurance coverage for the
51-46 child at the obligee's expense, the court may increase the amount
51-47 of child support to be paid by the obligor in an amount not
51-48 exceeding the total expense to the obligee for maintaining health
51-49 insurance coverage.
51-50 (c) As additional child support, the court shall allocate
51-51 between the parties, according to their circumstances, the
51-52 reasonable and necessary health care expenses of a child that are
51-53 not reimbursed by health insurance.
51-54 Sec. 154.184. EFFECT OF ORDER. (a) For purposes of
51-55 enrolling a child in a health insurance program under this
51-56 subchapter, a medical support order requiring that health insurance
51-57 be provided for a child shall be considered a change in the family
51-58 circumstances of the covered person equivalent to the birth or
51-59 adoption of a child by the covered person.
51-60 (b) On receipt of the order by the employer, the child shall
51-61 be automatically enrolled for the first 31 days after the receipt
51-62 of the order by the employer on the same terms and conditions as
51-63 apply to a dependent child.
51-64 (c) On receipt of the order by the employer, the employer
51-65 shall notify the insurer of the automatic enrollment.
51-66 (d) During the 31-day period, the policyholder shall apply
51-67 for coverage for the child in accordance with the medical support
51-68 order.
51-69 Sec. 154.185. PARENT TO FURNISH INFORMATION. (a) The court
51-70 shall order a parent providing health insurance to furnish to
52-1 either the obligee, obligor, local domestic relations office, or
52-2 Title IV-D agency the following information not later than the 30th
52-3 day after the date the notice of rendition of the order is
52-4 received:
52-5 (1) the social security number of the parent;
52-6 (2) the name and address of the parent's employer;
52-7 (3) whether the employer is self-insured or has health
52-8 insurance available;
52-9 (4) proof that health insurance has been provided for
52-10 the child;
52-11 (5) if the employer has health insurance available,
52-12 the name of the health insurance carrier, the number of the policy,
52-13 a copy of the policy and schedule of benefits, a health insurance
52-14 membership card, claim forms, and any other information necessary
52-15 to submit a claim; and
52-16 (6) if the employer is self-insured, a copy of the
52-17 schedule of benefits, a membership card, claim forms, and any other
52-18 information necessary to submit a claim.
52-19 (b) The court shall also order a parent providing health
52-20 insurance to furnish the obligor, obligee, local domestic relations
52-21 office, or Title IV-D agency with additional information regarding
52-22 health insurance coverage not later than the 15th day after the
52-23 date the information is received by the parent.
52-24 Sec. 154.186. NOTICE TO EMPLOYER. The obligee, obligor,
52-25 local domestic relations office, or Title IV-D agency may send a
52-26 certified copy of the order requiring an employee to provide health
52-27 insurance coverage for the child to the employer by certified mail,
52-28 return receipt requested. The order is binding on the employer on
52-29 receipt.
52-30 Sec. 154.187. DUTIES OF EMPLOYER. (a) On receipt of an
52-31 order directing that health insurance coverage be extended to a
52-32 child of an employee, an employer shall immediately enroll the
52-33 child in a health insurance plan available to the employee. If the
52-34 employer is not able to immediately enroll the child, the employer
52-35 shall enroll the child at the next available enrollment period as a
52-36 dependent of the employee. If dependent coverage is not available
52-37 to the employee through the employer's health insurance plan, the
52-38 employer is responsible for providing notice of this fact but is
52-39 not responsible or otherwise liable for providing such coverage.
52-40 (b) If additional premiums are incurred as a result of
52-41 adding the child to the health insurance plan, the employer shall
52-42 deduct the health insurance premium from the earnings of the
52-43 employee in accordance with Chapter 158 and apply the amount
52-44 withheld to payment of the insurance premium.
52-45 (c) An employer who has received an order under this
52-46 subchapter shall provide to the sender, by first class mail not
52-47 later than the 30th day after the date the employer receives the
52-48 order, a statement that the child:
52-49 (1) has been enrolled in a health insurance plan;
52-50 (2) will be enrolled in a health insurance plan at the
52-51 next available enrollment period and provide the expected date of
52-52 such enrollment; or
52-53 (3) cannot be enrolled in a health insurance plan and
52-54 provide the reason why coverage cannot be provided.
52-55 (d) If the employee ceases employment or if the health
52-56 insurance coverage lapses, the employer shall provide to the
52-57 sender, by first class mail not later than the 15th day after the
52-58 date of the termination of employment or the lapse of the coverage,
52-59 notice of conversion privileges, if any.
52-60 (e) On request, the employer shall release to the sender
52-61 information concerning the available health insurance coverage,
52-62 including the name of the health insurance carrier, the policy
52-63 number, a copy of the policy and schedule of benefits, a health
52-64 insurance membership card, and claim forms.
52-65 (f) In this section, "sender" means the person sending the
52-66 order under Section 154.186.
52-67 Sec. 154.188. FAILURE TO PROVIDE REQUIRED HEALTH INSURANCE.
52-68 A parent ordered to provide health insurance who fails to do so is
52-69 liable for necessary medical expenses of the child, without regard
52-70 to whether the expenses would have been paid if health insurance
53-1 had been provided.
53-2 Sec. 154.189. NOTICE OF TERMINATION OR LAPSE OF INSURANCE
53-3 COVERAGE. An obligor ordered to provide health insurance coverage
53-4 for a child must notify the obligee of the:
53-5 (1) termination or lapse of health insurance coverage
53-6 for the child not later than the 15th day after the date of a
53-7 termination or lapse; and
53-8 (2) availability of additional health insurance to the
53-9 obligor for the child after a termination or lapse of coverage not
53-10 later than the 15th day after the date the insurance becomes
53-11 available.
53-12 Sec. 154.190. REENROLLING CHILD FOR INSURANCE COVERAGE.
53-13 After health insurance has been terminated or has lapsed, an
53-14 obligor ordered to provide health insurance coverage for the child
53-15 must enroll the child in a health insurance plan at the next
53-16 available enrollment period.
53-17 Sec. 154.191. REMEDY NOT EXCLUSIVE. (a) This subchapter
53-18 does not limit the rights of the obligor, obligee, local domestic
53-19 relations office, or Title IV-D agency to enforce, modify, or
53-20 clarify the medical support order.
53-21 (b) This subchapter does not limit the authority of the
53-22 court to render or modify a medical support order containing a
53-23 provision for payment of uninsured health expenses, health care
53-24 costs, or health insurance premiums that are in addition to and
53-25 inconsistent with this subchapter.
53-26 Sec. 154.192. HEALTH MAINTENANCE ORGANIZATION. This
53-27 subchapter does not require a health maintenance organization to
53-28 provide coverage to a child who resides outside the geographic
53-29 service area.
53-30 (Sections 154.193-154.240 reserved for expansion)
53-31 SUBCHAPTER E. LOCAL CHILD SUPPORT REGISTRY
53-32 Sec. 154.241. LOCAL REGISTRY. (a) A local registry shall
53-33 receive a court-ordered child support payment or a payment
53-34 otherwise authorized by law and shall forward the payment, as
53-35 appropriate, to the Title IV-D agency, local domestic relations
53-36 office, or obligee within two working days after the date the local
53-37 registry receives the payment.
53-38 (b) A local registry may not require an obligor, obligee, or
53-39 other party or entity to furnish a certified copy of a court order
53-40 as a condition of processing child support payments and shall
53-41 accept as sufficient authority to process the payments a photocopy,
53-42 facsimile copy, or conformed copy of the court's order.
53-43 (c) A local registry shall include with each payment it
53-44 forwards to the Title IV-D agency the date it received the payment
53-45 and the withholding date furnished by the employer.
53-46 (d) A local registry shall accept child support payments
53-47 made by personal check, money order, or cashier's check. A local
53-48 registry may refuse payment by personal check if a pattern of abuse
53-49 regarding the use of personal checks has been established. Abuse
53-50 includes checks drawn on insufficient funds, abusive or offensive
53-51 language written on the check, intentional mutilation of the
53-52 instrument, or other actions that delay or disrupt the registry's
53-53 operation.
53-54 Sec. 154.242. PAYMENT OR TRANSFER OF CHILD SUPPORT PAYMENTS
53-55 BY ELECTRONIC FUNDS TRANSFER. (a) A child support payment may be
53-56 made by electronic funds transfer to the Title IV-D agency or a
53-57 local registry if the registry agrees to accept electronic payment.
53-58 (b) A local registry may transmit child support payments to
53-59 the Title IV-D agency by electronic funds transfer if the Title
53-60 IV-D agency agrees to accept electronic payment.
53-61 Sec. 154.243. PRODUCTION OF CHILD SUPPORT PAYMENT RECORD.
53-62 The Title IV-D agency or a local registry may comply with a
53-63 subpoena or other order directing the production of a child support
53-64 payment record by sending a certified copy of the record to the
53-65 court that directed production of the record.
53-66 (Sections 154.244-154.300 reserved for expansion)
53-67 SUBCHAPTER F. SUPPORT FOR A MINOR OR ADULT DISABLED CHILD
53-68 Sec. 154.301. DEFINITIONS. In this subchapter:
53-69 (1) "Adult child" means a child 18 years of age or
53-70 older.
54-1 (2) "Child" means a son or daughter of any age.
54-2 Sec. 154.302. COURT-ORDERED SUPPORT FOR DISABLED CHILD. The
54-3 court may order either or both parents to provide for the support
54-4 of a child for an indefinite period and may determine the rights
54-5 and duties of the parents if the court finds that:
54-6 (1) the child, whether institutionalized or not,
54-7 requires substantial care and personal supervision because of a
54-8 mental or physical disability and will not be capable of
54-9 self-support; and
54-10 (2) the disability exists, or the cause of the
54-11 disability is known to exist, on or before the 18th birthday of the
54-12 child.
54-13 Sec. 154.303. ONLY A PARENT HAS STANDING TO SUE. (a) A
54-14 suit provided by this subchapter may be filed only by a parent of
54-15 the child.
54-16 (b) The parent may not transfer or assign the cause of
54-17 action to any person, including a governmental or private entity or
54-18 agency, except for an assignment made to the Title IV-D agency.
54-19 Sec. 154.304. GENERAL PROCEDURE. Except as otherwise
54-20 provided by this subchapter, the substantive and procedural rights
54-21 and remedies in a suit affecting the parent-child relationship
54-22 relating to the establishment, modification, or enforcement of a
54-23 child support order apply to a suit filed and an order rendered
54-24 under this subchapter.
54-25 Sec. 154.305. SPECIFIC PROCEDURES. (a) A suit under this
54-26 subchapter may be filed:
54-27 (1) regardless of the age of the child; and
54-28 (2) as an independent cause of action or joined with
54-29 any other claim or remedy provided by this code.
54-30 (b) If no court has continuing, exclusive jurisdiction of
54-31 the child, an action under this subchapter may be filed as an
54-32 original suit affecting the parent-child relationship.
54-33 (c) If there is a court of continuing, exclusive
54-34 jurisdiction, an action under this subchapter may be filed as a
54-35 suit for modification as provided by Chapter 156.
54-36 Sec. 154.306. AMOUNT OF SUPPORT AFTER AGE 18. In
54-37 determining the amount of support to be paid after a child's 18th
54-38 birthday, the specific terms and conditions of that support, and
54-39 the rights and duties of both parents with respect to the support
54-40 of the child, the court shall determine and give special
54-41 consideration to:
54-42 (1) any existing or future needs of the adult child
54-43 directly related to the adult child's mental or physical disability
54-44 and the substantial care and personal supervision directly required
54-45 by or related to that disability;
54-46 (2) whether the parent pays for or will pay for the
54-47 care or supervision of the adult child or provides or will provide
54-48 substantial care or personal supervision of the adult child;
54-49 (3) the financial resources available to both parents
54-50 for the support, care, and supervision of the adult child; and
54-51 (4) any other financial resources or other resources
54-52 or programs available for the support, care, and supervision of the
54-53 adult child.
54-54 Sec. 154.307. MODIFICATION AND ENFORCEMENT. An order
54-55 provided by this subchapter may contain provisions governing the
54-56 rights and duties of both parents with respect to the support of
54-57 the child and may be modified or enforced in the same manner as any
54-58 other order provided by this title.
54-59 Sec. 154.308. REMEDY NOT EXCLUSIVE. (a) This subchapter
54-60 does not affect a parent's:
54-61 (1) cause of action for the support of a disabled
54-62 child under any other law; or
54-63 (2) ability to contract for the support of a disabled
54-64 child.
54-65 (b) This subchapter does not affect the substantive or
54-66 procedural rights or remedies of a person other than a parent,
54-67 including a governmental or private entity or agency, with respect
54-68 to the support of a disabled child under any other law.
54-69 CHAPTER 155. CONTINUING, EXCLUSIVE JURISDICTION; TRANSFER
54-70 SUBCHAPTER A. CONTINUING, EXCLUSIVE JURISDICTION
55-1 Sec. 155.001. Acquiring Continuing, Exclusive Jurisdiction.
55-2 (a) Except as otherwise provided by this section, a court acquires
55-3 continuing, exclusive jurisdiction over the matters provided for by
55-4 this subtitle in connection with a child on the rendition of a
55-5 final order.
55-6 (b) The following final orders do not create continuing,
55-7 exclusive jurisdiction in a court:
55-8 (1) a voluntary or involuntary dismissal of a suit
55-9 affecting the parent-child relationship;
55-10 (2) in a suit to determine parentage, a final order
55-11 finding that an alleged or presumed father is not the biological
55-12 father of the child, except that the jurisdiction of the court is
55-13 not affected if the child was subject to the jurisdiction of the
55-14 court or some other court in a suit affecting the parent-child
55-15 relationship before the commencement of the suit to determine
55-16 parentage; and
55-17 (3) a final order of adoption, after which a
55-18 subsequent suit affecting the child must be commenced as though the
55-19 child had not been the subject of a suit for adoption or any other
55-20 suit affecting the parent-child relationship before the adoption.
55-21 (c) If a court of this state has acquired continuing,
55-22 exclusive jurisdiction, no other court of this state has
55-23 jurisdiction of a suit with regard to that child except as provided
55-24 by this chapter or Chapter 262.
55-25 (d) Unless a final order has been rendered by a court of
55-26 continuing, exclusive jurisdiction, a subsequent suit shall be
55-27 commenced as an original proceeding.
55-28 Sec. 155.002. RETAINING CONTINUING, EXCLUSIVE JURISDICTION.
55-29 Except as otherwise provided by this subchapter, a court with
55-30 continuing, exclusive jurisdiction retains jurisdiction of the
55-31 parties and matters provided by this subtitle.
55-32 Sec. 155.003. EXERCISE OF CONTINUING, EXCLUSIVE
55-33 JURISDICTION. (a) Except as otherwise provided by this section, a
55-34 court with continuing, exclusive jurisdiction may exercise its
55-35 jurisdiction to modify its order regarding managing
55-36 conservatorship, possessory conservatorship, possession of and
55-37 access to the child, and support of the child.
55-38 (b) A court of this state may not exercise its continuing,
55-39 exclusive jurisdiction to modify managing conservatorship if:
55-40 (1) the child's home state is other than this state;
55-41 or
55-42 (2) modification is precluded by Chapter 152.
55-43 (c) A court of this state may not exercise its continuing,
55-44 exclusive jurisdiction to modify possessory conservatorship or
55-45 possession of or access to a child if:
55-46 (1) the child's home state is other than this state
55-47 and all parties have established and continue to maintain their
55-48 principal residence outside this state; or
55-49 (2) each individual party has filed written consent
55-50 with the tribunal of this state for a tribunal of another state to
55-51 modify the order and assume continuing, exclusive jurisdiction of
55-52 the suit.
55-53 (d) A court of this state may not exercise its continuing,
55-54 exclusive jurisdiction to modify its child support order if
55-55 modification is precluded by Chapter 159.
55-56 Sec. 155.004. LOSS OF CONTINUING, EXCLUSIVE JURISDICTION.
55-57 (a) A court of this state loses its continuing, exclusive
55-58 jurisdiction to modify its order if:
55-59 (1) an order of adoption is rendered after the court
55-60 acquires continuing, exclusive jurisdiction of the suit;
55-61 (2) the parents of the child have remarried each other
55-62 after the dissolution of a previous marriage between them and file
55-63 a suit for the dissolution of their subsequent marriage combined
55-64 with a suit affecting the parent-child relationship as if there had
55-65 not been a prior court with continuing, exclusive jurisdiction over
55-66 the child; or
55-67 (3) another court assumed jurisdiction over a suit and
55-68 rendered a final order based on incorrect information received from
55-69 the Department of Protective and Regulatory Services that there was
55-70 no court of continuing, exclusive jurisdiction.
56-1 (b) This section does not affect the power of the court to
56-2 enforce its order for a violation that occurred before the time
56-3 continuing, exclusive jurisdiction was lost under this section.
56-4 Sec. 155.005. JURISDICTION PENDING TRANSFER. (a) During
56-5 the transfer of a suit from a court with continuing, exclusive
56-6 jurisdiction, the transferring court retains jurisdiction to render
56-7 temporary orders.
56-8 (b) The jurisdiction of the transferring court terminates on
56-9 the docketing of the case in the transferee court.
56-10 (Sections 155.006-155.100 reserved for expansion)
56-11 SUBCHAPTER B. IDENTIFICATION OF COURT OF CONTINUING,
56-12 EXCLUSIVE JURISDICTION
56-13 Sec. 155.101. REQUEST FOR IDENTIFICATION OF COURT OF
56-14 CONTINUING, EXCLUSIVE JURISDICTION. (a) The petitioner or the
56-15 court shall request from the Department of Protective and
56-16 Regulatory Services identification of the court that last had
56-17 continuing, exclusive jurisdiction of the child in a suit unless:
56-18 (1) the petition alleges that no court has continuing,
56-19 exclusive jurisdiction of the child and the issue is not disputed
56-20 by the pleadings; or
56-21 (2) the petition alleges that the court in which the
56-22 suit, petition for further remedy, or petition to modify has been
56-23 filed has acquired and retains continuing, exclusive jurisdiction
56-24 of the child as the result of a prior proceeding and the issue is
56-25 not disputed by the pleadings.
56-26 (b) The department shall, on the written request of the
56-27 court, an attorney, or a party:
56-28 (1) identify the court that last had continuing,
56-29 exclusive jurisdiction of the child in a suit and give the docket
56-30 number of the suit; or
56-31 (2) state that the child has not been the subject of a
56-32 suit.
56-33 (c) The child shall be identified in the request by name,
56-34 birthdate, and place of birth.
56-35 (d) The department shall transmit the information not later
56-36 than the 10th day after the date on which the request is received.
56-37 Sec. 155.102. DISMISSAL. If a court in which a suit is
56-38 filed determines that another court has continuing, exclusive
56-39 jurisdiction of the child, the court in which the suit is filed
56-40 shall dismiss the suit without prejudice.
56-41 Sec. 155.103. RELIANCE ON DEPARTMENT INFORMATION. (a) A
56-42 court shall have jurisdiction over a suit if it has been, correctly
56-43 or incorrectly, informed by the Department of Protective and
56-44 Regulatory Services that the child has not been the subject of a
56-45 suit and the petition states that no other court has continuing,
56-46 exclusive jurisdiction over the child.
56-47 (b) If the department notifies the court that the department
56-48 has furnished incorrect information regarding the existence of
56-49 another court with continuing, exclusive jurisdiction before the
56-50 rendition of a final order, the provisions of this chapter apply.
56-51 Sec. 155.104. VOIDABLE ORDER. (a) If a request for
56-52 information from the Department of Protective and Regulatory
56-53 Services relating to the identity of the court having continuing,
56-54 exclusive jurisdiction of the child has been made under this
56-55 subchapter, a final order, except an order of dismissal, may not be
56-56 rendered until the information is filed with the court.
56-57 (b) If a final order is rendered in the absence of the
56-58 filing of the information from the department, the order is
56-59 voidable on a showing that a court other than the court that
56-60 rendered the order had continuing, exclusive jurisdiction.
56-61 (Sections 155.105-155.200 reserved for expansion)
56-62 SUBCHAPTER C. TRANSFER OF CONTINUING, EXCLUSIVE JURISDICTION
56-63 Sec. 155.201. MANDATORY TRANSFER. (a) On a showing that a
56-64 suit for dissolution of the marriage of the child's parents has
56-65 been filed in another court, the court having continuing, exclusive
56-66 jurisdiction of a suit affecting the parent-child relationship
56-67 shall transfer the proceedings to the court in which the
56-68 dissolution of the marriage is pending.
56-69 (b) If a suit to modify or a motion to enforce an order is
56-70 filed in the court having continuing, exclusive jurisdiction of a
57-1 suit, on the timely motion of a party the court shall transfer the
57-2 proceeding to another county in this state if the child has resided
57-3 in the other county for six months or longer.
57-4 Sec. 155.202. DISCRETIONARY TRANSFER. (a) If the basis of
57-5 a motion to transfer a proceeding under this subchapter is that the
57-6 child resides in another county, the court may deny the motion if
57-7 it is shown that the child has resided in that county for less than
57-8 six months at the time the proceeding is commenced.
57-9 (b) For the convenience of the parties and witnesses and in
57-10 the interest of justice, the court, on the timely motion of a
57-11 party, may transfer the proceeding to a proper court in another
57-12 county in the state.
57-13 Sec. 155.203. DETERMINING COUNTY OF CHILD'S RESIDENCE. In
57-14 computing the time during which the child has resided in a county,
57-15 the court may not require that the period of residence be
57-16 continuous and uninterrupted but shall look to the child's
57-17 principal residence during the six-month period preceding the
57-18 commencement of the suit.
57-19 Sec. 155.204. PROCEDURE FOR TRANSFER. (a) A motion to
57-20 transfer by a petitioner or movant is timely if it is made at the
57-21 time the initial pleadings are filed. A motion to transfer by
57-22 another party is timely if it is made on or before the first Monday
57-23 after the 20th day after the date of service of citation or notice
57-24 of the suit or before the commencement of the hearing, whichever is
57-25 sooner. If a timely motion to transfer has been filed and no
57-26 controverting affidavit is filed within the period allowed for its
57-27 filing, the proceeding shall be transferred promptly without a
57-28 hearing to the proper court.
57-29 (b) On or before the first Monday after the 20th day after
57-30 the date of notice of a motion to transfer is served, a party
57-31 desiring to contest the motion must file a controverting affidavit
57-32 denying that grounds for the transfer exist.
57-33 (c) If a controverting affidavit contesting the motion to
57-34 transfer is filed, each party is entitled to notice not less than
57-35 10 days before the date of the hearing on the motion to transfer.
57-36 (d) Only evidence pertaining to the transfer may be taken at
57-37 the hearing.
57-38 (e) An order transferring or refusing to transfer the
57-39 proceeding is not subject to interlocutory appeal.
57-40 Sec. 155.205. TRANSFER OF CHILD SUPPORT REGISTRY. (a) On
57-41 rendition of an order transferring continuing, exclusive
57-42 jurisdiction to another court, the transferring court shall also
57-43 order that all future payments of child support be made to the
57-44 local registry of the transferee court.
57-45 (b) The transferring court's local registry shall continue
57-46 to receive, record, and disburse child support payments to the
57-47 payee until it receives notice that the transferred case has been
57-48 docketed by the transferee court.
57-49 (c) After receiving notice of docketing from the transferee
57-50 court, the transferring court's local registry shall send a
57-51 certified copy of the child support payment record to the clerk of
57-52 the transferee court and shall forward any payments received to the
57-53 transferee court's local registry.
57-54 Sec. 155.206. EFFECT OF TRANSFER. (a) A court to which a
57-55 transfer is made becomes the court of continuing, exclusive
57-56 jurisdiction and all proceedings in the suit are continued as if it
57-57 were brought there originally.
57-58 (b) A judgment or order transferred has the same effect and
57-59 shall be enforced as if originally rendered in the transferee
57-60 court.
57-61 (c) The transferee court shall enforce a judgment or order
57-62 of the transferring court by contempt or by any other means by
57-63 which the transferring court could have enforced its judgment or
57-64 order. The transferee court shall have the power to punish
57-65 disobedience of the transferring court's order, whether occurring
57-66 before or after the transfer, by contempt.
57-67 (d) After the transfer, the transferring court does not
57-68 retain jurisdiction of the child who is the subject of the suit,
57-69 nor does it have jurisdiction to enforce its order for a violation
57-70 occurring before or after the transfer of jurisdiction.
58-1 Sec. 155.207. TRANSFER OF COURT FILES. (a) On rendition of
58-2 an order of transfer, the clerk of the court transferring a
58-3 proceeding shall send to the proper court in the county to which
58-4 transfer is being made:
58-5 (1) the complete files in all matters affecting the
58-6 child;
58-7 (2) certified copies of all entries in the minutes;
58-8 (3) a certified copy of any order of dissolution of
58-9 marriage rendered in a suit joined with the suit affecting the
58-10 parent-child relationship; and
58-11 (4) a certified copy of each order rendered.
58-12 (b) The clerk of the transferring court shall keep a copy of
58-13 the transferred files. If the transferring court retains
58-14 jurisdiction of another child who was the subject of the suit, the
58-15 clerk shall send a copy of the complete files to the court to which
58-16 the transfer is made and shall keep the original files.
58-17 (c) On receipt of the files, documents, and orders from the
58-18 transferring court, the clerk of the transferee court shall docket
58-19 the suit and shall notify all parties, the clerk of the
58-20 transferring court, and the transferring court's local registry
58-21 that the suit has been docketed.
58-22 (d) The clerk of the transferring court shall send a
58-23 certified copy of the order directing payments to the transferee
58-24 court, to any party or employer affected by that order, and to the
58-25 local registry of the transferee court.
58-26 (Sections 155.208-155.300 reserved for expansion)
58-27 SUBCHAPTER D. TRANSFER OF PROCEEDINGS WITHIN THE STATE
58-28 WHEN PARTY OR CHILD RESIDES OUTSIDE THE STATE
58-29 Sec. 155.301. AUTHORITY TO TRANSFER. (a) A court of this
58-30 state with continuing, exclusive jurisdiction over a suit or an
58-31 action for child support under Chapter 159 shall transfer the
58-32 proceeding to the county of residence of the resident party if one
58-33 party is a resident of this state and all other parties including
58-34 the child or all of the children affected by the proceedings reside
58-35 outside this state.
58-36 (b) If one or more of the parties affected by the
58-37 proceedings reside outside the state and if more than one party or
58-38 one or more children affected by the proceeding reside in this
58-39 state in different counties, the court shall transfer the
58-40 proceeding according to the following priorities:
58-41 (1) to the court of continuing, exclusive
58-42 jurisdiction, if any;
58-43 (2) to the county of residence of the child, if
58-44 applicable, provided that:
58-45 (A) Subdivision (1) is inapplicable; or
58-46 (B) the court of continuing, exclusive
58-47 jurisdiction finds that neither a party nor a child affected by the
58-48 proceeding resides in the county of the court of continuing,
58-49 exclusive jurisdiction; or
58-50 (3) if Subdivisions (1) and (2) are inapplicable, to
58-51 the county most appropriate to serve the convenience of the
58-52 resident parties, the witnesses, and the interest of justice.
58-53 (c) If a transfer of continuing, exclusive jurisdiction is
58-54 sought under this section, the procedures for determining and
58-55 effecting a transfer of proceedings provided by this chapter apply.
58-56 CHAPTER 156. MODIFICATION
58-57 SUBCHAPTER A. GENERAL PROVISIONS
58-58 Sec. 156.001. ORDERS SUBJECT TO MODIFICATION. A court with
58-59 continuing, exclusive jurisdiction may modify an order that
58-60 provides for the conservatorship, support, or possession of and
58-61 access to a child.
58-62 Sec. 156.002. WHO CAN FILE. (a) A party affected by an
58-63 order may file a suit for modification in the court with
58-64 continuing, exclusive jurisdiction.
58-65 (b) A person or entity who, at the time of filing, has
58-66 standing to sue under Chapter 102 may file a suit for modification
58-67 in the court with continuing, exclusive jurisdiction.
58-68 Sec. 156.003. NOTICE. A party whose rights, privileges,
58-69 duties, or powers may be affected by a suit for modification is
58-70 entitled to receive notice by service of citation.
59-1 Sec. 156.004. PROCEDURE. The Texas Rules of Civil Procedure
59-2 applicable to the filing of an original lawsuit apply to a suit for
59-3 modification under this chapter.
59-4 Sec. 156.005. FRIVOLOUS FILING OF SUIT FOR MODIFICATION. If
59-5 the court finds that a suit for modification is filed frivolously
59-6 or is designed to harass a party, the court shall tax attorney's
59-7 fees as costs against the offending party.
59-8 Sec. 156.006. TEMPORARY ORDERS. (a) Except as provided by
59-9 Subsection (b), the court may render a temporary order in a suit
59-10 for modification.
59-11 (b) While a suit for modification is pending, the court may
59-12 not render a temporary order that has the effect of changing the
59-13 designation of a sole or joint managing conservator appointed in a
59-14 final order unless:
59-15 (1) the order is necessary because the child's present
59-16 living environment may endanger the child's physical health or
59-17 significantly impair the child's emotional development;
59-18 (2) the child's managing conservator has voluntarily
59-19 relinquished the actual care, control, and possession of the child
59-20 for more than six months and the temporary order is in the best
59-21 interest of the child; or
59-22 (3) the child is 12 years of age or older and has
59-23 filed with the court in writing the name of the person who is the
59-24 child's choice for managing conservator and the temporary order
59-25 naming that person as managing conservator is in the best interest
59-26 of the child.
59-27 (Sections 156.007-156.100 reserved for expansion)
59-28 SUBCHAPTER B. MODIFICATION OF SOLE MANAGING CONSERVATORSHIP
59-29 Sec. 156.101. GROUNDS FOR MODIFICATION OF SOLE MANAGING
59-30 CONSERVATORSHIP. The court may modify an order that designates a
59-31 sole managing conservator if:
59-32 (1) the circumstances of the child, sole managing
59-33 conservator, possessory conservator, or other party affected by the
59-34 order have materially and substantially changed since the date of
59-35 the rendition of the order;
59-36 (2) the retention of the present sole managing
59-37 conservator would be injurious to the welfare of the child; and
59-38 (3) the appointment of the new sole managing
59-39 conservator would be a positive improvement for the child.
59-40 Sec. 156.102. MODIFICATION OF SOLE MANAGING CONSERVATORSHIP
59-41 WITHIN ONE YEAR OF ORDER. (a) If a suit seeking to modify sole
59-42 managing conservatorship is filed not later than one year after the
59-43 date of rendition of the order, the person filing the suit shall
59-44 execute and attach an affidavit as provided by Subsection (b).
59-45 (b) The affidavit must contain, along with supporting facts,
59-46 at least one of the following allegations:
59-47 (1) that the child's present environment may endanger
59-48 the child's physical health or significantly impair the child's
59-49 emotional development;
59-50 (2) that the sole managing conservator is the person
59-51 seeking or consenting to the modification and the modification is
59-52 in the best interest of the child; or
59-53 (3) that the child's sole managing conservator has
59-54 voluntarily relinquished the actual care, control, and possession
59-55 of the child for not less than six months and the modification is
59-56 in the best interest of the child.
59-57 (c) The court shall deny the relief sought and refuse to
59-58 schedule a hearing for modification under this section unless the
59-59 court determines, on the basis of the affidavit, that facts
59-60 adequate to support an allegation listed in Subsection (b) are
59-61 stated in the affidavit. If the court determines that the facts
59-62 stated are adequate to support an allegation, the court shall set a
59-63 time and place for the hearing.
59-64 Sec. 156.103. VOLUNTARY RELINQUISHMENT. The court may
59-65 modify an order that designates a sole managing conservator if the
59-66 sole managing conservator has voluntarily relinquished actual care,
59-67 control, and possession of the child for a period of not less than
59-68 six months and the modification is in the best interest of the
59-69 child.
59-70 Sec. 156.104. MODIFICATION FROM SOLE MANAGING
60-1 CONSERVATORSHIP TO JOINT MANAGING CONSERVATORSHIP. (a) The court
60-2 may modify an order that designates a sole managing conservator if
60-3 a parent of the child requests appointment as a joint managing
60-4 conservator and the court finds that:
60-5 (1) the circumstances of the child or the sole
60-6 managing conservator have materially and substantially changed
60-7 since the rendition of the order;
60-8 (2) retention of a sole managing conservatorship would
60-9 be detrimental to the welfare of the child; and
60-10 (3) the appointment of the parent as a joint managing
60-11 conservator would be a positive improvement for and in the best
60-12 interest of the child.
60-13 (b) An order of joint conservatorship, in and of itself,
60-14 does not constitute grounds for modifying a support order.
60-15 Sec. 156.105. STATUTORY CHANGE OF CIRCUMSTANCE. (a) The
60-16 power of the court to order a joint managing conservatorship under
60-17 Chapter 153 is a material and substantial change of circumstances
60-18 sufficient to justify a modification of an existing sole managing
60-19 conservatorship to a joint managing conservatorship if the sole
60-20 managing conservatorship was ordered in a suit affecting the
60-21 parent-child relationship in which a final order was rendered on or
60-22 after September 1, 1987.
60-23 (b) The power of the court to order a joint managing
60-24 conservatorship is not a material and substantial change of
60-25 circumstances sufficient to justify a modification of an existing
60-26 sole managing conservatorship to a joint managing conservatorship
60-27 if the sole managing conservatorship was ordered in a suit
60-28 affecting the parent-child relationship in which a final order was
60-29 rendered before September 1, 1987.
60-30 (Sections 156.106-156.200 reserved for expansion)
60-31 SUBCHAPTER C. MODIFICATION OF JOINT MANAGING CONSERVATORSHIP
60-32 Sec. 156.201. WRITTEN AGREEMENT TO MODIFY JOINT MANAGING
60-33 CONSERVATORSHIP. The joint managing conservators may enter into a
60-34 written agreement to modify the terms and conditions of an existing
60-35 joint conservatorship order, and the court may modify the existing
60-36 order according to the agreement if the court finds that the
60-37 modification meets the standards for joint managing conservatorship
60-38 in Chapter 153.
60-39 Sec. 156.202. MODIFICATION OF TERMS AND CONDITIONS OF JOINT
60-40 MANAGING CONSERVATORSHIP. The court may modify the terms and
60-41 conditions of a joint conservatorship order if:
60-42 (1)(A) the circumstances of the child or of one or
60-43 both of the joint managing conservators have materially and
60-44 substantially changed since the rendition of the order; or
60-45 (B) the order has become unworkable or
60-46 inappropriate under existing circumstances; and
60-47 (2) a modification of the terms and conditions of the
60-48 order would be a positive improvement for and in the best interest
60-49 of the child.
60-50 Sec. 156.203. MODIFICATION FROM JOINT MANAGING
60-51 CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP. The court may
60-52 replace a joint managing conservatorship with a sole managing
60-53 conservatorship if:
60-54 (1)(A) the welfare of the child is a matter of
60-55 immediate and serious concern;
60-56 (B) there has been a substantial and unexcused
60-57 violation of the terms and conditions established in the existing
60-58 conservatorship order; or
60-59 (C) the circumstances of the child or of one or
60-60 both of the joint managing conservators have so materially and
60-61 substantially changed since the rendition of the order that it has
60-62 become unworkable or inappropriate under existing circumstances;
60-63 and
60-64 (2) the appointment of a sole managing conservator
60-65 would be a positive improvement for and in the best interest of the
60-66 child.
60-67 (Sections 156.204-156.300 reserved for expansion)
60-68 SUBCHAPTER D. MODIFICATION OF POSSESSION OF OR ACCESS TO CHILD
60-69 Sec. 156.301. GROUNDS FOR MODIFICATION OF POSSESSION AND
60-70 ACCESS. The court may modify an order that sets the terms and
61-1 conditions for possession of or access to a child or that
61-2 prescribes the relative rights, privileges, duties, and powers of
61-3 conservators if:
61-4 (1) the circumstances of the child or a person
61-5 affected by the order have materially and substantially changed
61-6 since the date of the rendition of the order;
61-7 (2) the order has become unworkable or inappropriate
61-8 under existing circumstances;
61-9 (3) the notice of change of a conservator's residence
61-10 required by Chapter 153 was not given or there was a change in a
61-11 conservator's residence to a place outside this state; or
61-12 (4) a conservator has repeatedly failed to give notice
61-13 of an inability to exercise possessory rights.
61-14 Sec. 156.302. EFFECT OF GUIDELINES. (a) The court may
61-15 consider the guidelines for possession of and access to a child in
61-16 Chapter 153 to determine if there has been a material and
61-17 substantial change in circumstances or if the order has become
61-18 unworkable or inappropriate under this subchapter in determining
61-19 whether a modification of the existing order for possession of or
61-20 access to a child by a parent is in the best interest of the child.
61-21 (b) The court may modify an order for possession of and
61-22 access to a child that does not substantially conform to the
61-23 standard possession order if the modification is in the best
61-24 interest of the child.
61-25 Sec. 156.303. INCREASED EXPENSES BECAUSE OF CHANGE OF
61-26 RESIDENCE. (a) If a change of residence results in increased
61-27 expenses for a party having possession of or access to a child, the
61-28 court may render appropriate orders to allocate those increased
61-29 costs on a fair and equitable basis, taking into account the cause
61-30 of the increased costs and the best interest of the child.
61-31 (b) The payment of increased costs by the party whose
61-32 residence is changed is rebuttably presumed to be in the best
61-33 interest of the child.
61-34 (c) The court may render an order without regard to whether
61-35 another change in the terms and conditions of possession of or
61-36 access to the child is made.
61-37 (Sections 156.304-156.400 reserved for expansion)
61-38 SUBCHAPTER E. MODIFICATION OF CHILD SUPPORT
61-39 Sec. 156.401. GROUNDS FOR MODIFICATION OF CHILD SUPPORT.
61-40 (a) Except as provided by Subsection (b), the court may modify an
61-41 order that provides for the support of a child if the circumstances
61-42 of the child or a person affected by the order have materially and
61-43 substantially changed since the date of the order's rendition.
61-44 (b) A support order may be modified only as to obligations
61-45 accruing after the earlier of:
61-46 (1) the date of service of citation; or
61-47 (2) an appearance in the suit to modify.
61-48 (c) An order of joint conservatorship, in and of itself,
61-49 does not constitute grounds for modifying a support order.
61-50 Sec. 156.402. EFFECT OF GUIDELINES. (a) The court may
61-51 consider the child support guidelines in Chapter 153 to determine
61-52 whether there has been a material or substantial change of
61-53 circumstances under this chapter that warrants a modification of an
61-54 existing child support order if the modification is in the best
61-55 interest of the child.
61-56 (b) If the amount of support contained in the order does not
61-57 substantially conform with the guidelines, the court may modify the
61-58 order to substantially conform with the guidelines if the
61-59 modification is in the best interest of the child. A court may
61-60 consider other relevant evidence in addition to the factors listed
61-61 in the guidelines.
61-62 Sec. 156.403. VOLUNTARY ADDITIONAL SUPPORT. A history of
61-63 support voluntarily provided in excess of the court order does not
61-64 constitute cause to increase the amount of an existing child
61-65 support order.
61-66 Sec. 156.404. NET RESOURCES OF NEW SPOUSE. (a) The court
61-67 may not add any portion of the net resources of a new spouse to the
61-68 net resources of an obligor or obligee in order to calculate the
61-69 amount of child support to be ordered in a suit for modification.
61-70 (b) The court may not subtract the needs of a new spouse, or
62-1 of a dependent of a new spouse, from the net resources of the
62-2 obligor or obligee in a suit for modification.
62-3 Sec. 156.405. CHANGE IN LIFESTYLE. An increase in the
62-4 needs, standard of living, or lifestyle of the obligee since the
62-5 rendition of the existing order does not warrant an increase in the
62-6 obligor's child support obligation.
62-7 Sec. 156.406. USE OF GUIDELINES FOR CHILDREN IN MORE THAN
62-8 ONE HOUSEHOLD. In applying the child support guidelines in a suit
62-9 under this subchapter, if the obligor has the duty to support
62-10 children in more than one household, the court shall apply the
62-11 percentage guidelines for multiple families in Chapter 153.
62-12 Sec. 156.407. ASSIGNMENT OF CHILD SUPPORT RIGHT. A notice
62-13 of assignment filed under Chapter 231 does not constitute a
62-14 modification of an order to pay child support.
62-15 Sec. 156.408. MODIFICATION OF SUPPORT ORDER RENDERED BY
62-16 ANOTHER STATE. (a) Unless both parties and the child reside in
62-17 this state, a court of this state may modify an order of child
62-18 support rendered by an appropriate tribunal of another state only
62-19 as provided by Chapter 159.
62-20 (b) If both parties and the child reside in this state, a
62-21 court of this state may modify an order of child support rendered
62-22 by an appropriate tribunal of another state and any aspect of
62-23 conservatorship as provided by this chapter without reference to
62-24 Chapter 159.
62-25 CHAPTER 157. ENFORCEMENT
62-26 SUBCHAPTER A. PLEADINGS AND DEFENSES
62-27 Sec. 157.001. MOTION FOR ENFORCEMENT. (a) A motion for
62-28 enforcement as provided in this chapter may be filed to enforce a
62-29 final order for conservatorship, child support, possession of or
62-30 access to a child, or other provisions of a final order.
62-31 (b) The court may enforce by contempt a final order for
62-32 possession of and access to a child as provided in this chapter.
62-33 (c) The court may enforce a final order for child support as
62-34 provided in this chapter or Chapter 158.
62-35 (d) A motion for enforcement shall be filed in the court of
62-36 continuing, exclusive jurisdiction.
62-37 Sec. 157.002. CONTENTS OF MOTION. (a) A motion for
62-38 enforcement must, in ordinary and concise language:
62-39 (1) identify the provision of the order allegedly
62-40 violated and sought to be enforced;
62-41 (2) state the manner of the respondent's alleged
62-42 noncompliance;
62-43 (3) state the relief requested by the movant; and
62-44 (4) contain the signature of the movant or the
62-45 movant's attorney.
62-46 (b) A motion for enforcement of child support:
62-47 (1) must include the amount owed as provided in the
62-48 order, the amount paid, and the amount of arrearages;
62-49 (2) if contempt is requested, must include the portion
62-50 of the order allegedly violated and, for each date of alleged
62-51 contempt, the amount due and the amount paid, if any; and
62-52 (3) may include as an attachment a copy of a record of
62-53 child support payments maintained by the Title IV-D registry or a
62-54 local registry.
62-55 (c) A motion for enforcement of the terms and conditions of
62-56 conservatorship or possession of or access to a child must include
62-57 the date, place, and, if applicable, the time of each occasion of
62-58 the respondent's failure to comply with the order.
62-59 (d) The movant is not required to plead that the underlying
62-60 order is enforceable by contempt to obtain other appropriate
62-61 enforcement remedies.
62-62 (e) The movant may allege repeated past violations of the
62-63 order and that future violations of a similar nature may occur
62-64 before the date of the hearing.
62-65 Sec. 157.003. JOINDER OF CLAIMS AND REMEDIES; NO ELECTION OF
62-66 REMEDIES. (a) A party requesting enforcement may join in the same
62-67 proceeding any claim and remedy provided for in this chapter, other
62-68 provisions of this subtitle, or other rules of law.
62-69 (b) A motion for enforcement does not constitute an election
62-70 of remedies that limits or precludes:
63-1 (1) the use of any other civil or criminal proceeding
63-2 to enforce a final order; or
63-3 (2) a suit for damages under Chapter 42.
63-4 Sec. 157.004. TIME LIMITATIONS; ENFORCEMENT OF POSSESSION.
63-5 The court retains jurisdiction to render a contempt order for
63-6 failure to comply with the order of possession and access if the
63-7 motion for enforcement is filed not later than the sixth month
63-8 after the date:
63-9 (1) the child becomes an adult; or
63-10 (2) on which the right of possession and access
63-11 terminates under the order or by operation of law.
63-12 Sec. 157.005. TIME LIMITATIONS; ENFORCEMENT OF CHILD
63-13 SUPPORT. (a) The court retains jurisdiction to render a contempt
63-14 order for failure to comply with the child support order if the
63-15 motion for enforcement is filed not later than the sixth month
63-16 after the date:
63-17 (1) the child becomes an adult; or
63-18 (2) on which the child support obligation terminates
63-19 under the order or by operation of law.
63-20 (b) The court retains jurisdiction to confirm the total
63-21 amount of child support arrearages and render judgment for past-due
63-22 child support if a motion for enforcement requesting a money
63-23 judgment is filed not later than the fourth anniversary after the
63-24 date:
63-25 (1) the child becomes an adult; or
63-26 (2) on which the child support obligation terminates
63-27 under the order or by operation of law.
63-28 Sec. 157.006. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT.
63-29 (a) The issue of the existence of an affirmative defense to a
63-30 motion for enforcement does not arise unless evidence is admitted
63-31 supporting the defense.
63-32 (b) The respondent must prove the affirmative defense by a
63-33 preponderance of the evidence.
63-34 Sec. 157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
63-35 OF POSSESSION OR ACCESS. (a) The respondent may plead as an
63-36 affirmative defense to contempt for failure to comply with an order
63-37 for possession or access to a child that the movant voluntarily
63-38 relinquished actual possession and control of the child.
63-39 (b) The voluntary relinquishment must have been for the time
63-40 encompassed by the court-ordered periods during which the
63-41 respondent is alleged to have interfered.
63-42 Sec. 157.008. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
63-43 OF CHILD SUPPORT. (a) An obligor may plead as an affirmative
63-44 defense in whole or in part to a motion for enforcement of child
63-45 support that the obligee voluntarily relinquished to the obligor
63-46 actual possession and control of a child.
63-47 (b) The voluntary relinquishment must have been for a time
63-48 period in excess of any court-ordered periods of possession of and
63-49 access to the child and actual support must have been supplied by
63-50 the obligor.
63-51 (c) An obligor may plead as an affirmative defense to an
63-52 allegation of contempt or of the violation of a condition of
63-53 community service requiring payment of child support that the
63-54 obligor:
63-55 (1) lacked the ability to provide support in the
63-56 amount ordered;
63-57 (2) lacked property that could be sold, mortgaged, or
63-58 otherwise pledged to raise the funds needed;
63-59 (3) attempted unsuccessfully to borrow the funds
63-60 needed; and
63-61 (4) knew of no source from which the money could have
63-62 been borrowed or legally obtained.
63-63 (d) An obligor who has provided actual support to the child
63-64 during a time subject to an affirmative defense under this section
63-65 may request reimbursement for that support as a counterclaim or
63-66 offset against the claim of the obligee.
63-67 (e) An action against the obligee for support supplied to a
63-68 child is limited to the amount of periodic payments previously
63-69 ordered by the court.
63-70 (Sections 157.009-157.060 reserved for expansion)
64-1 SUBCHAPTER B. PROCEDURE
64-2 Sec. 157.061. SETTING HEARING. (a) On filing a motion for
64-3 enforcement requesting contempt, the court shall set the date,
64-4 time, and place of the hearing and order the respondent to
64-5 personally appear and respond to the motion.
64-6 (b) If the motion for enforcement does not request contempt,
64-7 the court shall set the motion for hearing on the request of a
64-8 party.
64-9 (c) The court shall give preference to a motion for
64-10 enforcement of child support in setting a hearing date and may not
64-11 delay the hearing because a suit for modification of the order
64-12 requested to be enforced has been or may be filed.
64-13 Sec. 157.062. NOTICE OF HEARING. (a) The notice of hearing
64-14 must include the date, time, and place of the hearing.
64-15 (b) The notice of hearing need not repeat the allegations
64-16 contained in the motion for enforcement.
64-17 (c) Except as provided in this chapter, the notice of
64-18 hearing on a motion for enforcement of an existing order providing
64-19 for child support or possession of or access to a child shall be
64-20 given to the respondent by personal service of a copy of the motion
64-21 and notice not later than the 10th day before the date of the
64-22 hearing.
64-23 (d) If a motion for enforcement is joined with another
64-24 claim:
64-25 (1) the hearing may not be held before 10 a.m. on the
64-26 first Monday after the 20th day after the date of service; and
64-27 (2) the provisions of the Texas Rules of Civil
64-28 Procedure applicable to the filing of an original lawsuit apply.
64-29 Sec. 157.063. APPEARANCE. A party makes a general
64-30 appearance for all purposes in an enforcement proceeding if:
64-31 (1) the party appears at the hearing or is present
64-32 when the case is called; and
64-33 (2) the party does not object to the court's
64-34 jurisdiction or the form or manner of the notice of hearing.
64-35 Sec. 157.064. SPECIAL EXCEPTION. (a) If a respondent
64-36 specially excepts to the motion for enforcement or moves to strike,
64-37 the court shall rule on the exception or the motion to strike
64-38 before it hears the motion for enforcement.
64-39 (b) If an exception is sustained, the court shall give the
64-40 movant an opportunity to replead and continue the hearing to a
64-41 designated date and time without the requirement of additional
64-42 service.
64-43 Sec. 157.065. NOTICE OF HEARING, FIRST CLASS MAIL. (a) If
64-44 a party has been ordered under Chapter 105 to provide the clerk of
64-45 the court with the party's current mailing address, notice of a
64-46 motion for enforcement may be served by mailing a copy of the
64-47 notice to the respondent, together with a copy of the motion, by
64-48 first class mail to the last mailing address of the respondent on
64-49 file with the clerk.
64-50 (b) The notice may be sent by the clerk of the court, the
64-51 movant's attorney, or any person entitled to the address
64-52 information as provided in Chapter 105.
64-53 (c) A person who sends the notice shall file of record a
64-54 certificate of service showing the date of mailing and the name of
64-55 the person who sent the notice.
64-56 (d) A notice sent as provided in this section must, in plain
64-57 and concise language, state:
64-58 "This notice is a request for you to appear at the
64-59 designated time, date, and place of the hearing set out
64-60 in this notice in order to defend yourself against the
64-61 allegations made against you in the attached or
64-62 enclosed motion. You are not required to appear at
64-63 this hearing; however, if you do not appear, a sheriff
64-64 or constable may and probably will formally serve a
64-65 court order on you at your place of residence or
64-66 employment or wherever you may be found requiring you
64-67 to appear at another hearing to defend yourself against
64-68 the motion. If a sheriff or constable has to serve
64-69 you, the court may require you to pay for the cost of
64-70 the service. If you choose to appear at the hearing
65-1 set out in this notice, you will have made a formal and
65-2 legal appearance in court. In this case, no further
65-3 service of the enclosed motion will have to be made on
65-4 you. If you do appear at the hearing set out in this
65-5 notice, you should be aware of the following: (1) you
65-6 do not have to talk to the party who filed the motion
65-7 against you or that party's attorney and, if you do
65-8 talk with them, anything you say may and probably will
65-9 be used against you; (2) you have the right to be
65-10 represented by your own attorney; (3) if the motion
65-11 requests to have you held in contempt and jailed or
65-12 fined, the judge may appoint an attorney to represent
65-13 you if you can prove to the judge that you cannot
65-14 afford an attorney; and (4) you may have the hearing at
65-15 the time, date, and place in this notice, or, on your
65-16 request, the court must set a hearing at a later time
65-17 of not less than five days in the future; if the judge
65-18 does set the hearing in the future and you do not
65-19 appear at that future hearing, the judge may order a
65-20 sheriff or constable to arrest you and bring you to
65-21 court for a hearing on the motion. You are advised to
65-22 consult with an attorney in order to understand all of
65-23 your rights before making any decision under this
65-24 notice."
65-25 Sec. 157.066. FAILURE TO APPEAR. (a) If a respondent who
65-26 has been sent notice by first class mail to appear at a hearing
65-27 does not appear at the designated time, place, and date to respond
65-28 to a motion for enforcement of an existing court order, personal
65-29 service of notice of a hearing shall be attempted.
65-30 (b) The court shall issue a capias for the arrest of a party
65-31 if:
65-32 (1) the party is allegedly in arrears in court-ordered
65-33 child support payments;
65-34 (2) the party has been ordered as provided in Chapter
65-35 105 to provide the clerk of the court with the party's current
65-36 mailing address;
65-37 (3) the party did not appear at the hearing; and
65-38 (4) subsequently an attempt to serve notice of the
65-39 hearing by personal service on the party has been unsuccessful
65-40 despite diligent efforts to serve process at the latest address on
65-41 file with the clerk and at any other address known to the moving
65-42 party at which the respondent may be served.
65-43 (Sections 157.067-157.100 reserved for expansion)
65-44 SUBCHAPTER C. FAILURE TO APPEAR; BOND OR SECURITY
65-45 Sec. 157.101. BOND OR SECURITY FOR RELEASE OF RESPONDENT.
65-46 (a) When the court orders the issuance of a capias as provided in
65-47 this chapter, the court shall also set an appearance bond or
65-48 security, payable to the obligee or to a person designated by the
65-49 court, in a reasonable amount.
65-50 (b) An appearance bond or security in the amount of $1,000
65-51 or a cash bond in the amount of $250 is presumed to be reasonable.
65-52 Evidence that the respondent has attempted to evade service of
65-53 process, has previously been found guilty of contempt, or has
65-54 accrued arrearages over $1,000 is sufficient to rebut the
65-55 presumption. If the presumption is rebutted, the court shall set a
65-56 reasonable bond.
65-57 Sec. 157.102. CAPIAS; DUTY OF LAW ENFORCEMENT OFFICIALS.
65-58 Law enforcement officials shall treat the capias in the same manner
65-59 as an arrest warrant for a criminal offense and shall enter the
65-60 capias in the computer records for outstanding warrants maintained
65-61 by the local police, sheriff, and Department of Public Safety.
65-62 Sec. 157.103. CAPIAS FEE. (a) The fee for issuing a capias
65-63 as provided in this chapter is the same as the fee for issuance of
65-64 a writ of attachment.
65-65 (b) The fee for serving a capias is the same as the fee for
65-66 service of a writ in civil cases generally.
65-67 Sec. 157.104. CONDITIONAL RELEASE. If the respondent is
65-68 taken into custody and released on bond, the court shall condition
65-69 the bond on the respondent's promise to appear in court for a
65-70 hearing as required by the court without the necessity of further
66-1 personal service of notice on the respondent.
66-2 Sec. 157.105. RELEASE HEARING. (a) If the respondent is
66-3 taken into custody and not released on bond, the respondent shall
66-4 be brought before the court that issued the capias on or before the
66-5 first working day after the arrest. The court shall determine
66-6 whether the respondent's appearance in court at a designated time
66-7 and place can be assured by a method other than by posting the bond
66-8 or security previously established.
66-9 (b) If the respondent is released without posting bond or
66-10 security, the court shall set a hearing on the alleged contempt at
66-11 a designated date, time, and place and give the respondent notice
66-12 of hearing in open court. No other notice to the respondent is
66-13 required.
66-14 (c) If the court is not satisfied that the respondent's
66-15 appearance in court can be assured and the respondent remains in
66-16 custody, a hearing on the alleged contempt shall be held as soon as
66-17 practicable, but not later than the fifth day after the date that
66-18 the respondent was taken into custody, unless the respondent and
66-19 the respondent's attorney waive the accelerated hearing.
66-20 Sec. 157.106. CASH BOND AS SUPPORT. (a) If the respondent
66-21 has posted a cash bond and is found to be in arrears in the payment
66-22 of court-ordered child support, the court shall order that the
66-23 proceeds of the cash bond be paid to the child support obligee or
66-24 to a person designated by the court, not to exceed the amount of
66-25 child support arrearages determined to exist.
66-26 (b) This section applies without regard to whether the
66-27 respondent appears at the hearing.
66-28 Sec. 157.107. APPEARANCE BOND OR SECURITY OTHER THAN CASH
66-29 BOND AS SUPPORT. (a) If the respondent fails to appear at the
66-30 hearing as directed, the court shall order that the appearance bond
66-31 or security be forfeited and that the proceeds of any judgment on
66-32 the bond or security, not to exceed the amount of child support
66-33 arrearages determined to exist, be paid to the obligee or to a
66-34 person designated by the court.
66-35 (b) The obligee may file suit on the bond.
66-36 Sec. 157.108. CASH BOND AS PROPERTY OF RESPONDENT. A court
66-37 shall treat a cash bond posted for the benefit of the respondent as
66-38 the property of the respondent. A person who posts the cash bond
66-39 does not have recourse in relation to an order regarding the bond
66-40 other than against the respondent.
66-41 Sec. 157.109. SECURITY FOR COMPLIANCE WITH ORDER. (a) The
66-42 court may order the respondent to execute a bond or post security
66-43 if the court finds that the respondent:
66-44 (1) has on two or more occasions denied possession of
66-45 or access to a child who is the subject of the order; or
66-46 (2) is employed by an employer not subject to the
66-47 jurisdiction of the court or for whom income withholding is
66-48 unworkable or inappropriate.
66-49 (b) The court shall set the amount of the bond or security
66-50 and condition the bond or security on compliance with the court
66-51 order permitting possession or access or the payment of past-due or
66-52 future child support.
66-53 (c) The court shall order the bond or security payable
66-54 through the registry of the court:
66-55 (1) to the obligee or other person or entity entitled
66-56 to receive child support payments designated by the court if
66-57 enforcement of child support is requested; or
66-58 (2) to the person who is entitled to possession or
66-59 access if enforcement of possession or access is requested.
66-60 Sec. 157.110. FORFEITURE OF SECURITY FOR FAILURE TO COMPLY
66-61 WITH ORDER. (a) On the motion of a person or entity for whose
66-62 benefit a bond has been executed or security deposited, the court
66-63 may forfeit all or part of the bond or security deposit on a
66-64 finding that the person who furnished the bond or security:
66-65 (1) has violated the court order for possession of and
66-66 access to a child; or
66-67 (2) failed to make child support payments.
66-68 (b) The court shall order the registry to pay the funds from
66-69 a forfeited bond or security deposit to the obligee or person or
66-70 entity entitled to receive child support payments in an amount that
67-1 does not exceed the child support arrearages or, in the case of
67-2 possession of or access to a child, to the person entitled to
67-3 possession or access.
67-4 (c) The court may order that all or part of the forfeited
67-5 amount be applied to pay attorney's fees and costs incurred by the
67-6 person or entity bringing the motion for contempt or motion for
67-7 forfeiture.
67-8 Sec. 157.111. FORFEITURE NOT DEFENSE TO CONTEMPT. The
67-9 forfeiture of bond or security is not a defense in a contempt
67-10 proceeding.
67-11 Sec. 157.112. JOINDER OF FORFEITURE AND CONTEMPT
67-12 PROCEEDINGS. A motion for enforcement requesting contempt may be
67-13 joined with a forfeiture proceeding.
67-14 Sec. 157.113. APPLICATION OF BOND PENDING WRIT. If the
67-15 obligor requests to execute a bond or to post security pending a
67-16 hearing by an appellate court on a writ, the bond or security on
67-17 forfeiture shall be payable to the obligee.
67-18 Sec. 157.114. FAILURE TO APPEAR. The court may order a
67-19 capias to be issued for the arrest of the respondent if:
67-20 (1) the motion for enforcement requests contempt;
67-21 (2) the respondent was personally served; and
67-22 (3) the respondent fails to appear.
67-23 Sec. 157.115. DEFAULT JUDGMENT. (a) The court may render a
67-24 default order for the relief requested if the respondent:
67-25 (1) has been personally served;
67-26 (2) has filed an answer or has entered an appearance;
67-27 and
67-28 (3) does not appear at the designated time, place, and
67-29 date to respond to the motion.
67-30 (b) If the respondent fails to appear, the court may not
67-31 hold the respondent in contempt but may order a capias to be
67-32 issued.
67-33 (Sections 157.116-157.160 reserved for expansion)
67-34 SUBCHAPTER D. HEARING AND ENFORCEMENT ORDER
67-35 Sec. 157.161. RECORD. (a) Except as provided by Subsection
67-36 (b), a record of the hearing in a motion for enforcement shall be
67-37 made by a court reporter or as provided by Chapter 201.
67-38 (b) A record is not required if:
67-39 (1) the parties agree to an order; or
67-40 (2) the motion does not request incarceration and the
67-41 parties waive the requirement of a record at the time of hearing,
67-42 either in writing or in open court, and the court approves waiver.
67-43 Sec. 157.162. PROOF. (a) The movant is not required to
67-44 prove that the underlying order is enforceable by contempt to
67-45 obtain other appropriate enforcement remedies.
67-46 (b) A finding that the respondent is not in contempt does
67-47 not preclude the court from ordering any other enforcement remedy,
67-48 including rendering a money judgment, posting a bond or other
67-49 security, or withholding income.
67-50 (c) A copy of the payment record attached to the motion is
67-51 evidence of the facts asserted in the payment record and is
67-52 admissible to show whether payments were made. The respondent may
67-53 offer controverting evidence.
67-54 Sec. 157.163. APPOINTMENT OF ATTORNEY. (a) In a motion for
67-55 enforcement or motion to revoke community service, the court must
67-56 first determine whether incarceration of the respondent is a
67-57 possible result of the proceedings.
67-58 (b) If the court determines that incarceration is a possible
67-59 result of the proceedings, the court shall inform a respondent not
67-60 represented by an attorney of the right to be represented by an
67-61 attorney and, if the respondent is indigent, of the right to the
67-62 appointment of an attorney.
67-63 (c) If the court determines that the respondent will not be
67-64 incarcerated as a result of the proceedings, the court may require
67-65 a respondent who is indigent to proceed without an attorney.
67-66 (d) If the respondent claims indigency and requests the
67-67 appointment of an attorney, the court shall require the respondent
67-68 to file an affidavit of indigency. The court may hear evidence to
67-69 determine the issue of indigency.
67-70 (e) Except as provided by Subsection (c), the court shall
68-1 appoint an attorney to represent the respondent if the court
68-2 determines that the respondent is indigent.
68-3 (f) If the respondent is not in custody, an appointed
68-4 attorney is entitled to not less than 10 days from the date of the
68-5 attorney's appointment to respond to the movant's pleadings and
68-6 prepare for the hearing.
68-7 (g) If the respondent is in custody, an appointed attorney
68-8 is entitled to not less than five days from the date the respondent
68-9 was taken into custody to respond to the movant's pleadings and
68-10 prepare for the hearing.
68-11 (h) The court may shorten or extend the time for preparation
68-12 if the respondent and the respondent's attorney sign a waiver of
68-13 the time limit.
68-14 (i) The scope of the court appointment of an attorney to
68-15 represent the respondent is limited to the allegation of contempt
68-16 or of violation of community supervision contained in the motion
68-17 for enforcement or motion to revoke community supervision.
68-18 Sec. 157.164. PAYMENT OF APPOINTED ATTORNEY. (a) An
68-19 attorney appointed to represent an indigent respondent is entitled
68-20 to a reasonable fee for services within the scope of the
68-21 appointment in the amount set by the court.
68-22 (b) The fee shall be paid from the general funds of the
68-23 county according to the schedule for the compensation of counsel
68-24 appointed to defend criminal defendants as provided in the Code of
68-25 Criminal Procedure.
68-26 (c) For purposes of this section, a proceeding in a court of
68-27 appeals or the Supreme Court of Texas is considered the equivalent
68-28 of a bona fide appeal to the Texas Court of Criminal Appeals.
68-29 Sec. 157.165. PROBATION OF CONTEMPT ORDER. The court may
68-30 place the respondent on community supervision and suspend
68-31 commitment if the court finds that the respondent is in contempt of
68-32 court for failure or refusal to obey an order rendered as provided
68-33 in this subtitle.
68-34 Sec. 157.166. CONTENTS OF ENFORCEMENT ORDER. (a) An
68-35 enforcement order must include:
68-36 (1) in ordinary and concise language the provisions of
68-37 the order for which enforcement was requested;
68-38 (2) the acts or omissions that are the subject of the
68-39 order;
68-40 (3) the manner of the respondent's noncompliance; and
68-41 (4) the relief granted by the court.
68-42 (b) If the order imposes incarceration or a fine, an
68-43 enforcement order must contain findings setting out or
68-44 incorporating by reference the provisions of the order for which
68-45 enforcement was requested and the date of each occasion when the
68-46 respondent failed to comply with the order.
68-47 Sec. 157.167. RESPONDENT TO PAY ATTORNEY'S FEES AND COSTS.
68-48 (a) If the court finds that the respondent has failed to make
68-49 child support payments, the court shall order the respondent to pay
68-50 the movant's reasonable attorney's fees and all court costs in
68-51 addition to the arrearages.
68-52 (b) For good cause shown, the court may waive the
68-53 requirement that the respondent pay attorney's fees and costs if
68-54 the court states the reasons supporting that finding.
68-55 (Sections 157.168-157.210 reserved for expansion)
68-56 SUBCHAPTER E. COMMUNITY SUPERVISION
68-57 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
68-58 court places the respondent on community supervision and suspends
68-59 commitment, the terms and conditions of community supervision may
68-60 include the requirement that the respondent:
68-61 (1) report to the community supervision and
68-62 corrections department officer as directed;
68-63 (2) permit the community supervision and corrections
68-64 department officer to visit the respondent at the respondent's home
68-65 or elsewhere;
68-66 (3) obtain counseling on financial planning, budget
68-67 management, alcohol or drug abuse, or other matters causing the
68-68 respondent to fail to obey the order; and
68-69 (4) pay court costs and attorney's fees ordered by the
68-70 court.
69-1 Sec. 157.212. TERM OF COMMUNITY SUPERVISION. The community
69-2 supervision period may not exceed five years.
69-3 Sec. 157.213. COMMUNITY SUPERVISION FEES. (a) The court
69-4 may require the respondent to pay a fee to the court in an amount
69-5 equal to that required of a criminal defendant subject to community
69-6 supervision.
69-7 (b) The court may make payment of the fee a condition of
69-8 granting or continuing community supervision.
69-9 (c) The court shall deposit the fees received under this
69-10 subchapter in the special fund of the county treasury provided by
69-11 the Code of Criminal Procedure to be used for community
69-12 supervision.
69-13 Sec. 157.214. MOTION TO REVOKE COMMUNITY SUPERVISION. A
69-14 prosecuting attorney, the Title IV-D agency, or a party affected by
69-15 the order may file a verified motion alleging specifically that
69-16 certain conduct of the respondent constitutes a violation of the
69-17 terms and conditions of community supervision.
69-18 Sec. 157.215. ARREST FOR ALLEGED VIOLATION OF COMMUNITY
69-19 SUPERVISION. (a) If the motion to revoke community supervision
69-20 alleges a prima facie case that the respondent has violated a term
69-21 or condition of community supervision, the court may order the
69-22 respondent's arrest by warrant.
69-23 (b) The respondent shall be brought promptly before the
69-24 court ordering the arrest.
69-25 Sec. 157.216. HEARING ON MOTION TO REVOKE COMMUNITY
69-26 SUPERVISION. (a) The court shall hold a hearing without a jury on
69-27 or before the first working day after the date the respondent is
69-28 arrested under Section 157.215. If the court is unavailable for a
69-29 hearing on that date, the hearing shall be held not later than the
69-30 first working day after the date the court becomes available.
69-31 (b) The hearing under this section may not be held later
69-32 than the third working day after the date the respondent is
69-33 arrested.
69-34 (c) After the hearing, the court may continue, modify, or
69-35 revoke the community supervision.
69-36 Sec. 157.217. DISCHARGE FROM COMMUNITY SUPERVISION.
69-37 (a) When a community supervision period has been satisfactorily
69-38 completed, the court on its own motion shall discharge the
69-39 respondent from community supervision.
69-40 (b) The court may discharge the respondent from community
69-41 supervision on the motion of the respondent if the court finds that
69-42 the respondent:
69-43 (1) has satisfactorily completed one year of community
69-44 supervision; and
69-45 (2) has fully complied with the community supervision
69-46 order.
69-47 (Sections 157.218-157.260 reserved for expansion)
69-48 SUBCHAPTER F. JUDGMENT AND INTEREST
69-49 Sec. 157.261. UNPAID CHILD SUPPORT AS JUDGMENT. A child
69-50 support payment not timely made constitutes a final judgment for
69-51 the amount due and owing, including interest as provided in this
69-52 chapter.
69-53 Sec. 157.262. REDUCTION OF ARREARAGES. (a) In a contempt
69-54 proceeding or in rendering a money judgment, the court may not
69-55 reduce or modify the amount of child support arrearages.
69-56 (b) The money judgment for arrearages rendered by the court
69-57 may be subject to a counterclaim or offset as provided by this
69-58 subchapter.
69-59 Sec. 157.263. CONFIRMATION OF ARREARAGES. (a) If a motion
69-60 for enforcement of child support requests a money judgment for
69-61 arrearages, the court shall confirm the amount of arrearages and
69-62 render one cumulative money judgment.
69-63 (b) A cumulative money judgment includes:
69-64 (1) unpaid child support not previously confirmed;
69-65 (2) the balance owed on previously confirmed
69-66 arrearages or lump sum or retroactive support judgments;
69-67 (3) interest on the arrearages; and
69-68 (4) a statement that it is a cumulative judgment.
69-69 Sec. 157.264. ENFORCEMENT BY INCOME WITHHOLDING. A money
69-70 judgment rendered as provided in this subchapter may be enforced by
70-1 any means available for the enforcement of a judgment for debts and
70-2 by an order requiring that income be withheld from the disposable
70-3 earnings of the obligor.
70-4 Sec. 157.265. ACCRUAL OF INTEREST ON DELINQUENT CHILD
70-5 SUPPORT. (a) Interest accrues on delinquent child support at the
70-6 rate of 12 percent simple interest per year from the date the
70-7 support is delinquent until the date the support is paid or the
70-8 arrearages are confirmed and reduced to money judgment.
70-9 (b) Interest accrues on child support arrearages that have
70-10 been confirmed and reduced to money judgment as provided in this
70-11 subchapter at the rate of 12 percent simple interest per year from
70-12 the date the order is rendered until the date the judgment is paid.
70-13 Sec. 157.266. DATE OF DELINQUENCY. (a) A child support
70-14 payment is delinquent for the purpose of accrual of interest if the
70-15 payment is not received before the 31st day after the payment date
70-16 stated in the order by:
70-17 (1) the local registry or Title IV-D registry; or
70-18 (2) the obligee or entity specified in the order, if
70-19 payments are not made through a registry.
70-20 (b) If a payment date is not stated in the order, a child
70-21 support payment is delinquent if payment is not received by the
70-22 registry or the obligee or entity specified in the order on the
70-23 date that an amount equal to the support payable for one month
70-24 becomes past due.
70-25 Sec. 157.267. INTEREST ENFORCED AS CHILD SUPPORT. Accrued
70-26 interest is part of the child support obligation and may be
70-27 enforced by any means provided for the collection of child support.
70-28 Sec. 157.268. APPLICATION OF CHILD SUPPORT PAYMENT. Child
70-29 support collected shall be applied in the following order of
70-30 priority:
70-31 (1) current child support;
70-32 (2) non-delinquent child support owed;
70-33 (3) interest on the principal amounts specified in
70-34 Subdivisions (4) and (5);
70-35 (4) the principal amount of child support that has not
70-36 been confirmed and reduced to money judgment; and
70-37 (5) the principal amount of child support that has
70-38 been confirmed and reduced to money judgment.
70-39 (Sections 157.269-157.310 reserved for expansion)
70-40 SUBCHAPTER G. CHILD SUPPORT LIEN
70-41 Sec. 157.311. DEFINITIONS. In this subchapter:
70-42 (1) "Claimant" means:
70-43 (A) the obligee or a private attorney
70-44 representing the obligee;
70-45 (B) the Title IV-D agency providing child
70-46 support services;
70-47 (C) a domestic relations office or local
70-48 registry; or
70-49 (D) an attorney appointed as a friend of the
70-50 court.
70-51 (2) "Lien" means a child support lien.
70-52 Sec. 157.312. GENERAL PROVISIONS. (a) A claimant may
70-53 enforce child support by a lien as provided in this subchapter.
70-54 (b) The remedies provided by this subchapter do not affect
70-55 the availability of other remedies provided by law.
70-56 (c) The lien is in addition to any other lien provided by
70-57 law.
70-58 Sec. 157.313. CONTENTS OF LIEN NOTICE. (a) A child support
70-59 lien notice must contain:
70-60 (1) the style, docket number, and identity of the
70-61 court having continuing jurisdiction of the child support action;
70-62 (2) the name, address, and, if available, the birth
70-63 date, driver's license number, and social security number of the
70-64 obligor;
70-65 (3) the name and social security number, if available,
70-66 of the obligee and the child;
70-67 (4) the amount of child support arrearages owed by the
70-68 obligor and the date of the rendition of the court order or
70-69 issuance of the writ that determined the arrearages;
70-70 (5) the rate of interest specified in the court order
71-1 or writ or, in the absence of a specified interest rate, the rate
71-2 provided for by Subchapter F; and
71-3 (6) the name and address of the person or agency to
71-4 whom the payment of the child support arrearages shall be made.
71-5 (b) A claimant may include any other information that the
71-6 claimant considers necessary.
71-7 (c) The lien notice must be verified.
71-8 Sec. 157.314. FILING LIEN NOTICE OR ABSTRACT OF JUDGMENT. A
71-9 child support lien notice or an abstract of judgment for past due
71-10 child support may be filed by the claimant with:
71-11 (1) the county clerk of any county in which the
71-12 obligor is believed to own nonexempt real or personal property or
71-13 in the county in which the obligor resides;
71-14 (2) the clerk of the court in which a claim,
71-15 counterclaim, or suit by the obligor is pending, provided that a
71-16 copy of the lien is mailed to the attorney of record for the
71-17 obligor; or
71-18 (3) an attorney who represents the obligor in a claim
71-19 or counterclaim that has not been filed with a court.
71-20 Sec. 157.315. RECORDING AND INDEXING LIEN. (a) On receipt
71-21 of a lien notice, the county clerk shall record the notice in the
71-22 county judgment records as provided in Chapter 52, Property Code.
71-23 (b) The county clerk may not charge the Title IV-D agency, a
71-24 domestic relations office, or a friend of the court a fee for
71-25 recording the notice or for release of the lien. The county clerk
71-26 shall collect the fees for recording the notice and for the release
71-27 of the lien from the obligor before filing the release.
71-28 Sec. 157.316. PERFECTION OF CHILD SUPPORT LIEN. A child
71-29 support lien attaches when an abstract of judgment for past due
71-30 child support or a child support lien notice is filed as provided
71-31 by this subchapter.
71-32 Sec. 157.317. PROPERTY TO WHICH LIEN ATTACHES. (a) A lien
71-33 attaches to all personal property not exempt under the Texas
71-34 Constitution, including a claim for negligence, personal injury, or
71-35 workers' compensation, or an insurance award for the claim, owned
71-36 by the obligor on or after the date the lien attaches.
71-37 (b) A lien attaches to all nonhomestead real property of the
71-38 obligor but does not attach to a homestead exempt under the Texas
71-39 Constitution or the Property Code.
71-40 Sec. 157.318. DURATION OF CHILD SUPPORT LIEN. (a) A lien
71-41 is effective for 10 years from the date the notice is recorded in
71-42 the county clerk's office in the county where the property of the
71-43 obligor is located.
71-44 (b) The lien may be extended for an additional 10-year
71-45 period by recording a lien notice before the tenth anniversary of
71-46 the date of the original recording of the notice.
71-47 Sec. 157.319. EFFECT OF LIEN ON PERSONAL PROPERTY. (a) The
71-48 filing of a lien notice is a record of the notice.
71-49 (b) If a lien has been filed as provided in this subchapter
71-50 and a person having notice of the lien possesses nonexempt personal
71-51 property of the obligor that may be subject to the lien, the
71-52 property may not be paid over, released, sold, transferred,
71-53 encumbered, or conveyed unless:
71-54 (1) a release of lien signed by the claimant is
71-55 delivered to the person in possession; or
71-56 (2) a court, after notice to the claimant and hearing,
71-57 has ordered the release of the lien because arrearages do not
71-58 exist.
71-59 Sec. 157.320. PRIORITY OF LIEN AS TO REAL PROPERTY. (a) A
71-60 lien created under this subchapter does not have priority over a
71-61 lien or conveyance of an interest in the nonexempt real property
71-62 recorded before the child support lien notice is recorded in the
71-63 county where the real property is located.
71-64 (b) A lien created under this subchapter has priority over
71-65 any lien or conveyance of an interest in the nonexempt real
71-66 property recorded after the child support lien notice is recorded
71-67 in the county clerk's office in the county where the property of
71-68 the obligor is located.
71-69 (c) A conveyance of real property by the obligor after a
71-70 lien notice has been recorded in the county where the real property
72-1 is located is subject to the lien and may not impair the
72-2 enforceability of the lien against the real property.
72-3 Sec. 157.321. DISCRETIONARY RELEASE OF LIEN. A claimant may
72-4 at any time release a lien on all or part of the property of the
72-5 obligor or return seized property, without liability, if assurance
72-6 of payment is considered adequate by the claimant or if the release
72-7 or return will facilitate the collection of the arrearages. The
72-8 release or return may not operate to prevent future action to
72-9 collect from the same or other property.
72-10 Sec. 157.322. MANDATORY RELEASE OF LIEN. (a) On payment in
72-11 full of the amount of child support due, together with any costs
72-12 and reasonable attorney's fees, the claimant shall execute and
72-13 deliver a release of the child support lien.
72-14 (b) A child support lien release shall be filed in the same
72-15 manner as the notice of lien.
72-16 (c) The county clerk shall immediately record a release of
72-17 lien notice or abstract of judgment that was filed with the clerk.
72-18 (d) On the filing of a release of lien that was filed with
72-19 the clerk of the court in which a claim, counterclaim, or suit at
72-20 law by the obligor is pending, the clerk of the court shall file
72-21 for record the release of lien in the court's proceedings and the
72-22 claimant shall mail a copy of the release of lien to the obligor or
72-23 the attorney of record for the obligor.
72-24 (e) A release of lien that was filed with the obligor or the
72-25 attorney who represents the obligor in a claim or counterclaim that
72-26 has not been filed with a court shall be mailed by the claimant to
72-27 the attorney or obligor.
72-28 Sec. 157.323. FORECLOSURE. (a) When a lien notice has been
72-29 filed under this subchapter, an action to foreclose a lien on
72-30 nonexempt real or personal property may be brought in the district
72-31 court of the county in which the property is or was located and the
72-32 lien was filed.
72-33 (b) After notice to the obligor and the claimant, the court
72-34 shall conduct a hearing and, if arrearages are owed by the obligor,
72-35 the court shall:
72-36 (1) render judgment against the obligor for the amount
72-37 due, plus costs and reasonable attorney's fees; and
72-38 (2) order any official authorized to levy execution to
72-39 satisfy the lien, costs, and attorney's fees by selling any
72-40 property on which a lien is established under this subchapter.
72-41 (c) In all sales contemplated under this section,
72-42 publication of notice is necessary only for three consecutive weeks
72-43 in a newspaper published in the county where the property is
72-44 located or, if there is no newspaper in that county, in the most
72-45 convenient newspaper in circulation in the county.
72-46 Sec. 157.324. Liability for Failure to Comply With Order or
72-47 Lien. A person who knowingly fails to surrender on demand
72-48 nonexempt personal property seized under this subchapter is liable
72-49 to the claimant in an amount equal to the arrearages for which the
72-50 foreclosure judgment was issued.
72-51 Sec. 157.325. Release of Excess Funds to Debtor or Obligor.
72-52 (a) If a person has in the person's possession earnings, deposits,
72-53 accounts, or balances in excess of the amount of arrearages
72-54 specified in the child support lien, the holder of the nonexempt
72-55 personal property or the obligor may request that the claimant
72-56 release any excess amount from the lien. The claimant shall grant
72-57 the request and discharge any lien on the excess unless the
72-58 security for the arrearages would be impaired.
72-59 (b) If the claimant refuses the request, the holder of the
72-60 personal property or the obligor may petition the court of
72-61 competent jurisdiction for discharge of excess personal property or
72-62 money from the lien.
72-63 Sec. 157.326. Interest of Obligor's Spouse. (a) A spouse
72-64 of an obligor may file an affidavit with a court of competent
72-65 jurisdiction requesting that the court determine the extent, if
72-66 any, of the spouse's interest in real or personal property that is
72-67 subject to:
72-68 (1) a lien perfected under this subchapter; or
72-69 (2) an action to foreclose under this subchapter.
72-70 (b) After notice to the obligor, obligor's spouse, and the
73-1 claimant, the court shall conduct a hearing and determine the
73-2 extent, if any, of the ownership interest in the property held by
73-3 the obligor's spouse. If the court finds that:
73-4 (1) the property is the separate property of the
73-5 obligor's spouse, the court shall order that the lien against the
73-6 property be released and that any action to foreclose on the
73-7 property be dismissed; or
73-8 (2) the property is jointly owned by the obligor and
73-9 the obligor's spouse, the court shall determine whether the sale of
73-10 the obligor's interest in the property would result in an
73-11 unreasonable hardship on the obligor's spouse or family and:
73-12 (A) if so, the court shall render an order that
73-13 the obligor's interest in the property not be sold and that the
73-14 lien against the property should be released; or
73-15 (B) if not, the court shall render an order that
73-16 the property be sold consistent with the provisions of this
73-17 subchapter.
73-18 (c) In a proceeding under this subsection in which the
73-19 spouse of the obligor claims by affidavit an ownership interest in
73-20 the property, the claimant has the burden to prove the extent of
73-21 the obligor's ownership interest.
73-22 (Sections 157.327-157.370 reserved for expansion)
73-23 SUBCHAPTER H. HABEAS CORPUS
73-24 Sec. 157.371. JURISDICTION. (a) The relator may file a
73-25 petition for a writ of habeas corpus in either the court of
73-26 continuing, exclusive jurisdiction or in a court with jurisdiction
73-27 to issue a writ of habeas corpus in the county in which the child
73-28 is found.
73-29 (b) Although a habeas corpus proceeding is not a suit
73-30 affecting the parent-child relationship, the court may refer to the
73-31 provisions of this title for definitions and procedures as
73-32 appropriate.
73-33 Sec. 157.372. RETURN OF CHILD. (a) Subject to Chapter 152
73-34 and the Parental Kidnapping Prevention Act (28 U.S.C. Section
73-35 1738A), if the right to possession of a child is governed by a
73-36 court order, the court in a habeas corpus proceeding involving the
73-37 right to possession of the child shall compel return of the child
73-38 to the relator only if the court finds that the relator is entitled
73-39 to possession under the order.
73-40 (b) If the court finds that the previous order was granted
73-41 by a court that did not give the contestants reasonable notice of
73-42 the proceeding and an opportunity to be heard, the court may not
73-43 render an order in the habeas corpus proceeding compelling return
73-44 of the child on the basis of that order.
73-45 Sec. 157.373. RELATOR RELINQUISHED POSSESSION; TEMPORARY
73-46 ORDERS. (a) If the relator has by consent or acquiescence
73-47 relinquished actual possession and control of the child for not
73-48 less than 6 months preceding the date of the filing of the petition
73-49 for the writ, the court may either compel or refuse to order return
73-50 of the child.
73-51 (b) The court may disregard brief periods of possession and
73-52 control by the relator during the 6-month period.
73-53 (c) In a suit in which the court does not compel return of
73-54 the child, the court may issue temporary orders under Chapter 105
73-55 if a suit affecting the parent-child relationship is pending and
73-56 the parties have received notice of a hearing on temporary orders
73-57 set for the same time as the habeas corpus proceeding.
73-58 Sec. 157.374. WELFARE OF CHILD. Notwithstanding any other
73-59 provision of this subchapter, the court may render an appropriate
73-60 temporary order if there is a serious immediate question concerning
73-61 the welfare of the child.
73-62 Sec. 157.375. IMMUNITY TO CIVIL PROCESS. (a) While in this
73-63 state for the sole purpose of compelling the return of a child
73-64 through a habeas corpus proceeding, the relator is not amenable to
73-65 civil process and is not subject to the jurisdiction of any civil
73-66 court except the court in which the writ is pending. The relator
73-67 is subject to process and jurisdiction in that court only for the
73-68 purpose of prosecuting the writ.
73-69 (b) A request by the relator for costs, attorney's fees, and
73-70 necessary travel and other expenses under Chapter 106 or 152 is not
74-1 a waiver of immunity to civil process.
74-2 Sec. 157.376. NO EXISTING ORDER. (a) If the right to
74-3 possession of a child is not governed by an order, the court in a
74-4 habeas corpus proceeding involving the right of possession of the
74-5 child:
74-6 (1) shall compel return of the child to the parent if
74-7 the right of possession is between a parent and a nonparent and a
74-8 suit affecting the parent-child relationship has not been filed; or
74-9 (2) may either compel return of the child or issue
74-10 temporary orders under Chapter 105 if a suit affecting the
74-11 parent-child relationship is pending and the parties have received
74-12 notice of a hearing on temporary orders set for the same time as
74-13 the habeas corpus proceeding.
74-14 (b) The court may not use a habeas corpus proceeding to
74-15 adjudicate the right of possession of a child between two parents
74-16 or between two or more nonparents.
74-17 (Sections 157.377-157.420 reserved for expansion)
74-18 SUBCHAPTER I. CLARIFICATION OF ORDERS
74-19 Sec. 157.421. CLARIFYING NONSPECIFIC ORDER. (a) A court may
74-20 clarify an order rendered by the court in a proceeding under this
74-21 title if the court finds, on the motion of a party or on the
74-22 court's own motion, that the order is not specific enough to be
74-23 enforced by contempt.
74-24 (b) The court shall clarify the order by rendering an order
74-25 that is specific enough to be enforced by contempt.
74-26 (c) A clarified order does not affect the finality of the
74-27 order that it clarifies.
74-28 Sec. 157.422. PROCEDURE. (a) The procedure for filing a
74-29 motion for enforcement of a final order applies to a motion for
74-30 clarification.
74-31 (b) A person is not entitled to a jury in a proceeding under
74-32 this subchapter.
74-33 Sec. 157.423. SUBSTANTIVE CHANGE NOT ENFORCEABLE. (a) A
74-34 court may not change the substantive provisions of an order to be
74-35 clarified under this subchapter.
74-36 (b) A substantive change made by a clarification order is
74-37 not enforceable.
74-38 Sec. 157.424. RELATION TO MOTION FOR CONTEMPT. The court
74-39 may render a clarification order before a motion for contempt is
74-40 made or heard, in conjunction with a motion for contempt, or after
74-41 the denial of a motion for contempt.
74-42 Sec. 157.425. ORDER NOT RETROACTIVE. The court may not
74-43 provide that a clarification order is retroactive for the purpose
74-44 of enforcement by contempt.
74-45 Sec. 157.426. TIME ALLOWED TO COMPLY. (a) In a
74-46 clarification order, the court shall provide a reasonable time for
74-47 compliance.
74-48 (b) The clarification order may be enforced by contempt
74-49 after the time for compliance has expired.
74-50 CHAPTER 158. WITHHOLDING FROM EARNINGS FOR CHILD SUPPORT
74-51 SUBCHAPTER A. INCOME WITHHOLDING REQUIRED; GENERAL PROVISIONS
74-52 Sec. 158.001. INCOME WITHHOLDING IN ORIGINAL SUIT. Except
74-53 for good cause shown or on agreement of the parties, in a
74-54 proceeding in which periodic payments of child support are ordered
74-55 or modified, the court shall order that income be withheld from the
74-56 disposable earnings of the obligor as provided by this chapter.
74-57 Sec. 158.002. INCOME WITHHOLDING IN SUBSEQUENT ACTION. The
74-58 court shall order income withholding in a motion for enforcement if
74-59 the court finds that at the time of filing of the motion:
74-60 (1) the obligor has been in arrears for an amount due
74-61 for more than 30 days; and
74-62 (2) the amount of the arrearages is an amount equal to
74-63 or greater than the amount due for a one-month period.
74-64 Sec. 158.003. WITHHOLDING FOR ARREARAGES IN ADDITION TO
74-65 CURRENT SUPPORT. (a) In addition to income withheld for the
74-66 current support of a child, the court shall order that income be
74-67 withheld from the disposable earnings of the obligor to be applied
74-68 toward the liquidation of any child support arrearages, including
74-69 accrued interest as provided in Chapter 157.
74-70 (b) The additional amount to be withheld for arrearages
75-1 shall be an amount sufficient to discharge those arrearages in not
75-2 more than two years or an additional 20 percent added to the amount
75-3 of the current monthly support order, whichever amount will result
75-4 in the arrearages being discharged in the least amount of time.
75-5 Sec. 158.004. WITHHOLDING FOR ARREARAGES WHEN NO CURRENT
75-6 SUPPORT IS DUE. If current support is no longer owed, the court
75-7 shall order that income be withheld for arrearages, including
75-8 accrued interest as provided in Chapter 157, in an amount
75-9 sufficient to discharge those arrearages in not more than two
75-10 years.
75-11 Sec. 158.005. WITHHOLDING TO SATISFY JUDGMENT FOR
75-12 ARREARAGES. In rendering a cumulative judgment for arrearages, the
75-13 court shall order that a reasonable amount of income be withheld
75-14 from the disposable earnings of the obligor to be applied toward
75-15 the satisfaction of the judgment.
75-16 Sec. 158.006. INCOME WITHHOLDING IN TITLE IV-D SUITS. In a
75-17 Title IV-D case, the court shall order that income be withheld from
75-18 the disposable earnings of the obligor and that all child support
75-19 payments be paid through a local registry or directly to the Title
75-20 IV-D agency.
75-21 Sec. 158.007. EXTENSION OF REPAYMENT SCHEDULE BY COURT;
75-22 UNREASONABLE HARDSHIP. If the court finds that the schedule for
75-23 discharging arrearages would cause the obligor, the obligor's
75-24 family, or children for whom support is due from the obligor to
75-25 suffer unreasonable hardship, the court may extend the payment
75-26 period for a reasonable length of time.
75-27 Sec. 158.008. PRIORITY OF WITHHOLDING. An order or writ of
75-28 withholding has priority over any garnishment, attachment,
75-29 execution, or other assignment or order affecting disposable
75-30 earnings.
75-31 Sec. 158.009. MAXIMUM AMOUNT WITHHELD FROM EARNINGS. An
75-32 order or writ of withholding shall direct that any employer of the
75-33 obligor withhold from the obligor's disposable earnings the amount
75-34 specified in the order up to a maximum amount of 50 percent of the
75-35 obligor's disposable earnings.
75-36 Sec. 158.010. ORDER OR WRIT BINDING ON EMPLOYER DOING
75-37 BUSINESS IN STATE. An order or writ of withholding delivered to an
75-38 employer doing business in this state is binding on the employer
75-39 without regard to whether the obligor resides or works outside this
75-40 state.
75-41 (Sections 158.011-158.100 reserved for expansion)
75-42 SUBCHAPTER B. PROCEDURE
75-43 Sec. 158.101. APPLICABILITY OF PROCEDURE. Except as
75-44 otherwise provided in this chapter, the procedure for a motion for
75-45 enforcement of child support as provided in Chapter 157 applies to
75-46 an action for income withholding.
75-47 Sec. 158.102. TIME LIMITATIONS. The court retains
75-48 jurisdiction to render an order that provides for income to be
75-49 withheld from the disposable earnings of the obligor if the motion
75-50 for income withholding is filed not later than the fourth
75-51 anniversary of the date:
75-52 (1) the child becomes an adult;
75-53 (2) the child support obligation terminates as
75-54 provided in the order or by operation of law; or
75-55 (3) an order of withholding was rendered or a writ of
75-56 withholding was issued and arrearages have not been fully
75-57 discharged.
75-58 Sec. 158.103. CONTENTS OF ORDER OF WITHHOLDING. An order of
75-59 withholding shall state:
75-60 (1) the style, cause number, and court having
75-61 continuing jurisdiction of the suit;
75-62 (2) the name, address, and, if available, the social
75-63 security number of the obligor;
75-64 (3) the amount and duration of the child support
75-65 payments;
75-66 (4) the name, address, and, if available, the social
75-67 security numbers of the child and the obligee;
75-68 (5) the name and address of the person or agency to
75-69 whom the payments shall be made;
75-70 (6) that the obligor is required to notify the court
76-1 promptly of any change affecting the order; and
76-2 (7) that the ordered amount shall be paid to a local
76-3 registry or the Title IV-D agency.
76-4 Sec. 158.104. REQUEST FOR ISSUANCE OF ORDER OR WRIT OF
76-5 WITHHOLDING. A request for issuance of an order or writ of
76-6 withholding may be filed with the clerk of the court by the
76-7 prosecuting attorney, the Title IV-D agency, the obligor, or the
76-8 obligee.
76-9 Sec. 158.105. ISSUANCE AND DELIVERY OF ORDER OR WRIT OF
76-10 WITHHOLDING. (a) On filing a request for issuance of an order or
76-11 writ of withholding, the clerk of the court shall cause a certified
76-12 copy of the order or writ to be delivered to the obligor's current
76-13 employer or to any subsequent employer of the obligor.
76-14 (b) In order to inform the employer, the clerk shall attach
76-15 a copy of this subchapter to the order or writ.
76-16 (c) The clerk shall issue and mail the certified copy of the
76-17 order or writ not later than the fourth working day after the date
76-18 the order is signed or the request is filed, whichever is later.
76-19 (d) An order or writ of withholding shall be delivered to
76-20 the employer by certified or registered mail, return receipt
76-21 requested, or by service of citation to:
76-22 (1) the person authorized to receive service of
76-23 process for the employer in civil cases generally; or
76-24 (2) a person designated by the employer, by written
76-25 notice to the clerk, to receive orders or notices of withholding.
76-26 Sec. 158.106. FORMS FOR INCOME WITHHOLDING. (a) The Title
76-27 IV-D agency shall prescribe a form for:
76-28 (1) the order of withholding that is sufficient if
76-29 rendered by a court in substantially the prescribed manner;
76-30 (2) a notice of withholding; and
76-31 (3) a writ of withholding that is sufficient when
76-32 issued by the clerk of the court substantially in the manner
76-33 provided by Subchapter E.
76-34 (b) The Title IV-D agency shall make the appropriate forms
76-35 available to obligors, obligees, domestic relations offices,
76-36 friends of the court, and private attorneys.
76-37 (c) The Title IV-D agency may prescribe additional forms for
76-38 the efficient collection of child support and to promote the
76-39 administration of justice for all parties.
76-40 (Sections 158.107-158.200 reserved for expansion)
76-41 SUBCHAPTER C. RIGHTS AND DUTIES OF EMPLOYER
76-42 Sec. 158.201. NOTICE TO EMPLOYER. An employer who may be
76-43 directed to withhold income from earnings as provided by this
76-44 chapter need not be given notice of the proceedings before the
76-45 order or writ of withholding is issued.
76-46 Sec. 158.202. EFFECTIVE DATE OF AND DURATION OF WITHHOLDING.
76-47 An employer shall begin to withhold income in accordance with an
76-48 order or writ of withholding not later than the first pay period
76-49 following the date on which the order or writ was delivered to the
76-50 employer and shall continue to withhold income as provided in the
76-51 order or writ as long as the obligor is employed by the employer.
76-52 Sec. 158.203. REMITTING WITHHELD PAYMENTS. The employer
76-53 shall remit the amount to be withheld to the person or office named
76-54 in the order or writ on each pay date. The payment must include
76-55 the date on which the withholding occurred.
76-56 Sec. 158.204. EMPLOYER MAY DEDUCT FEE FROM EARNINGS. An
76-57 employer may deduct an administrative fee of not more than $5 each
76-58 month from the obligor's disposable earnings in addition to the
76-59 amount to be withheld as child support.
76-60 Sec. 158.205. HEARING REQUESTED BY EMPLOYER. (a) Not later
76-61 than the 20th day after the date an order or writ of withholding is
76-62 delivered, the employer may file a motion for a hearing on the
76-63 applicability of the order or writ to the employer.
76-64 (b) The hearing under this section shall be held not later
76-65 than the 15th day after the date the motion was filed.
76-66 (c) An order or writ remains binding and payments shall
76-67 continue to be made pending further order of the court.
76-68 Sec. 158.206. LIABILITY AND OBLIGATION OF EMPLOYER FOR
76-69 PAYMENTS. (a) An employer receiving an order or writ of
76-70 withholding who complies with the order or writ is not liable to
77-1 the obligor for the amount of income withheld and paid as provided
77-2 in the order or writ.
77-3 (b) An employer receiving an order or writ of withholding
77-4 who does not comply with the order or writ is liable:
77-5 (1) to the obligee for the amount not paid in
77-6 compliance with the order or writ, including the amount the obligor
77-7 is required to pay for health insurance under Chapter 154;
77-8 (2) to the obligor for the amount withheld and not
77-9 paid; and
77-10 (3) for reasonable attorney's fees and court costs.
77-11 Sec. 158.207. EMPLOYER RECEIVING MORE THAN ONE ORDER OR
77-12 WRIT. (a) An employer receiving two or more orders or writs for
77-13 one obligor shall comply with each order or writ to the extent
77-14 possible.
77-15 (b) If the total amount due under the orders or writs
77-16 exceeds the maximum amount allowed to be withheld under Section
77-17 158.009, the employer shall pay an equal amount towards the current
77-18 support portion of all orders or writs until the employer has
77-19 complied fully with each order or writ and, thereafter, equal
77-20 amounts on the arrearages until the employer has complied with each
77-21 order or writ, or until the maximum total amount of allowed
77-22 withholding is reached, whichever occurs first.
77-23 Sec. 158.208. EMPLOYER MAY COMBINE AMOUNTS WITHHELD. An
77-24 employer required to withhold from more than one obligor may
77-25 combine the amounts withheld and make a single payment to each
77-26 agency designated if the employer separately identifies the amount
77-27 of the payment that is attributable to each obligor.
77-28 Sec. 158.209. EMPLOYER'S PENALTY FOR DISCRIMINATORY HIRING
77-29 OR DISCHARGE. (a) An employer may not use an order or writ of
77-30 withholding as grounds in whole or part for the termination of
77-31 employment or for any other disciplinary action against an
77-32 employee.
77-33 (b) An employer may not refuse to hire an employee because
77-34 of an order or writ of withholding.
77-35 (c) If an employer intentionally discharges an employee in
77-36 violation of this section, the employer continues to be liable to
77-37 the employee for current wages and other benefits and for
77-38 reasonable attorney's fees and court costs incurred by the employee
77-39 in enforcing the employee's rights as provided in this section.
77-40 (d) An action under this section may be brought only by the
77-41 employee.
77-42 Sec. 158.210. FINE FOR NONCOMPLIANCE. (a) In addition to
77-43 the civil remedies provided by this subchapter or any other remedy
77-44 provided by law, an employer who knowingly violates the provisions
77-45 of this chapter may be subject to a fine not to exceed $200 for
77-46 each occurrence in which the employer fails to withhold.
77-47 (b) A fine recovered under this section shall be paid to the
77-48 obligee and credited against any amounts owed by the obligor.
77-49 Sec. 158.211. NOTICE OF TERMINATION OF EMPLOYMENT AND OF NEW
77-50 EMPLOYMENT. (a) If an obligor terminates employment with an
77-51 employer who has been withholding income, both the obligor and the
77-52 employer shall notify the court and the obligee of that fact not
77-53 later than the seventh day after the date employment terminated and
77-54 shall provide the obligor's last known address and the name and
77-55 address of the obligor's new employer, if known.
77-56 (b) The obligor has a continuing duty to inform any
77-57 subsequent employer of the order or writ of withholding after
77-58 obtaining employment.
77-59 (Sections 158.212-158.300 reserved for expansion)
77-60 SUBCHAPTER D. WRIT OF WITHHOLDING
77-61 Sec. 158.301. NOTICE OF WITHHOLDING; FILING. (a) A notice
77-62 of withholding may be filed if:
77-63 (1) a delinquency occurs in child support payments in
77-64 an amount equal to or greater than the total support due for one
77-65 month; or
77-66 (2) income withholding was not ordered at the time
77-67 child support was ordered.
77-68 (b) The notice of withholding may be filed in the court of
77-69 continuing jurisdiction by:
77-70 (1) the Title IV-D agency;
78-1 (2) the attorney representing the local domestic
78-2 relations office;
78-3 (3) the attorney appointed a friend of the court as
78-4 provided in Chapter 202; or
78-5 (4) a private attorney representing the obligor or
78-6 obligee.
78-7 (c) The Title IV-D agency shall in a Title IV-D case file a
78-8 notice of withholding on request of the obligor or obligee.
78-9 Sec. 158.302. CONTENTS OF NOTICE OF WITHHOLDING. The notice
78-10 of withholding shall be verified and:
78-11 (1) state the amount of monthly support due, the
78-12 amount of arrearages or anticipated arrearages, including accrued
78-13 interest, and the amount of wages that will be withheld by the writ
78-14 of withholding;
78-15 (2) state that the withholding applies to each current
78-16 or subsequent employer or period of employment;
78-17 (3) state that if the obligor does not contest the
78-18 withholding within 10 days after the date of receipt of the notice
78-19 of withholding, the obligor's employer will be notified to begin
78-20 the withholding;
78-21 (4) describe the procedures for contesting the
78-22 issuance and delivery of a writ of withholding;
78-23 (5) state that if the obligor contests the
78-24 withholding, the obligor will be afforded an opportunity for a
78-25 hearing by the court not later than the 30th day after the date of
78-26 receipt of the notice of contest;
78-27 (6) state that the sole ground for successfully
78-28 contesting the issuance of a notice of withholding is a dispute
78-29 concerning the identity of the obligor or the existence or amount
78-30 of the arrearages, including accrued interest;
78-31 (7) describe the actions that the attorney will take
78-32 if the obligor contests the withholding, including the procedures
78-33 for suspending issuance of a writ of withholding; and
78-34 (8) include with the notice a suggested form for the
78-35 motion to stay issuance and delivery of the writ of withholding
78-36 that the obligor may file with the clerk of the appropriate court.
78-37 Sec. 158.303. INTERSTATE REQUEST FOR INCOME WITHHOLDING.
78-38 (a) In a Title IV-D case, the registration of a foreign support
78-39 order as provided in Chapter 160 is sufficient for the filing of a
78-40 notice of withholding.
78-41 (b) The notice shall be filed with the clerk of the court
78-42 having venue as provided in Chapter 160.
78-43 (c) Notice of withholding may be delivered to the obligor at
78-44 the same time that an order is filed for registration under Chapter
78-45 160.
78-46 Sec. 158.304. ANTICIPATED VIOLATIONS. If the notice of
78-47 withholding claims that the obligor has repeatedly violated the
78-48 order, the movant may plead anticipated future violations of a
78-49 similar nature may arise between the filing of the notice and the
78-50 date of the hearing or the issuance of a writ of withholding.
78-51 Sec. 158.305. TIME LIMITATIONS. A notice of withholding
78-52 must be filed not later than the fourth anniversary of the date:
78-53 (1) the child becomes an adult;
78-54 (2) the child support obligation terminates as
78-55 provided in the decree or order or by operation of law; or
78-56 (3) an order of withholding was rendered or a writ of
78-57 withholding was issued and arrearages have not been discharged.
78-58 Sec. 158.306. DELIVERY OF NOTICE OF WITHHOLDING; TIME OF
78-59 DELIVERY. (a) A notice of withholding may be delivered to the
78-60 obligor by:
78-61 (1) hand delivery by a person designated by the Title
78-62 IV-D agency or local domestic relations office;
78-63 (2) first-class or certified mail, return receipt
78-64 requested, addressed to the obligor's last known address or place
78-65 of employment; or
78-66 (3) by service of citation as in civil cases
78-67 generally.
78-68 (b) If the notice is delivered by mailing or hand delivery,
78-69 the attorney who filed the notice shall file with the court a
78-70 certificate stating the name, address, and date on which the
79-1 mailing or hand delivery was made.
79-2 (c) Notice is considered to have been received by the
79-3 obligor:
79-4 (1) if hand delivered, on the date of delivery;
79-5 (2) if mailed by certified mail, on the date of
79-6 receipt;
79-7 (3) if mailed by first-class mail, on the 10th day
79-8 after the date the notice was mailed; or
79-9 (4) if delivered by service of citation, on the date
79-10 of service.
79-11 Sec. 158.307. MOTION TO STAY ISSUANCE OF WRIT OF
79-12 WITHHOLDING. (a) The obligor may stay issuance of a writ of
79-13 withholding by filing a motion to stay issuance with the clerk of
79-14 court not later than the 10th day after the date the notice was
79-15 received.
79-16 (b) The grounds for filing a motion to stay issuance are
79-17 limited to a dispute concerning the identity of the obligor or the
79-18 existence or the amount of the arrearages.
79-19 (c) The obligor shall verify that statements of fact in the
79-20 motion to stay issuance of the writ are true and correct.
79-21 Sec. 158.308. EFFECT OF FILING MOTION TO STAY. The filing
79-22 of a motion to stay issuance by an obligor in the manner provided
79-23 by Section 158.307 prohibits the clerk of court from delivering the
79-24 writ of income withholding to any employer of the obligor before a
79-25 hearing is held.
79-26 Sec. 158.309. HEARING ON MOTION TO STAY. (a) If a motion
79-27 to stay issuance is filed in the manner provided by Section
79-28 158.307, the court shall set a hearing on the motion and the clerk
79-29 of court shall notify the obligor, obligee, or their authorized
79-30 representatives, and the attorney who filed the notice of
79-31 withholding of the date, time, and place of the hearing.
79-32 (b) The court shall hold a hearing on the motion to stay not
79-33 later than the 30th day after the date the motion was filed.
79-34 (c) After the hearing, the court shall render an order for
79-35 income withholding or deny the requested relief not later than the
79-36 45th day after the date the notice of withholding was received by
79-37 the obligor.
79-38 Sec. 158.310. SPECIAL EXCEPTIONS. (a) A defect in a notice
79-39 of withholding is waived unless the respondent specially excepts in
79-40 writing and cites with particularity the alleged defect, obscurity,
79-41 or other ambiguity in the notice.
79-42 (b) A special exception under this section must be heard by
79-43 the court before hearing the motion to stay issuance.
79-44 (c) If the court sustains an exception, the court shall
79-45 provide the attorney filing the notice of withholding an
79-46 opportunity to refile the notice and the court shall continue the
79-47 hearing to a date certain without the requirement of additional
79-48 service.
79-49 Sec. 158.311. ARREARAGES. (a) Payment of arrearages after
79-50 receipt of notice of withholding may not be the sole basis for the
79-51 court to refuse to order withholding.
79-52 (b) The court shall order that a reasonable amount of income
79-53 be withheld to be applied toward the liquidation of arrearages,
79-54 even though a judgment confirming arrearages has been rendered
79-55 against the obligor.
79-56 Sec. 158.312. REQUEST FOR ISSUANCE AND DELIVERY OF WRIT OF
79-57 WITHHOLDING. (a) If a notice of withholding is delivered and a
79-58 motion to stay is not filed within the time limits provided by
79-59 Section 158.307, the attorney who filed the notice of withholding
79-60 shall file a request for issuance of the writ of withholding by the
79-61 clerk of the court.
79-62 (b) The request for issuance may not be filed before the
79-63 11th day after the date of receipt of the notice of withholding by
79-64 the obligor.
79-65 Sec. 158.313. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING.
79-66 (a) On the filing of a request for issuance of a writ of
79-67 withholding, the clerk of the court shall issue the writ.
79-68 (b) The writ shall be delivered as provided by Subchapter B.
79-69 (c) The clerk shall issue and mail the writ not later than
79-70 the second working day after the date the request is filed.
80-1 Sec. 158.314. CONTENTS OF WRIT OF WITHHOLDING. The writ of
80-2 income withholding must direct the employer or a subsequent
80-3 employer to withhold from the obligor's disposable income for
80-4 current child support and child support arrearages an amount that
80-5 is consistent with the provisions of this chapter regarding orders
80-6 of withholding.
80-7 Sec. 158.315. EXTENSION OF REPAYMENT SCHEDULE BY ATTORNEY;
80-8 UNREASONABLE HARDSHIP. If the attorney who filed the notice of
80-9 withholding finds that the schedule for repaying arrearages would
80-10 cause the obligor, the obligor's family, or the children for whom
80-11 the support is due from the obligor to suffer unreasonable
80-12 hardship, the attorney may extend the payment period in the writ.
80-13 Sec. 158.316. PAYMENT OF AMOUNT TO BE WITHHELD. The amount
80-14 to be withheld shall be paid to the person or office named in the
80-15 writ on each pay date and shall include with the payment the date
80-16 on which the withholding occurred.
80-17 Sec. 158.317. FAILURE TO RECEIVE NOTICE OF WITHHOLDING.
80-18 (a) Not later than the 30th day after the date of the first pay
80-19 period following the date of delivery of the writ to the obligor's
80-20 employer, the obligor may file an affidavit with the court that a
80-21 motion to stay issuance and delivery was not timely filed because
80-22 the notice of withholding was not received by the obligor and that
80-23 grounds exist for a motion to stay issuance and delivery.
80-24 (b) Concurrently with the filing of the affidavit, the
80-25 obligor may file a motion to withdraw the writ of income
80-26 withholding and request a hearing on the notice of delinquency.
80-27 (c) Income withholding may not be interrupted until after
80-28 the hearing at which the court renders an order denying or
80-29 modifying withholding.
80-30 (Sections 158.318-158.400 reserved for expansion)
80-31 SUBCHAPTER E. MODIFICATION, REDUCTION,
80-32 OR TERMINATION OF WITHHOLDING
80-33 Sec. 158.401. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
80-34 BY TITLE IV-D AGENCY. (a) The Title IV-D agency shall establish
80-35 procedures for the reduction in the amount of or termination of
80-36 withholding from income on the liquidation of an arrearages or the
80-37 termination of the obligation of support in Title IV-D cases. The
80-38 procedures shall provide that the payment of overdue support may
80-39 not be used as the sole basis for terminating withholding.
80-40 (b) The Title IV-D agency shall cause the clerk of the court
80-41 to issue and to deliver a writ of withholding to the obligor's
80-42 employer reflecting any modification or changes in the amount to be
80-43 withheld or the termination of withholding.
80-44 Sec. 158.402. DELIVERY OF ORDER OF REDUCTION OR TERMINATION
80-45 OF WITHHOLDING. If a court has rendered an order that reduces the
80-46 amount of child support to be withheld or terminates withholding
80-47 for child support, any person or governmental entity may deliver to
80-48 the employer a certified copy of the order without the requirement
80-49 that the clerk of the court deliver the order.
80-50 Sec. 158.403. LIABILITY OF EMPLOYERS. The provisions of
80-51 this chapter regarding the liability of employers for withholding
80-52 apply to an order that reduces or terminates withholding.
80-53 CHAPTER 159. UNIFORM INTERSTATE FAMILY SUPPORT ACT
80-54 SUBCHAPTER A. CONFLICTS BETWEEN PROVISIONS
80-55 Sec. 159.001. CONFLICTS BETWEEN PROVISIONS. If a provision
80-56 of this chapter conflicts with a provision of this title or another
80-57 statute or rule of this state and the conflict cannot be
80-58 reconciled, this chapter prevails.
80-59 (Sections 159.002-159.100 reserved for expansion)
80-60 SUBCHAPTER B. GENERAL PROVISIONS
80-61 Sec. 159.101. DEFINITIONS. In this chapter:
80-62 (1) "Child" means an individual, whether over or under
80-63 the age of majority, who:
80-64 (A) is or is alleged to be owed a duty of
80-65 support by the individual's parent; or
80-66 (B) is or is alleged to be the beneficiary of a
80-67 support order directed to the parent.
80-68 (2) "Child support order" means a support order for a
80-69 child, including a child who has attained the age of majority under
80-70 the law of the issuing state.
81-1 (3) "Duty of support" means an obligation imposed or
81-2 imposable by law to provide support for a child, spouse, or former
81-3 spouse, including an unsatisfied obligation to provide support.
81-4 (4) "Home state" means the state in which a child
81-5 lived with a parent or a person acting as parent for at least six
81-6 consecutive months preceding the time of filing of a petition or a
81-7 comparable pleading for support and, if a child is less than six
81-8 months old, the state in which the child lived with a parent or a
81-9 person acting as parent from the time of birth. A period of
81-10 temporary absence of any of them is counted as part of the
81-11 six-month or other period.
81-12 (5) "Income" includes earnings or other periodic
81-13 entitlements to money from any source and any other property
81-14 subject to withholding for support under the law of this state.
81-15 (6) "Income-withholding order" means an order or other
81-16 legal process directed to an obligor's employer, as provided in
81-17 Chapter 158, to withhold support from the income of the obligor.
81-18 (7) "Initiating state" means a state in which a
81-19 proceeding under this chapter or a law substantially similar to
81-20 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
81-21 the Revised Uniform Reciprocal Enforcement of Support Act is filed
81-22 for forwarding to a responding state.
81-23 (8) "Initiating tribunal" means the authorized
81-24 tribunal in an initiating state.
81-25 (9) "Issuing state" means the state in which a
81-26 tribunal issues a support order or renders a judgment determining
81-27 parentage.
81-28 (10) "Issuing tribunal" means the tribunal that issues
81-29 a support order or renders a judgment determining parentage.
81-30 (11) "Law" includes decisional and statutory law and
81-31 rules and regulations having the force of law.
81-32 (12) "Obligee" means:
81-33 (A) an individual to whom a duty of support is
81-34 or is alleged to be owed or in whose favor a support order has been
81-35 issued or a judgment determining parentage has been rendered;
81-36 (B) a state or political subdivision to which
81-37 the rights under a duty of support or support order have been
81-38 assigned or that has independent claims based on financial
81-39 assistance provided to an individual obligee; or
81-40 (C) an individual seeking a judgment determining
81-41 parentage of the individual's child.
81-42 (13) "Obligor" means an individual or the estate of a
81-43 decedent:
81-44 (A) who owes or is alleged to owe a duty of
81-45 support;
81-46 (B) who is alleged but has not been adjudicated
81-47 to be a parent of a child; or
81-48 (C) who is liable under a support order.
81-49 (14) "Register" means to file a support order or
81-50 judgment determining parentage in the registry of foreign support
81-51 orders.
81-52 (15) "Registering tribunal" means a tribunal in which
81-53 a support order is registered.
81-54 (16) "Responding state" means a state to which a
81-55 proceeding is forwarded under this chapter or a law substantially
81-56 similar to this chapter, the Uniform Reciprocal Enforcement of
81-57 Support Act, or the Revised Uniform Reciprocal Enforcement of
81-58 Support Act.
81-59 (17) "Responding tribunal" means the authorized
81-60 tribunal in a responding state.
81-61 (18) "Spousal support order" means a support order for
81-62 a spouse or former spouse of the obligor.
81-63 (19) "State" means a state of the United States, the
81-64 District of Columbia, the Commonwealth of Puerto Rico, or any
81-65 territory or insular possession subject to the jurisdiction of the
81-66 United States. The term includes an Indian tribe and a foreign
81-67 jurisdiction that has established procedures for issuance and
81-68 enforcement of support orders that are substantially similar to the
81-69 procedures under this chapter.
81-70 (20) "Support enforcement agency" means a public
82-1 official or agency authorized to seek:
82-2 (A) enforcement of support orders or laws
82-3 relating to the duty of support;
82-4 (B) establishment or modification of child
82-5 support;
82-6 (C) determination of parentage; or
82-7 (D) the location of obligors or their assets.
82-8 "Support enforcement agency" does not include a
82-9 domestic relations office unless that office has entered into a
82-10 cooperative agreement with the Title IV-D agency to perform duties
82-11 under this chapter.
82-12 (21) "Support order" means a judgment, decree, or
82-13 order, whether temporary, final, or subject to modification, for
82-14 the benefit of a child, a spouse, or a former spouse that provides
82-15 for monetary support, health care, arrearages, or reimbursement and
82-16 may include related costs and fees, interest, income withholding,
82-17 attorney's fees, and other relief.
82-18 (22) "Tribunal" means a court, administrative agency,
82-19 or quasi-judicial entity authorized to establish, enforce, or
82-20 modify support orders or to determine parentage.
82-21 Sec. 159.102. TRIBUNAL OF THIS STATE. The court is the
82-22 tribunal of this state.
82-23 Sec. 159.103. REMEDIES CUMULATIVE. Remedies provided in
82-24 this chapter are cumulative and do not affect the availability of
82-25 remedies under other law.
82-26 (Sections 159.104-159.200 reserved for expansion)
82-27 SUBCHAPTER C. JURISDICTION
82-28 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
82-29 proceeding to establish, enforce, or modify a support order or to
82-30 determine parentage, a tribunal of this state may exercise personal
82-31 jurisdiction over a nonresident individual or the individual's
82-32 guardian or conservator if:
82-33 (1) the individual is personally served with citation
82-34 in this state;
82-35 (2) the individual submits to the jurisdiction of this
82-36 state by consent, by entering a general appearance, or by filing a
82-37 responsive document having the effect of waiving any contest to
82-38 personal jurisdiction;
82-39 (3) the individual resided with the child in this
82-40 state;
82-41 (4) the individual resided in this state and provided
82-42 prenatal expenses or support for the child;
82-43 (5) the child resides in this state as a result of the
82-44 acts or directives of the individual;
82-45 (6) the individual engaged in sexual intercourse in
82-46 this state and the child may have been conceived by that act of
82-47 intercourse; or
82-48 (7) there is any other basis consistent with the
82-49 constitutions of this state and the United States for the exercise
82-50 of personal jurisdiction.
82-51 Sec. 159.202. PROCEDURE WHEN EXERCISING JURISDICTION OVER
82-52 NONRESIDENT. A tribunal of this state exercising personal
82-53 jurisdiction over a nonresident under Section 159.201 may apply
82-54 Section 159.316 to receive evidence from another state and Section
82-55 159.318 to obtain discovery through a tribunal of another state.
82-56 In all other respects, Subchapters D-H do not apply and the
82-57 tribunal shall apply the procedural and substantive law of this
82-58 state, including the rules on choice of law other than those
82-59 established by this chapter.
82-60 Sec. 159.203. INITIATING AND RESPONDING TRIBUNAL OF THIS
82-61 STATE. Under this chapter, a tribunal of this state may serve as
82-62 an initiating tribunal to forward proceedings to another state and
82-63 as a responding tribunal for proceedings initiated in another
82-64 state.
82-65 Sec. 159.204. SIMULTANEOUS PROCEEDINGS IN ANOTHER STATE.
82-66 (a) A tribunal of this state may exercise jurisdiction to
82-67 establish a support order if the petition or comparable pleading is
82-68 filed after a pleading is filed in another state only if:
82-69 (1) the petition or comparable pleading in this state
82-70 is filed before the expiration of the time allowed in the other
83-1 state for filing a responsive pleading challenging the exercise of
83-2 jurisdiction by the other state;
83-3 (2) the contesting party timely challenges the
83-4 exercise of jurisdiction in the other state; and
83-5 (3) if relevant, this state is the home state of the
83-6 child.
83-7 (b) A tribunal of this state may not exercise jurisdiction
83-8 to establish a support order if the petition or comparable pleading
83-9 is filed before a petition or comparable pleading is filed in
83-10 another state if:
83-11 (1) the petition or comparable pleading in the other
83-12 state is filed before the expiration of the time allowed in this
83-13 state for filing a responsive pleading challenging the exercise of
83-14 jurisdiction by this state;
83-15 (2) the contesting party timely challenges the
83-16 exercise of jurisdiction in this state; and
83-17 (3) if relevant, the other state is the home state of
83-18 the child.
83-19 Sec. 159.205. CONTINUING, EXCLUSIVE JURISDICTION. (a) A
83-20 tribunal of this state issuing a support order consistent with the
83-21 law of this state has continuing, exclusive jurisdiction over a
83-22 child support order:
83-23 (1) as long as this state remains the residence of the
83-24 obligor, the individual obligee, or the child for whose benefit the
83-25 support order is issued; or
83-26 (2) until each individual party has filed written
83-27 consent with the tribunal of this state for a tribunal of another
83-28 state to modify the order and assume continuing, exclusive
83-29 jurisdiction.
83-30 (b) A tribunal of this state issuing a child support order
83-31 consistent with the law of this state may not exercise its
83-32 continuing jurisdiction to modify the order if the order has been
83-33 modified by a tribunal of another state under a law substantially
83-34 similar to this chapter.
83-35 (c) If a child support order of this state is modified by a
83-36 tribunal of another state under a law substantially similar to this
83-37 chapter, a tribunal of this state loses its continuing, exclusive
83-38 jurisdiction with regard to prospective enforcement of the order
83-39 issued in this state and may only:
83-40 (1) enforce the order that was modified as to amounts
83-41 accruing before the modification;
83-42 (2) enforce nonmodifiable aspects of that order; and
83-43 (3) provide other appropriate relief for violations of
83-44 that order that occurred before the effective date of the
83-45 modification.
83-46 (d) A tribunal of this state shall recognize the continuing,
83-47 exclusive jurisdiction of a tribunal of another state that issued a
83-48 child support order under a law substantially similar to this
83-49 chapter.
83-50 (e) A temporary support order issued ex parte or pending
83-51 resolution of a jurisdictional conflict does not create continuing,
83-52 exclusive jurisdiction in the issuing tribunal.
83-53 (f) A tribunal of this state issuing a support order
83-54 consistent with the law of this state has continuing, exclusive
83-55 jurisdiction over a spousal support order throughout the existence
83-56 of the support obligation. A tribunal of this state may not modify
83-57 a spousal support order issued by a tribunal of another state
83-58 having continuing, exclusive jurisdiction over that order under the
83-59 law of that state.
83-60 Sec. 159.206. ENFORCEMENT AND MODIFICATION OF SUPPORT ORDER
83-61 BY TRIBUNAL HAVING CONTINUING JURISDICTION. (a) A tribunal of
83-62 this state may serve as an initiating tribunal to request a
83-63 tribunal of another state to enforce or modify a support order
83-64 issued in that state.
83-65 (b) A tribunal of this state having continuing, exclusive
83-66 jurisdiction over a support order may act as a responding tribunal
83-67 to enforce or modify the order. If a party subject to the
83-68 tribunal's continuing, exclusive jurisdiction no longer resides in
83-69 the issuing state, in subsequent proceedings the tribunal may apply
83-70 Section 159.316 to receive evidence from another state and Section
84-1 159.318 to obtain discovery through a tribunal of another state.
84-2 (c) A tribunal of this state that lacks continuing,
84-3 exclusive jurisdiction over a spousal support order may not serve
84-4 as a responding tribunal to modify a spousal support order of
84-5 another state.
84-6 Sec. 159.207. RECOGNITION OF CHILD SUPPORT ORDERS. (a) If
84-7 a proceeding is brought under this chapter and one or more child
84-8 support orders have been issued in this or another state with
84-9 regard to an obligor and a child, a tribunal of this state shall
84-10 apply the following rules in determining which order to recognize
84-11 for purposes of continuing, exclusive jurisdiction:
84-12 (1) if only one tribunal has issued a child support
84-13 order, the order of that tribunal must be recognized;
84-14 (2) if two or more tribunals have issued child support
84-15 orders for the same obligor and child and only one of the tribunals
84-16 would have continuing, exclusive jurisdiction under this chapter,
84-17 the order of that tribunal must be recognized;
84-18 (3) if two or more tribunals have issued child support
84-19 orders for the same obligor and child and more than one of the
84-20 tribunals would have continuing, exclusive jurisdiction under this
84-21 chapter, an order issued by a tribunal in the current home state of
84-22 the child must be recognized, but if an order has not been issued
84-23 in the current home state of the child, the order most recently
84-24 issued must be recognized; and
84-25 (4) if two or more tribunals have issued child support
84-26 orders for the same obligor and child and none of the tribunals
84-27 would have continuing, exclusive jurisdiction under this chapter,
84-28 the tribunal of this state may issue a child support order that
84-29 must be recognized.
84-30 (b) The tribunal that issues an order recognized under
84-31 Subsection (a) is the tribunal that has continuing, exclusive
84-32 jurisdiction.
84-33 Sec. 159.208. MULTIPLE CHILD SUPPORT ORDERS FOR TWO OR MORE
84-34 OBLIGEES. In responding to multiple registrations or petitions for
84-35 enforcement of two or more child support orders in effect at the
84-36 same time with regard to the same obligor and different individual
84-37 obligees, at least one of which was issued by a tribunal of another
84-38 state, a tribunal of this state shall enforce those orders in the
84-39 same manner as if the multiple orders had been issued by a tribunal
84-40 of this state.
84-41 Sec. 159.209. CREDIT FOR PAYMENTS. Amounts collected and
84-42 credited for a particular period under a support order issued by a
84-43 tribunal of another state must be credited against the amounts
84-44 accruing or accrued for the same period under a support order
84-45 issued by the tribunal of this state.
84-46 (Sections 159.210-159.300 reserved for expansion)
84-47 SUBCHAPTER D. CIVIL PROVISIONS OF GENERAL APPLICATION
84-48 Sec. 159.301. PROCEEDINGS UNDER THIS CHAPTER. (a) Except as
84-49 otherwise provided in this chapter, this subchapter applies to all
84-50 proceedings under this chapter.
84-51 (b) This chapter provides for the following proceedings:
84-52 (1) establishment of an order for spousal support or
84-53 child support under Section 159.401;
84-54 (2) enforcement of a support order and
84-55 income-withholding order of another state without registration
84-56 under Subchapter F;
84-57 (3) registration of an order for spousal support or
84-58 child support of another state for enforcement under Subchapter G;
84-59 (4) modification of an order for child support or
84-60 spousal support issued by a tribunal of this state under Sections
84-61 159.203-159.205;
84-62 (5) registration of an order for child support of
84-63 another state for modification under Subchapter G;
84-64 (6) determination of parentage under Subchapter H; and
84-65 (7) assertion of jurisdiction over nonresidents under
84-66 Sections 159.201 and 159.202.
84-67 (c) An individual or a support enforcement agency may
84-68 commence a proceeding authorized under this chapter by filing a
84-69 petition in an initiating tribunal for forwarding to a responding
84-70 tribunal or by filing a petition or a comparable pleading directly
85-1 in a tribunal of another state that has or that can obtain personal
85-2 jurisdiction over the respondent.
85-3 Sec. 159.302. ACTION BY MINOR PARENT. A minor parent or a
85-4 guardian or other legal representative of a minor parent may
85-5 maintain a proceeding on behalf of or for the benefit of the
85-6 minor's child.
85-7 Sec. 159.303. APPLICATION OF LAW OF THIS STATE. Except as
85-8 otherwise provided in this chapter, a responding tribunal of this
85-9 state shall:
85-10 (1) apply the procedural and substantive law,
85-11 including the rules on choice of law, generally applicable to
85-12 similar proceedings originating in this state and may exercise all
85-13 powers and provide all remedies available in those proceedings; and
85-14 (2) determine the duty of support and the amount
85-15 payable in accordance with the law and support guidelines of this
85-16 state.
85-17 Sec. 159.304. DUTIES OF INITIATING TRIBUNAL. On the filing
85-18 of a petition authorized by this chapter, an initiating tribunal of
85-19 this state shall forward three copies of the petition and its
85-20 accompanying documents:
85-21 (1) to the responding tribunal or appropriate support
85-22 enforcement agency in the responding state; or
85-23 (2) if the identity of the responding tribunal is
85-24 unknown, to the state information agency of the responding state
85-25 with a request that they be forwarded to the appropriate tribunal
85-26 and that receipt be acknowledged.
85-27 Sec. 159.305. DUTIES AND POWERS OF RESPONDING TRIBUNAL.
85-28 (a) When a responding tribunal of this state receives a petition
85-29 or comparable pleading from an initiating tribunal or directly
85-30 under Section 159.301(c), the responding tribunal shall cause the
85-31 petition or pleading to be filed and notify the petitioner by first
85-32 class mail where and when it was filed.
85-33 (b) A responding tribunal of this state, to the extent
85-34 otherwise authorized by law, may do one or more of the following:
85-35 (1) issue or enforce a support order, modify a child
85-36 support order, or render a judgment to determine parentage;
85-37 (2) order an obligor to comply with a support order
85-38 and specify the amount and the manner of compliance;
85-39 (3) order income withholding;
85-40 (4) determine the amount of any arrearages and specify
85-41 a method of payment;
85-42 (5) enforce orders by civil or criminal contempt, or
85-43 both;
85-44 (6) set aside property for satisfaction of the support
85-45 order;
85-46 (7) place liens and order execution on the obligor's
85-47 property, provided, however, a lien under this subdivision may not
85-48 arise or attach to real property until recorded in the real
85-49 property records of the county where the real property of the
85-50 obligor is located and shall be subordinate to the rights of prior
85-51 bona fide purchasers and lienholders on the real property;
85-52 (8) order an obligor to keep the tribunal informed of
85-53 the obligor's current residential address, telephone number,
85-54 employer, address of employment, and telephone number at the place
85-55 of employment;
85-56 (9) issue a bench warrant or capias for an obligor who
85-57 has failed after proper notice to appear at a hearing ordered by
85-58 the tribunal and enter the bench warrant or capias in any local and
85-59 state computer systems for criminal warrants;
85-60 (10) order the obligor to seek appropriate employment
85-61 by specified methods;
85-62 (11) award reasonable attorney's fees and other fees
85-63 and costs; and
85-64 (12) grant any other available remedy.
85-65 (c) A responding tribunal of this state shall include in a
85-66 support order issued under this chapter, or in the documents
85-67 accompanying the order, the calculations on which the support order
85-68 is based.
85-69 (d) A responding tribunal of this state may not condition
85-70 the payment of a support order issued under this chapter on
86-1 compliance by a party with provisions for visitation.
86-2 (e) If a responding tribunal of this state issues an order
86-3 under this chapter, the tribunal shall send a copy of the order by
86-4 first class mail to the petitioner and the respondent and to the
86-5 initiating tribunal, if any.
86-6 Sec. 159.306. INAPPROPRIATE TRIBUNAL. If a petition or
86-7 comparable pleading is received by an inappropriate tribunal of
86-8 this state, that tribunal shall forward the pleading and
86-9 accompanying documents to an appropriate tribunal in this state or
86-10 another state and notify the petitioner by first class mail where
86-11 and when the pleading was sent.
86-12 Sec. 159.307. DUTIES OF SUPPORT ENFORCEMENT AGENCY. (a) A
86-13 support enforcement agency of this state, on request, shall provide
86-14 services to a petitioner in a proceeding under this chapter.
86-15 (b) A support enforcement agency that provides services to
86-16 the petitioner as appropriate shall:
86-17 (1) take all steps necessary to enable an appropriate
86-18 tribunal in this state or another state to obtain jurisdiction over
86-19 the respondent;
86-20 (2) request an appropriate tribunal to set a date,
86-21 time, and place for a hearing;
86-22 (3) make a reasonable effort to obtain all relevant
86-23 information, including information as to income and property of the
86-24 parties;
86-25 (4) not later than the second day, excluding
86-26 Saturdays, Sundays, and legal holidays, after the date of receipt
86-27 of a written notice from an initiating, responding, or registering
86-28 tribunal, send a copy of the notice by first class mail to the
86-29 petitioner;
86-30 (5) not later than the second day, excluding
86-31 Saturdays, Sundays, and legal holidays, after the date of receipt
86-32 of a written communication from the respondent or the respondent's
86-33 attorney, send a copy of the communication by first class mail to
86-34 the petitioner; and
86-35 (6) notify the petitioner if jurisdiction over the
86-36 respondent cannot be obtained.
86-37 (c) This chapter does not create or negate a relationship of
86-38 attorney and client or other fiduciary relationship between a
86-39 support enforcement agency or the attorney for the agency and the
86-40 individual being assisted by the agency.
86-41 Sec. 159.308. DUTY OF ATTORNEY GENERAL. If the attorney
86-42 general determines that the support enforcement agency is
86-43 neglecting or refusing to provide services to an individual, the
86-44 attorney general may order the agency to perform its duties under
86-45 this chapter or may provide those services directly to the
86-46 individual.
86-47 Sec. 159.309. PRIVATE COUNSEL. An individual may employ
86-48 private counsel to represent the individual in proceedings
86-49 authorized by this chapter.
86-50 Sec. 159.310. DUTIES OF STATE INFORMATION AGENCY. (a) The
86-51 Title IV-D agency is the state information agency under this
86-52 chapter.
86-53 (b) The state information agency shall:
86-54 (1) compile and maintain a current list, including
86-55 addresses, of the tribunals in this state that have jurisdiction
86-56 under this chapter and any support enforcement agencies in this
86-57 state and send a copy to the state information agency of every
86-58 other state;
86-59 (2) maintain a register of tribunals and support
86-60 enforcement agencies received from other states;
86-61 (3) forward to the appropriate tribunal in the place
86-62 in this state where the individual obligee or the obligor resides,
86-63 or where the obligor's property is believed to be located, all
86-64 documents concerning a proceeding under this chapter received from
86-65 an initiating tribunal or the state information agency of the
86-66 initiating state; and
86-67 (4) obtain information concerning the location of the
86-68 obligor and the obligor's property in this state not exempt from
86-69 execution, by such means as postal verification and federal or
86-70 state locator services, examination of telephone directories,
87-1 requests for the obligor's address from employers, and examination
87-2 of governmental records, including, to the extent not prohibited by
87-3 other law, those relating to real property, vital statistics, law
87-4 enforcement, taxation, motor vehicles, driver's licenses, and
87-5 social security.
87-6 Sec. 159.311. PLEADINGS AND ACCOMPANYING DOCUMENTS. (a) A
87-7 petitioner seeking to establish or modify a support order or to
87-8 determine parentage in a proceeding under this chapter must verify
87-9 the petition. Unless otherwise ordered under Section 159.312, the
87-10 petition or accompanying documents must provide, so far as known,
87-11 the name, residential address, and social security numbers of the
87-12 obligor and the obligee and the name, sex, residential address,
87-13 social security number, and date of birth of each child for whom
87-14 support is sought. The petition must be accompanied by a certified
87-15 copy of any support order in effect. The petition may include any
87-16 other information that may assist in locating or identifying the
87-17 respondent.
87-18 (b) The petition must specify the relief sought. The
87-19 petition and accompanying documents must conform substantially with
87-20 the requirements imposed by the forms mandated by federal law for
87-21 use in cases filed by a support enforcement agency.
87-22 Sec. 159.312. NONDISCLOSURE OF INFORMATION IN EXCEPTIONAL
87-23 CIRCUMSTANCES. On a finding, which may be made ex parte, that the
87-24 health, safety, or liberty of a party or child would be
87-25 unreasonably put at risk by the disclosure of identifying
87-26 information or if an existing order so provides, a tribunal shall
87-27 order that the address of the child or party or other identifying
87-28 information not be disclosed in a pleading or other document filed
87-29 in a proceeding under this chapter.
87-30 Sec. 159.313. COSTS AND FEES. (a) An initiating court may
87-31 require payment of either a filing fee or other costs from the
87-32 obligee and may request the responding court to collect fees and
87-33 costs from the obligor. The clerk of the responding court may
87-34 require payment of a filing fee or other costs from the obligee.
87-35 (b) If an obligee prevails, a responding tribunal may assess
87-36 against an obligor filing fees, reasonable attorney's fees, other
87-37 costs, and necessary travel and other reasonable expenses incurred
87-38 by the obligee and the obligee's witnesses. The tribunal may not
87-39 assess fees, costs, or expenses against the obligee or the support
87-40 enforcement agency of either the initiating state or the responding
87-41 state, except as provided by other law. Attorney's fees may be
87-42 taxed as costs and may be ordered paid directly to the attorney,
87-43 who may enforce the order in the attorney's own name. Payment of
87-44 support owed to the obligee has priority over fees, costs, and
87-45 expenses.
87-46 (c) The tribunal shall order the payment of costs and
87-47 reasonable attorney's fees if it determines that a hearing was
87-48 requested primarily for delay. In a proceeding under Subchapter G,
87-49 a hearing is presumed to have been requested primarily for delay if
87-50 a registered support order is confirmed or enforced without change.
87-51 Sec. 159.314. LIMITED IMMUNITY OF PETITIONER.
87-52 (a) Participation by a petitioner in a proceeding before a
87-53 responding tribunal, whether in person, by private attorney, or
87-54 through services provided by the support enforcement agency, does
87-55 not confer personal jurisdiction over the petitioner in another
87-56 proceeding.
87-57 (b) A petitioner is not amenable to service of civil process
87-58 while physically present in this state to participate in a
87-59 proceeding under this chapter.
87-60 (c) The immunity granted by this section does not extend to
87-61 civil litigation based on acts unrelated to a proceeding under this
87-62 chapter committed by a party while present in this state to
87-63 participate in the proceeding.
87-64 Sec. 159.315. NONPARENTAGE AS DEFENSE. A party whose
87-65 parentage of a child has been previously determined by or under law
87-66 may not plead nonparentage as a defense to a proceeding under this
87-67 chapter.
87-68 Sec. 159.316. SPECIAL RULES OF EVIDENCE AND PROCEDURE.
87-69 (a) The physical presence of the petitioner in a responding
87-70 tribunal of this state is not required for the establishment,
88-1 enforcement, or modification of a support order or the rendition of
88-2 a judgment determining parentage.
88-3 (b) A verified petition, affidavit, document substantially
88-4 complying with federally mandated forms, and a document
88-5 incorporated by reference in the petition, affidavit, or document,
88-6 not excluded under the hearsay rule if given in person, are
88-7 admissible in evidence if given under oath by a party or witness
88-8 residing in another state.
88-9 (c) A copy of the record of child support payments certified
88-10 as a true copy of the original by the custodian of the record may
88-11 be forwarded to a responding tribunal. The copy is evidence of
88-12 facts asserted in it and is admissible to show whether payments
88-13 were made.
88-14 (d) Copies of bills for testing for parentage and for
88-15 prenatal and postnatal health care of the mother and child that are
88-16 furnished to the adverse party not less than 10 days before the
88-17 date of trial are admissible in evidence to prove the amount of the
88-18 charges billed and that the charges were reasonable, necessary, and
88-19 customary.
88-20 (e) Documentary evidence sent from another state to a
88-21 tribunal of this state by telephone, telecopier, or another means
88-22 that does not provide an original writing may not be excluded from
88-23 evidence on an objection based on the means of transmission.
88-24 (f) In a proceeding under this chapter, a tribunal of this
88-25 state may permit a party or witness residing in another state to be
88-26 deposed or to testify by telephone, audiovisual means, or other
88-27 electronic means at a designated tribunal or other location in that
88-28 state. A tribunal of this state shall cooperate with a tribunal of
88-29 another state in designating an appropriate location for the
88-30 deposition or testimony.
88-31 (g) If a party called to testify at a civil hearing refuses
88-32 to answer on the ground that the testimony may be
88-33 self-incriminating, the trier of fact may draw an adverse inference
88-34 from the refusal.
88-35 (h) A privilege against disclosure of communications between
88-36 spouses does not apply in a proceeding under this chapter.
88-37 (i) The defense of immunity based on the relationship of
88-38 husband and wife or parent and child does not apply in a proceeding
88-39 under this chapter.
88-40 Sec. 159.317. COMMUNICATIONS BETWEEN TRIBUNALS. A tribunal
88-41 of this state may communicate with a tribunal of another state in
88-42 writing, by telephone, or by another means, to obtain information
88-43 concerning the laws of that state, the legal effect of a judgment,
88-44 decree, or order of that tribunal, and the status of a proceeding
88-45 in the other state. A tribunal of this state may furnish similar
88-46 information by similar means to a tribunal of another state.
88-47 Sec. 159.318. ASSISTANCE WITH DISCOVERY. A tribunal of this
88-48 state may:
88-49 (1) request a tribunal of another state to assist in
88-50 obtaining discovery; and
88-51 (2) on request, compel a person over whom the tribunal
88-52 has jurisdiction to respond to a discovery order issued by a
88-53 tribunal of another state.
88-54 Sec. 159.319. RECEIPT AND DISBURSEMENT OF PAYMENTS. A
88-55 support enforcement agency or tribunal of this state shall disburse
88-56 promptly any amounts received under a support order, as directed by
88-57 the order. The agency or tribunal shall furnish to a requesting
88-58 party or tribunal of another state a certified statement by the
88-59 custodian of the record of the amounts and dates of all payments
88-60 received.
88-61 (Sections 159.320-159.400 reserved for expansion)
88-62 SUBCHAPTER E. ESTABLISHMENT OF SUPPORT ORDER
88-63 Sec. 159.401. PETITION TO ESTABLISH SUPPORT ORDER. (a) If a
88-64 support order entitled to recognition under this chapter has not
88-65 been issued, a responding tribunal of this state may issue a
88-66 support order if:
88-67 (1) the individual seeking the order resides in
88-68 another state; or
88-69 (2) the support enforcement agency seeking the order
88-70 is located in another state.
89-1 (b) The tribunal may issue a temporary child support order
89-2 if:
89-3 (1) the respondent has signed a verified statement
89-4 acknowledging parentage;
89-5 (2) the respondent has been determined by or under law
89-6 to be the parent; or
89-7 (3) there is other clear and convincing evidence that
89-8 the respondent is the child's parent.
89-9 (c) On finding, after notice and an opportunity to be heard,
89-10 that an obligor owes a duty of support, the tribunal shall issue a
89-11 support order directed to the obligor and may issue other orders
89-12 under Section 159.305.
89-13 (Sections 159.402-159.500 reserved for expansion)
89-14 SUBCHAPTER F. DIRECT ENFORCEMENT OF ORDER OF ANOTHER
89-15 STATE WITHOUT REGISTRATION
89-16 Sec. 159.501. RECOGNITION OF INCOME-WITHHOLDING ORDER OF
89-17 ANOTHER STATE. (a) An income-withholding order issued in another
89-18 state may be sent by first class mail to the obligor's employer
89-19 under Chapter 158 without first filing a petition or comparable
89-20 pleading or registering the order with a tribunal of this state.
89-21 On receipt of the order, the employer shall:
89-22 (1) treat an income-withholding order issued in
89-23 another state that appears regular on its face as if the order had
89-24 been issued by a tribunal of this state;
89-25 (2) immediately provide a copy of the order to the
89-26 obligor; and
89-27 (3) distribute the funds as directed in the
89-28 withholding order.
89-29 (b) An obligor may contest the validity or enforcement of an
89-30 income-withholding order issued in another state in the same manner
89-31 as if the order had been issued by a tribunal of this state.
89-32 Section 159.604 applies to the contest. The obligor shall give
89-33 notice of the contest to any support enforcement agency providing
89-34 services to the obligee and to:
89-35 (1) the person or agency designated to receive
89-36 payments in the income-withholding order; or
89-37 (2) the obligee, if no person or agency is designated.
89-38 Sec. 159.502. ADMINISTRATIVE ENFORCEMENT OF ORDERS. (a) A
89-39 party seeking to enforce a support order or an income-withholding
89-40 order, or both, issued by a tribunal of another state may send the
89-41 documents required for registering the order to a support
89-42 enforcement agency of this state.
89-43 (b) On receipt of the documents, the support enforcement
89-44 agency, without initially seeking to register the order, shall
89-45 consider and, if appropriate, use any administrative procedure
89-46 authorized by the law of this state to enforce a support order or
89-47 an income-withholding order, or both. If the obligor does not
89-48 contest administrative enforcement, the order need not be
89-49 registered. If the obligor contests the validity or administrative
89-50 enforcement of the order, the support enforcement agency shall
89-51 register the order under this chapter.
89-52 (Sections 159.503-159.600 reserved for expansion)
89-53 SUBCHAPTER G. ENFORCEMENT AND MODIFICATION OF SUPPORT
89-54 ORDER AFTER REGISTRATION
89-55 Sec. 159.601. Registration of Order for Enforcement. A
89-56 support order or income-withholding order issued by a tribunal of
89-57 another state may be registered in this state for enforcement.
89-58 Sec. 159.602. Procedure to Register Order for Enforcement.
89-59 (a) A support order or income-withholding order of another state
89-60 may be registered in this state by sending to the appropriate
89-61 tribunal in this state:
89-62 (1) a letter of transmittal to the tribunal requesting
89-63 registration and enforcement;
89-64 (2) two copies, including one certified copy, of all
89-65 orders to be registered, including any modification of an order;
89-66 (3) a sworn statement by the party seeking
89-67 registration or a certified statement by the custodian of the
89-68 records showing the amount of any arrearage;
89-69 (4) the name of the obligor and, if known:
89-70 (A) the obligor's address and social security
90-1 number;
90-2 (B) the name and address of the obligor's
90-3 employer and any other source of income of the obligor; and
90-4 (C) a description of and the location of
90-5 property of the obligor in this state not exempt from execution;
90-6 and
90-7 (5) the name and address of the obligee and, if
90-8 applicable, the agency or person to whom support payments are to be
90-9 remitted.
90-10 (b) On receipt of a request for registration, the
90-11 registering tribunal shall cause the order to be filed as a foreign
90-12 judgment, together with one copy of the documents and information,
90-13 regardless of their form.
90-14 (c) A petition or comparable pleading seeking a remedy that
90-15 must be affirmatively sought under other law of this state may be
90-16 filed at the same time as the request for registration or later.
90-17 The pleading must specify the grounds for the remedy sought.
90-18 Sec. 159.603. Effect of Registration for Enforcement.
90-19 (a) A support order or income-withholding order issued in another
90-20 state is registered when the order is filed in the registering
90-21 tribunal of this state.
90-22 (b) A registered order issued in another state is
90-23 enforceable in the same manner and is subject to the same
90-24 procedures as an order issued by a tribunal of this state.
90-25 (c) Except as otherwise provided in this subchapter, a
90-26 tribunal of this state shall recognize and enforce, but may not
90-27 modify, a registered order if the issuing tribunal had
90-28 jurisdiction.
90-29 Sec. 159.604. Choice of Law. (a) The law of the issuing
90-30 state governs the nature, extent, amount, and duration of current
90-31 payments and other obligations of support and the payment of
90-32 arrearages under the order only if a party provides the court
90-33 having jurisdiction over an action in this state a certified copy
90-34 of the applicable law of the state. Otherwise, the law of this
90-35 state applies.
90-36 (b) In a proceeding for arrearages, the statute of
90-37 limitation under the laws of this state or of the issuing state,
90-38 whichever statute of limitation is longer, applies.
90-39 Sec. 159.605. Notice of Registration of Order. (a) When a
90-40 support order or income-withholding order issued in another state
90-41 is registered, the registering tribunal shall notify the
90-42 nonregistering party. Notice must be given by first class,
90-43 certified, or registered mail or by any means of personal service
90-44 authorized by the law of this state. The notice must be
90-45 accompanied by a copy of the registered order and the documents and
90-46 relevant information accompanying the order.
90-47 (b) The notice must inform the nonregistering party:
90-48 (1) that a registered order is enforceable as of the
90-49 date of registration in the same manner as an order issued by a
90-50 tribunal of this state;
90-51 (2) that a hearing to contest the validity or
90-52 enforcement of the registered order must be requested not later
90-53 than the 20th day after the date the notice was mailed or
90-54 personally served;
90-55 (3) that failure to contest the validity or
90-56 enforcement of the registered order in a timely manner:
90-57 (A) will result in confirmation of the order and
90-58 enforcement of the order and the alleged arrearages; and
90-59 (B) precludes further contest of that order with
90-60 respect to any matter that could have been asserted; and
90-61 (4) of the amount of any alleged arrearages.
90-62 (c) On registration of an income-withholding order for
90-63 enforcement, the registering tribunal shall notify the obligor's
90-64 employer under Chapter 158.
90-65 Sec. 159.606. Procedure to Contest Validity or Enforcement
90-66 of Registered Order. (a) A nonregistering party seeking to
90-67 contest the validity or enforcement of a registered order in this
90-68 state must request a hearing not later than the 20th day after the
90-69 date the notice of registration was mailed or personally served.
90-70 The nonregistering party may seek under Section 159.607 to:
91-1 (1) vacate the registration;
91-2 (2) assert any defense to an allegation of
91-3 noncompliance with the registered order; or
91-4 (3) contest the remedies being sought or the amount of
91-5 any alleged arrearages.
91-6 (b) If the nonregistering party fails to contest the
91-7 validity or enforcement of the registered order in a timely manner,
91-8 the order is confirmed by operation of law.
91-9 (c) If a nonregistering party requests a hearing to contest
91-10 the validity or enforcement of the registered order, the
91-11 registering tribunal shall schedule the matter for hearing and give
91-12 notice to the parties by first class mail of the date, time, and
91-13 place of the hearing.
91-14 Sec. 159.607. Contest of Registration or Enforcement.
91-15 (a) A party contesting the validity or enforcement of a registered
91-16 order or seeking to vacate the registration has the burden of
91-17 proving one or more of the following defenses:
91-18 (1) the issuing tribunal lacked personal jurisdiction
91-19 over the contesting party;
91-20 (2) the order was obtained by fraud;
91-21 (3) the order has been vacated, suspended, or modified
91-22 by a later order;
91-23 (4) the issuing tribunal has stayed the order pending
91-24 appeal;
91-25 (5) there is a defense under the law of this state to
91-26 the remedy sought;
91-27 (6) full or partial payment has been made; or
91-28 (7) the statute of limitation under Section 159.604
91-29 precludes enforcement of some or all of the arrearages.
91-30 (b) If a party presents evidence establishing a full or
91-31 partial defense under Subsection (a), a tribunal may stay
91-32 enforcement of the registered order, continue the proceeding to
91-33 permit production of additional relevant evidence, and issue other
91-34 appropriate orders. An uncontested portion of the registered order
91-35 may be enforced by all remedies available under the law of this
91-36 state.
91-37 (c) If the contesting party does not establish a defense
91-38 under Subsection (a) to the validity or enforcement of the order,
91-39 the registering tribunal shall issue an order confirming the order.
91-40 Sec. 159.608. Confirmed Order. Confirmation of a registered
91-41 order, whether by operation of law or after notice and hearing,
91-42 precludes further contest of the order with respect to any matter
91-43 that could have been asserted at the time of registration.
91-44 Sec. 159.609. Procedure to Register Child Support Order of
91-45 Another State for Modification. A party or support enforcement
91-46 agency seeking to modify or to modify and enforce a child support
91-47 order issued in another state shall register that order in this
91-48 state in the same manner provided in Sections 159.601-159.604 if
91-49 the order has not been registered. A petition for modification may
91-50 be filed at the same time as a request for registration or later.
91-51 The pleading must specify the grounds for modification.
91-52 Sec. 159.610. Effect of Registration for Modification. A
91-53 tribunal of this state may enforce a child support order of another
91-54 state registered for purposes of modification in the same manner as
91-55 if the order had been issued by a tribunal of this state, but the
91-56 registered order may be modified only if the requirements of
91-57 Section 159.611 have been met.
91-58 Sec. 159.611. Modification of Child Support Order of Another
91-59 State. (a) After a child support order issued in another state
91-60 has been registered in this state, the responding tribunal of this
91-61 state may modify the order only if, after notice and hearing, the
91-62 tribunal finds that:
91-63 (1) the following requirements are met:
91-64 (A) the child, the individual obligee, and the
91-65 obligor do not reside in the issuing state;
91-66 (B) a petitioner who is a nonresident of this
91-67 state seeks modification; and
91-68 (C) the respondent is subject to the personal
91-69 jurisdiction of the tribunal of this state; or
91-70 (2) an individual party or the child is subject to the
92-1 personal jurisdiction of the tribunal and all of the individual
92-2 parties have filed in the issuing tribunal a written consent that
92-3 provides that a tribunal of this state may modify the support order
92-4 and assume continuing, exclusive jurisdiction over the order.
92-5 (b) Modification of a registered child support order is
92-6 subject to the same requirements, procedures, and defenses that
92-7 apply to the modification of an order issued by a tribunal of this
92-8 state, and the order may be enforced and satisfied in the same
92-9 manner.
92-10 (c) A tribunal of this state may not modify any aspect of a
92-11 child support order that may not be modified under the law of the
92-12 issuing state.
92-13 (d) On issuance of an order modifying a child support order
92-14 issued in another state, a tribunal of this state becomes the
92-15 tribunal of continuing, exclusive jurisdiction.
92-16 (e) Not later than the 30th day after the date a modified
92-17 child support order is issued, the party obtaining the modification
92-18 shall file a certified copy of the order:
92-19 (1) with the issuing tribunal that had continuing,
92-20 exclusive jurisdiction over the earlier order; and
92-21 (2) in each tribunal in which the party knows that the
92-22 earlier order has been registered.
92-23 Sec. 159.612. Recognition of Order Modified in Another
92-24 State. A tribunal of this state shall recognize a modification of
92-25 its earlier child support order by a tribunal of another state that
92-26 assumed jurisdiction under a law substantially similar to this
92-27 chapter and, except as otherwise provided in this chapter, shall on
92-28 request:
92-29 (1) enforce the order that was modified only as to
92-30 amounts accruing before the modification;
92-31 (2) enforce only nonmodifiable aspects of the order;
92-32 (3) provide other appropriate relief only for a
92-33 violation of the order that occurred before the effective date of
92-34 the modification; and
92-35 (4) recognize the modifying order of the other state,
92-36 on registration, for the purpose of enforcement.
92-37 (Sections 159.613-159.700 reserved for expansion)
92-38 SUBCHAPTER H. DETERMINATION OF PARENTAGE
92-39 Sec. 159.701. PROCEEDING TO DETERMINE PARENTAGE. (a) A
92-40 tribunal of this state may serve as an initiating or responding
92-41 tribunal in a proceeding brought under this chapter or a law
92-42 substantially similar to this chapter, the Uniform Reciprocal
92-43 Enforcement of Support Act, or the Revised Uniform Reciprocal
92-44 Enforcement of Support Act to determine that the petitioner is a
92-45 parent of a particular child or to determine that a respondent is a
92-46 parent of that child.
92-47 (b) In a proceeding to determine parentage, a responding
92-48 tribunal of this state shall apply the procedural and substantive
92-49 law of this state and the rules of this state on choice of law.
92-50 (Sections 159.702-159.800 reserved for expansion)
92-51 SUBCHAPTER I. INTERSTATE RENDITION
92-52 Sec. 159.801. GROUNDS FOR RENDITION. (a) In this
92-53 subchapter, "governor" includes an individual performing the
92-54 functions of governor or the executive authority of a state covered
92-55 by this chapter.
92-56 (b) The governor of this state may:
92-57 (1) demand that the governor of another state
92-58 surrender an individual found in the other state who is charged
92-59 criminally in this state with having failed to provide for the
92-60 support of an obligee; or
92-61 (2) on the demand by the governor of another state,
92-62 surrender an individual found in this state who is charged
92-63 criminally in the other state with having failed to provide for the
92-64 support of an obligee.
92-65 (c) A provision for extradition of individuals not
92-66 inconsistent with this chapter applies to the demand even if the
92-67 individual whose surrender is demanded was not in the demanding
92-68 state when the crime was allegedly committed and has not fled from
92-69 that state.
92-70 Sec. 159.802. CONDITIONS OF RENDITION. (a) Before making a
93-1 demand that the governor of another state surrender an individual
93-2 charged criminally in this state with having failed to provide for
93-3 the support of an obligee, the governor may require a prosecutor of
93-4 this state to demonstrate:
93-5 (1) that not less than 60 days before the date of the
93-6 demand, the obligee had initiated proceedings for support under
93-7 this chapter; or
93-8 (2) that initiating the proceeding would be of no
93-9 avail.
93-10 (b) If, under this chapter or a law substantially similar to
93-11 this chapter, the Uniform Reciprocal Enforcement of Support Act, or
93-12 the Revised Uniform Reciprocal Enforcement of Support Act, the
93-13 governor of another state makes a demand that the governor of this
93-14 state surrender an individual charged criminally in that state with
93-15 having failed to provide for the support of a child or other
93-16 individual to whom a duty of support is owed, the governor may
93-17 require a prosecutor to investigate the demand and report whether a
93-18 proceeding for support has been initiated or would be effective.
93-19 If it appears that a proceeding would be effective but has not been
93-20 initiated, the governor may delay honoring the demand for a
93-21 reasonable time to permit the initiation of a proceeding.
93-22 (c) If a proceeding for support has been initiated and the
93-23 individual whose rendition is demanded prevails, the governor may
93-24 decline to honor the demand. If the petitioner prevails and the
93-25 individual whose rendition is demanded is subject to a support
93-26 order, the governor may decline to honor the demand if the
93-27 individual is complying with the support order.
93-28 (Sections 159.803-159.900 reserved for expansion)
93-29 SUBCHAPTER J. MISCELLANEOUS PROVISIONS
93-30 Sec. 159.901. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
93-31 This chapter shall be applied and construed to effectuate its
93-32 general purpose to make uniform the law with respect to the subject
93-33 of this chapter among states enacting it.
93-34 Sec. 159.902. SHORT TITLE. This chapter may be cited as the
93-35 Uniform Interstate Family Support Act.
93-36 CHAPTER 160. DETERMINATION OF PARENTAGE
93-37 SUBCHAPTER A. GENERAL PROVISIONS
93-38 Sec. 160.001. APPLICABILITY. This chapter governs a suit
93-39 affecting the parent-child relationship in which the parentage of
93-40 the biological mother or biological father is sought to be
93-41 adjudicated.
93-42 Sec. 160.002. TIME IN WHICH TO BRING SUIT TO DETERMINE
93-43 PARENTAGE. (a) A suit affecting the parent-child relationship to
93-44 determine parentage under Subchapter B may be brought before the
93-45 birth of the child, but must be brought on or before the second
93-46 anniversary of the date the child becomes an adult, or the suit is
93-47 barred.
93-48 (b) This section applies to a child for whom a parentage
93-49 suit was brought but dismissed because a statute of limitations of
93-50 less than 18 years was then in effect.
93-51 (c) A suit to establish paternity under Subchapter C may be
93-52 brought at any time.
93-53 Sec. 160.003. NECESSARY PARTY: REPRESENTATION OF CHILD.
93-54 (a) The child is not a necessary party to a suit under this
93-55 chapter.
93-56 (b) It is rebuttably presumed in a trial on the merits
93-57 before a judge or jury that the interests of the child will be
93-58 adequately represented by the party bringing suit to determine
93-59 parentage of the child. If the court finds that the interests of
93-60 the child will not be adequately represented by a party to the suit
93-61 or are adverse to that party, the court shall appoint an attorney
93-62 ad litem to represent the child.
93-63 (c) The child shall be represented in a settlement
93-64 agreement, dismissal, or nonsuit by a guardian ad litem or an
93-65 attorney ad litem appointed by the court, unless the court finds on
93-66 the record that the interests of the child will be adequately
93-67 represented by a party to the suit or are not adverse to that
93-68 party, and that the court approves the settlement agreement,
93-69 dismissal, or nonsuit.
93-70 Sec. 160.004. TEMPORARY ORDERS. The court may render a
94-1 temporary order authorized in a suit under this title, including an
94-2 order for temporary support of a child, if the person ordered to
94-3 pay support:
94-4 (1) is a presumed parent under Chapter 151;
94-5 (2) is an alleged father petitioning to have his
94-6 paternity adjudicated or who admits paternity in pleadings filed
94-7 with the court; or
94-8 (3) is found by the court at the pretrial conference
94-9 authorized by this chapter not to be excluded as the biological
94-10 father of the child, with the court finding that at least 99
94-11 percent of the male population is excluded from being the
94-12 biological father of the child.
94-13 Sec. 160.005. CONSERVATORSHIP, SUPPORT, AND PAYMENTS.
94-14 (a) In a suit in which a determination of parentage is sought, the
94-15 court may provide for the managing and possessory conservatorship
94-16 and support of and access to the child.
94-17 (b) On a finding of parentage, the court may order support
94-18 retroactive to the time of the birth of the child and, on a proper
94-19 showing, may order a party to pay an equitable portion of all
94-20 prenatal and postnatal health care expenses of the mother and
94-21 child.
94-22 (c) In making an order for retroactive child support under
94-23 this section, the court shall use the child support guidelines
94-24 provided by Chapter 154 together with any relevant factors.
94-25 Sec. 160.006. FINAL ORDER REGARDING PARENTAGE. (a) On a
94-26 verdict of the jury, or on a finding of the court if there is no
94-27 jury, the court shall render a final order declaring whether an
94-28 alleged parent is the biological parent of the child.
94-29 (b) The effect of an order declaring that an alleged parent
94-30 is the biological parent of the child is to confirm or create the
94-31 parent-child relationship between the parent and the child for all
94-32 purposes.
94-33 (c) If parentage is established, the order shall state the
94-34 name of the child.
94-35 Sec. 160.007. SUIT BARRED. (a) Except as provided by
94-36 Subsection (b), a suit under this chapter with respect to a child
94-37 is barred if final judgment has been rendered by a court of
94-38 competent jurisdiction:
94-39 (1) adjudicating a named individual to be the
94-40 biological father of the child; or
94-41 (2) terminating the parent-child relationship between
94-42 the child and each living parent of the child; or
94-43 (3) granting a petition for the adoption of the child.
94-44 (b) During the pendency of an appeal or direct attack on a
94-45 judgment described by Subsection (a), a suit under this chapter may
94-46 be filed but shall, on motion of a party, be stayed pending the
94-47 final disposition of the appeal or direct attack on the judgment.
94-48 (Sections 160.008-160.100 reserved for expansion)
94-49 SUBCHAPTER B. PARENTAGE SUIT
94-50 Sec. 160.101. DENIAL OF PATERNITY. (a) A man who is a
94-51 presumed father under Chapter 151, the biological mother, or a
94-52 governmental entity is entitled in a suit to deny a presumed
94-53 father's paternity of the child. The question of paternity under
94-54 this section must be raised by an express statement denying
94-55 paternity of the child in a party's pleadings in the suit, without
94-56 regard to whether the presumed father or biological mother is a
94-57 petitioner or respondent.
94-58 (b) In a suit in which a question of paternity is raised
94-59 under this section, the court shall conduct the pretrial
94-60 proceedings and order scientifically accepted paternity testing as
94-61 required in a suit provided by this chapter.
94-62 Sec. 160.102. ORDER FOR PARENTAGE TESTING. (a) When the
94-63 respondent appears in a parentage suit, the court shall order the
94-64 mother, an alleged father, and the child to submit to the taking of
94-65 blood, body fluid, or tissue samples for the purpose of
94-66 scientifically accepted parentage testing.
94-67 (b) If the respondent fails to appear and wholly defaults or
94-68 if the allegation of parentage is admitted, the court may waive
94-69 parentage testing.
94-70 Sec. 160.103. REQUIREMENTS OF TESTING. The court shall
95-1 require in its order testing necessary to ascertain the possibility
95-2 of an alleged father's paternity and shall require that the tests
95-3 exclude at least 99 percent of the male population from the
95-4 possibility of being the father of the child, except that the court
95-5 shall permit the omission of any further testing if the testing has
95-6 been conducted sufficiently to establish that an alleged father is
95-7 not the father of the child, or if the costs of testing have
95-8 reached an amount that the court determines to be the greatest
95-9 amount that may reasonably be borne by one or more parties to the
95-10 suit. If the appearance is before the birth of the child, the
95-11 court shall order the taking of blood, body fluid, or tissue
95-12 samples to be made as soon as medically practical after the birth.
95-13 Sec. 160.104. APPOINTMENT OF EXPERTS. (a) The court shall:
95-14 (1) appoint one or more experts qualified in parentage
95-15 testing to perform the tests;
95-16 (2) determine the number and qualifications of the
95-17 experts; and
95-18 (3) prescribe the arrangements for conducting the
95-19 tests.
95-20 (b) The court may:
95-21 (1) order a reasonable fee for each court-appointed
95-22 expert; and
95-23 (2) require the fee to be paid by any or all of the
95-24 parties in the amounts and in the manner directed or tax all, part,
95-25 or none of the fee as costs in the suit.
95-26 (c) A party may employ other experts qualified in parentage
95-27 testing. The court may order blood, body fluid, or tissue samples
95-28 made available to these experts if requested.
95-29 Sec. 160.105. PRETRIAL CONFERENCE. (a) After completion of
95-30 parentage testing, the court shall order all parties to appear,
95-31 either in person or by attorney, at a pretrial conference.
95-32 (b) Either party may call a parentage testing expert to
95-33 testify in person or by deposition about the expert's tests and
95-34 findings.
95-35 (c) A witness at a pretrial conference is governed by the
95-36 Texas Rules of Civil Evidence.
95-37 (d) A verified written report of a parentage testing expert
95-38 is admissible at the pretrial conference as evidence of the truth
95-39 of the matters it contains.
95-40 (e) All evidence admitted at the pretrial conference is a
95-41 part of the record of the case.
95-42 (f) Parentage test results offered at a pretrial conference
95-43 are admissible as evidence if the tests were conducted under a
95-44 court order or by agreement without regard to whether the tests
95-45 were performed before or after the filing of a suit.
95-46 Sec. 160.106. EFFECT OF PARENTAGE TESTS. (a) At the
95-47 conclusion of the pretrial conference, if the court finds that the
95-48 tests show by clear and convincing evidence that an alleged or
95-49 presumed father is not the father of the child, the court shall
95-50 dismiss with prejudice the parentage suit as to that man.
95-51 (b) If the court finds that the parentage tests do not
95-52 exclude an alleged father as the father of the child, the court
95-53 shall set the suit for trial.
95-54 (c) If the court finds that at least 99 percent of the male
95-55 population is excluded by the tests and that an alleged father is
95-56 not excluded from the possibility of being the child's father, the
95-57 burden of proof at trial is on the party opposing the establishment
95-58 of the alleged father's parentage.
95-59 Sec. 160.107. EFFECT OF REFUSING PARENTAGE TESTING. (a) An
95-60 order for parentage testing is enforceable by contempt and:
95-61 (1) if the petitioner is the mother or an alleged
95-62 father and refuses to submit to parentage testing, the court may
95-63 dismiss the suit; or
95-64 (2) if a party refuses to submit to court-ordered
95-65 parentage testing, on proof sufficient to render a default judgment
95-66 the court may resolve the question of parentage against that party.
95-67 (b) If a parent or an alleged parent refuses to submit to
95-68 parentage testing, the fact of refusal may be introduced as
95-69 evidence as provided by this subchapter.
95-70 Sec. 160.108. PREFERENTIAL TRIAL SETTING. (a) In a suit
96-1 provided by this chapter, after a hearing the court shall grant a
96-2 motion for a preferential setting for trial on the merits filed by
96-3 a party to the suit or by the attorney or guardian ad litem for the
96-4 child. The court shall give precedence to that trial over other
96-5 civil cases if discovery has been completed or sufficient time has
96-6 elapsed since the filing of the suit for the completion of all
96-7 necessary and reasonable discovery if diligently pursued.
96-8 (b) The provisions of this section regarding preferential
96-9 setting apply to trial on the merits without regard to whether the
96-10 suit is set for a trial before the court or before a jury.
96-11 Sec. 160.109. EVIDENCE AT TRIAL. (a) A party may call a
96-12 parentage testing expert to testify at the trial in person or by
96-13 deposition.
96-14 (b) A verified written report of a parentage testing expert
96-15 is admissible at the trial as evidence of the truth of the matters
96-16 it contains.
96-17 (c) If the parentage tests show the possibility of an
96-18 alleged father's paternity, the court shall admit this evidence if
96-19 offered at the trial.
96-20 (d) Parentage test results offered at the trial shall be
96-21 admissible as evidence if the tests were conducted under court
96-22 order or by agreement, without regard to whether the tests were
96-23 performed before or after the filing of a suit.
96-24 (e) The party seeking to establish an alleged father's
96-25 paternity retains the right to open and close at trial without
96-26 regard to whether the court has shifted the burden of proof to the
96-27 opposing party.
96-28 (f) If a copy is provided to the adverse party and to the
96-29 court at the pretrial conference, submission of a copy of a medical
96-30 bill for the prenatal and postnatal health care expenses of the
96-31 mother and child or for charges directly related to the parentage
96-32 testing constitutes a prima facie showing that the charges are
96-33 reasonable, necessary, and customary and may be admitted as
96-34 evidence of the truth of the matters stated in the bill.
96-35 Sec. 160.110. PRESUMPTIONS; BURDEN OF PROOF. (a) In a suit
96-36 in which there is a presumption of parentage under Chapter 151, the
96-37 party denying a presumed father's paternity of the child has the
96-38 burden of rebutting the presumption of paternity.
96-39 (b) If the parentage tests show the possibility of an
96-40 alleged father's paternity and that at least 99 percent of the male
96-41 population is excluded from the possibility of being the father,
96-42 evidence of these facts constitutes a prima facie showing of an
96-43 alleged father's paternity, and the party opposing the
96-44 establishment of the alleged father's paternity has the burden of
96-45 proving that the alleged father is not the father of the child.
96-46 (c) A party who refuses to submit to parentage testing has
96-47 the burden of proving that an alleged father is not the father of
96-48 the child.
96-49 (Sections 160.111-160.200 reserved for expansion)
96-50 SUBCHAPTER C. VOLUNTARY PATERNITY
96-51 Sec. 160.201. VOLUNTARY PATERNITY. (a) If a statement of
96-52 paternity has been executed by a man claiming to be the biological
96-53 father of a child who has no presumed father, he, the mother of the
96-54 child, or the child through a representative authorized by the
96-55 court or a governmental entity may file a petition for an order
96-56 adjudicating him as a parent of the child. The statement of
96-57 paternity must be attached to or filed with the petition.
96-58 (b) The court shall render an order adjudicating the child
96-59 to be the biological child of the child's father and the father to
96-60 be a parent of the child if the court finds that the statement of
96-61 paternity was executed as provided by this chapter, and the facts
96-62 stated are true.
96-63 (c) A suit for voluntary paternity may be joined with a suit
96-64 for termination under Chapter 161.
96-65 Sec. 160.202. STATEMENT OF PATERNITY. (a) The statement of
96-66 paternity authorized to be used by this subchapter must:
96-67 (1) be in writing;
96-68 (2) be signed by the man alleging himself to be the
96-69 father of the child;
96-70 (3) state whether the man alleging himself to be the
97-1 father is a minor; and
97-2 (4) clearly state that the man signing the statement
97-3 acknowledges the child as his biological child.
97-4 (b) The statement may include a waiver of citation in a suit
97-5 to establish the parent-child relationship but may not include a
97-6 waiver of the right to notice of the proceedings.
97-7 (c) The statement must be executed before a person
97-8 authorized to administer oaths under the laws of this state.
97-9 (d) The statement may be signed before the birth of the
97-10 child.
97-11 (e) The statement must include the social security number of
97-12 the father.
97-13 Sec. 160.203. EFFECT OF STATEMENT OF PATERNITY. (a) A
97-14 statement of paternity executed as provided by this subchapter is
97-15 prima facie evidence that the child is the child of the person
97-16 executing the statement and that the person has an obligation to
97-17 support the child.
97-18 (b) If an alleged father's address is unknown or he is
97-19 outside the jurisdiction of the court at the time a suit is
97-20 instituted under this subchapter, his statement of paternity, in
97-21 the absence of controverting evidence, is sufficient for the court
97-22 to render an order establishing his paternity of the child.
97-23 Sec. 160.204. NOTICE AFTER WAIVER OF SERVICE. If the
97-24 respondent does not answer or appear after signing a waiver of
97-25 service of process as authorized by this subchapter, notice of the
97-26 proceedings shall be given to the respondent by first class mail
97-27 sent to the address supplied in the waiver. The waiver shall be
97-28 valid in a suit filed on or before the first anniversary of the
97-29 date of signing.
97-30 Sec. 160.205. DISPUTED PARENTAGE. If the paternity of the
97-31 child is uncertain or is disputed by a party in a suit filed under
97-32 this subchapter, the provisions of Subchapter B apply.
97-33 Sec. 160.206. Validation of Prior Statements. A statement
97-34 acknowledging paternity or an obligation to support a child that
97-35 was signed by the father before January 1, 1974, is valid and
97-36 binding even though the statement is not executed as provided by
97-37 this subchapter.
97-38 CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
97-39 SUBCHAPTER A. GROUNDS
97-40 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
97-41 RELATIONSHIP. The court may order termination of the parent-child
97-42 relationship if the court finds that:
97-43 (1) the parent has:
97-44 (A) voluntarily left the child alone or in the
97-45 possession of another not the parent and expressed an intent not to
97-46 return;
97-47 (B) voluntarily left the child alone or in the
97-48 possession of another not the parent without expressing an intent
97-49 to return, without providing for the adequate support of the child,
97-50 and remained away for a period of at least three months;
97-51 (C) voluntarily left the child alone or in the
97-52 possession of another without providing adequate support of the
97-53 child and remained away for a period of at least six months;
97-54 (D) knowingly placed or knowingly allowed the
97-55 child to remain in conditions or surroundings which endanger the
97-56 physical or emotional well-being of the child;
97-57 (E) engaged in conduct or knowingly placed the
97-58 child with persons who engaged in conduct which endangers the
97-59 physical or emotional well-being of the child;
97-60 (F) failed to support the child in accordance
97-61 with his ability during a period of one year ending within six
97-62 months of the date of the filing of the petition;
97-63 (G) abandoned the child without identifying the
97-64 child or furnishing means of identification, and the child's
97-65 identity cannot be ascertained by the exercise of reasonable
97-66 diligence;
97-67 (H) voluntarily, and with knowledge of the
97-68 pregnancy, abandoned the mother of the child beginning at a time
97-69 during her pregnancy with the child and continuing through the
97-70 birth, failed to provide adequate support or medical care for the
98-1 mother during the period of abandonment before the birth of the
98-2 child, and remained apart from the child or failed to support the
98-3 child since the birth;
98-4 (I) contumaciously refused to submit to a
98-5 reasonable and lawful order of a court under Chapter 264;
98-6 (J) been the major cause of:
98-7 (i) the failure of the child to be
98-8 enrolled in school as required by the Education Code; or
98-9 (ii) the child's absence from the child's
98-10 home without the consent of the parents or guardian for a
98-11 substantial length of time or without the intent to return;
98-12 (K) executed before or after the suit is filed
98-13 an unrevoked or irrevocable affidavit of relinquishment of parental
98-14 rights as provided by this chapter;
98-15 (L) been adjudicated to be criminally
98-16 responsible for the death or serious injury of another of his or
98-17 her children; or
98-18 (M) had his or her parent-child relationship
98-19 terminated with respect to another child based on a finding that
98-20 the parent's conduct was in violation of Paragraph (D) or (E); and
98-21 (2) termination is in the best interest of the child.
98-22 Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED
98-23 BIOLOGICAL FATHER. (a) The procedural and substantive standards
98-24 for termination of parental rights apply to the termination of the
98-25 rights of an alleged biological father.
98-26 (b) The rights of an alleged biological father may be
98-27 terminated if, after being served with citation, he does not
98-28 respond by timely filing an admission of paternity or a
98-29 counterclaim for paternity under Chapter 159 prior to the final
98-30 hearing in the suit.
98-31 Sec. 161.003. INVOLUNTARY TERMINATION: INABILITY TO CARE
98-32 FOR CHILD. (a) The court may order termination of the
98-33 parent-child relationship in a suit filed by the Department of
98-34 Protective and Regulatory Services if the court finds that:
98-35 (1) the parent has a mental or emotional illness or a
98-36 mental deficiency that renders the parent unable to provide for the
98-37 physical, emotional, and mental needs of the child;
98-38 (2) the illness or deficiency, in all reasonable
98-39 probability, proved by clear and convincing evidence, will continue
98-40 to render the parent unable to provide for the child's needs until
98-41 the 18th birthday of the child;
98-42 (3) the department has been the permanent managing
98-43 conservator of the child of the parent for the six months preceding
98-44 the filing of the petition; and
98-45 (4) the termination is in the best interest of the
98-46 child.
98-47 (b) Immediately after the filing of a suit under this
98-48 section, the court shall appoint an attorney ad litem to represent
98-49 the interests of the parent against whom the suit is brought.
98-50 (c) A hearing on the termination may not be held earlier
98-51 than 180 days after the date on which the suit was filed.
98-52 (d) An attorney appointed under Subsection (b) shall
98-53 represent the parent for the duration of the suit unless the
98-54 parent, with the permission of the court, retains another attorney.
98-55 Sec. 161.004. TERMINATION OF PARENTAL RIGHTS AFTER DENIAL OF
98-56 PRIOR PETITION TO TERMINATE. (a) The court may terminate the
98-57 parent-child relationship after rendition of an order that
98-58 previously denied termination of the parent-child relationship if:
98-59 (1) the petition under this section is filed after the
98-60 date the order denying termination was rendered;
98-61 (2) the circumstances of the child, parent, sole
98-62 managing conservator, possessory conservator, or other party
98-63 affected by the order denying termination have materially and
98-64 substantially changed since the date that the order was rendered;
98-65 (3) the parent committed an act listed under Section
98-66 161.001 before the date the order denying termination was rendered;
98-67 and
98-68 (4) termination is in the best interest of the child.
98-69 (b) At a hearing under this section, the court may consider
98-70 evidence presented at a previous hearing in a suit for termination
99-1 of the parent-child relationship of the parent with respect to the
99-2 same child.
99-3 Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. A
99-4 parent may file a suit for termination of the petitioner's
99-5 parent-child relationship. The court may order termination if
99-6 termination is in the best interest of the child.
99-7 Sec. 161.006. TERMINATION AFTER ABORTION. (a) A petition
99-8 requesting termination of the parent-child relationship with
99-9 respect to a parent who is not the petitioner may be granted if the
99-10 child was born alive as the result of an abortion.
99-11 (b) In this code, "abortion" means an intentional expulsion
99-12 of a human fetus from the body of a woman induced by any means for
99-13 the purpose of causing the death of the fetus.
99-14 (c) The court or the jury may not terminate the parent-child
99-15 relationship under this section with respect to a parent who:
99-16 (1) had no knowledge of the abortion; or
99-17 (2) participated in or consented to the abortion for
99-18 the sole purpose of preventing the death of the mother.
99-19 (Sections 161.007-161.100 reserved for expansion)
99-20 SUBCHAPTER B. PROCEDURES
99-21 Sec. 161.101. PETITION ALLEGATIONS. A petition for the
99-22 termination of the parent-child relationship is sufficient without
99-23 the necessity of specifying the underlying facts if the petition
99-24 alleges in the statutory language the ground for the termination
99-25 and that termination is in the best interest of the child.
99-26 Sec. 161.102. FILING SUIT FOR TERMINATION BEFORE BIRTH.
99-27 (a) A suit for termination may be filed before the birth of the
99-28 child.
99-29 (b) If the suit is filed before the birth of the child, the
99-30 petition shall be styled "In the Interest of an Unborn Child."
99-31 After the birth, the clerk shall change the style of the case to
99-32 conform to the requirements of Section 102.008.
99-33 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
99-34 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
99-35 parental rights must be:
99-36 (1) signed after the birth of the child by the parent,
99-37 whether or not a minor, whose parental rights are to be
99-38 relinquished;
99-39 (2) witnessed by two credible persons; and
99-40 (3) verified before a person authorized to take oaths.
99-41 (b) The affidavit must contain:
99-42 (1) the name, address, and age of the parent whose
99-43 parental rights are being relinquished;
99-44 (2) the name, age, and birth date of the child;
99-45 (3) the names and addresses of the guardians of the
99-46 person and estate of the child, if any;
99-47 (4) a statement that the affiant is or is not
99-48 presently obligated by court order to make payments for the support
99-49 of the child;
99-50 (5) a full description and statement of value of all
99-51 property owned or possessed by the child;
99-52 (6) an allegation that termination of the parent-child
99-53 relationship is in the best interest of the child;
99-54 (7) one of the following, as applicable:
99-55 (A) the name and address of the other parent;
99-56 (B) a statement that the parental rights of the
99-57 other parent have been terminated by death or court order; or
99-58 (C) a statement that the child has no presumed
99-59 father and that an affidavit of status of the child has been
99-60 executed as provided by this chapter;
99-61 (8) a statement that the parent has been informed of
99-62 parental rights and duties; and
99-63 (9) a statement that the relinquishment is revocable,
99-64 that the relinquishment is irrevocable, or that the relinquishment
99-65 is irrevocable for a stated period of time.
99-66 (c) The affidavit may contain:
99-67 (1) a designation of a qualified person, the
99-68 Department of Protective and Regulatory Services, or a licensed
99-69 child-placing agency to serve as managing conservator of the child;
99-70 (2) a waiver of process in a suit to terminate the
100-1 parent-child relationship filed under this chapter or in a suit to
100-2 terminate joined with a petition for adoption; and
100-3 (3) a consent to the placement of the child for
100-4 adoption by the Department of Protective and Regulatory Services or
100-5 by a licensed child-placing agency.
100-6 (d) An affidavit of relinquishment of parental rights is
100-7 irrevocable if it designates the Department of Protective and
100-8 Regulatory Services or a licensed child-placing agency to serve as
100-9 the managing conservator. Any other affidavit of relinquishment is
100-10 revocable unless it expressly provides that it is irrevocable for a
100-11 stated period of time not to exceed 60 days after the date of its
100-12 execution.
100-13 Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR
100-14 PENDING COURT APPOINTMENT. A person, licensed child-placing
100-15 agency, or authorized agency designated managing conservator of a
100-16 child in an irrevocable or unrevoked affidavit of relinquishment
100-17 has a right to possession of the child superior to the right of the
100-18 person executing the affidavit, the right to consent to medical and
100-19 surgical treatment of the child, and the rights and duties given by
100-20 Chapter 153 to a possessory conservator until such time as these
100-21 rights and duties are modified or terminated by court order.
100-22 Sec. 161.105. AFFIDAVIT OF STATUS OF CHILD. (a) If the
100-23 child has no presumed father, an affidavit shall be:
100-24 (1) signed by the mother, whether or not a minor;
100-25 (2) witnessed by two credible persons; and
100-26 (3) verified before a person authorized to take oaths.
100-27 (b) The affidavit must:
100-28 (1) state that the mother is not and has not been
100-29 married to the alleged father of the child;
100-30 (2) state that the mother and alleged father have not
100-31 attempted to marry under the laws of this state or another state or
100-32 nation;
100-33 (3) state that paternity has not been established
100-34 under the laws of any state or nation; and
100-35 (4) contain one of the following, as applicable:
100-36 (A) the name and whereabouts of a man alleged to
100-37 be the father;
100-38 (B) the name of an alleged father and a
100-39 statement that the affiant does not know the whereabouts of the
100-40 father;
100-41 (C) a statement that an alleged father has
100-42 executed a statement of paternity under Chapter 160 and an
100-43 affidavit of relinquishment of parental rights under this chapter
100-44 and that both affidavits have been filed with the court; or
100-45 (D) a statement that the name of an alleged
100-46 father is unknown.
100-47 (c) The affidavit of status of child may be executed at any
100-48 time after the first trimester of the pregnancy of the mother.
100-49 Sec. 161.106. AFFIDAVIT OF WAIVER OF INTEREST IN CHILD.
100-50 (a) A man may sign an affidavit disclaiming any interest in a
100-51 child and waiving notice or the service of citation in any suit
100-52 filed or to be filed affecting the parent-child relationship with
100-53 respect to the child.
100-54 (b) The affidavit may be signed before the birth of the
100-55 child.
100-56 (c) The affidavit shall be:
100-57 (1) signed by the man, whether or not a minor;
100-58 (2) witnessed by two credible persons; and
100-59 (3) verified before a person authorized to take oaths.
100-60 (d) The affidavit may contain a statement that the affiant
100-61 does not admit being the father of the child or having had a sexual
100-62 relationship with the mother of the child.
100-63 (e) An affidavit of waiver of interest in a child may be
100-64 used in a suit in which the affiant attempts to establish an
100-65 interest in the child. The affidavit may not be used in a suit
100-66 brought by another person, licensed child-placing agency, or
100-67 authorized agency to establish the affiant's paternity of the
100-68 child.
100-69 Sec. 161.107. MISSING PARENT OR RELATIVE. (a) In this
100-70 section:
101-1 (1) "Parent" means a parent whose parent-child
101-2 relationship with a child has not been terminated.
101-3 (2) "Relative" means a parent, grandparent, or adult
101-4 sibling or child.
101-5 (b) If a parent of the child has not been personally served
101-6 in a suit in which the Department of Protective and Regulatory
101-7 Services seeks termination, the department must make a diligent
101-8 effort to locate that parent.
101-9 (c) If a parent has not been personally served and cannot be
101-10 located, the department shall make a diligent effort to locate a
101-11 relative of the missing parent to give the relative an opportunity
101-12 to request appointment as the child's managing conservator.
101-13 (d) If the department is not able to locate a missing parent
101-14 or a relative of that parent, the department shall request the
101-15 state agency designated to administer a statewide plan for child
101-16 support to use the parental locator service established under 42
101-17 U.S.C. Section 653 to determine the location of the missing parent
101-18 or relative.
101-19 (e) The department shall be required to provide evidence to
101-20 the court to show what actions were taken by the department in
101-21 making a diligent effort to locate the missing parent and relative
101-22 of the missing parent.
101-23 (Sections 161.108-161.200 reserved for expansion)
101-24 SUBCHAPTER C. HEARING AND ORDER
101-25 Sec. 161.201. NO FINAL ORDER UNTIL CHILD FIVE DAYS OLD. If
101-26 the petition in a suit for termination is filed before the birth of
101-27 the child, the court may not conduct a hearing in the suit nor
101-28 render an order other than a temporary order until the child is at
101-29 least five days old.
101-30 Sec. 161.202. PREFERENTIAL SETTING; SUIT BY GOVERNMENTAL
101-31 ENTITY. In a termination suit filed by a governmental entity,
101-32 licensed child-placing agency, or authorized agency, after a
101-33 hearing, the court shall grant a motion for a preferential setting
101-34 for a final hearing on the merits filed by a party to the suit or
101-35 by the attorney or guardian ad litem for the child and shall give
101-36 precedence to that hearing over other civil cases if:
101-37 (1) termination would make the child eligible for
101-38 adoption; and
101-39 (2) discovery has been completed or sufficient time
101-40 has elapsed since the filing of the suit for the completion of all
101-41 necessary and reasonable discovery if diligently pursued.
101-42 Sec. 161.203. DISMISSAL OF PETITION. A suit to terminate
101-43 may not be dismissed nor may a nonsuit be taken unless the
101-44 dismissal or nonsuit is approved by the court.
101-45 Sec. 161.204. TERMINATION BASED ON AFFIDAVIT OF WAIVER OF
101-46 INTEREST. In a suit for termination, the court may render an order
101-47 terminating all legal relationships and rights which exist or may
101-48 exist between a child and a man who has signed an affidavit of
101-49 waiver of interest in the child, if the termination is in the best
101-50 interest of the child.
101-51 Sec. 161.205. ORDER DENYING TERMINATION. If the court does
101-52 not order termination of the parent-child relationship, it shall:
101-53 (1) dismiss the petition; or
101-54 (2) render any order in the best interest of the
101-55 child.
101-56 Sec. 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If
101-57 the court finds grounds for termination of the parent-child
101-58 relationship, it shall render an order terminating the parent-child
101-59 relationship.
101-60 (b) An order terminating the parent-child relationship
101-61 divests the parent and the child of all legal rights and duties
101-62 with respect to each other, except that the child retains the right
101-63 to inherit from and through the parent unless the court otherwise
101-64 provides.
101-65 (c) Nothing in this chapter precludes or affects the rights
101-66 of a biological or adoptive maternal or paternal grandparent to
101-67 reasonable access under Chapter 153.
101-68 Sec. 161.207. APPOINTMENT OF MANAGING CONSERVATOR ON
101-69 TERMINATION. (a) If the court terminates the parent-child
101-70 relationship with respect to both parents or to the only living
102-1 parent, the court shall appoint a suitable, competent adult, the
102-2 Department of Protective and Regulatory Services, a licensed
102-3 child-placing agency, or an authorized agency as managing
102-4 conservator of the child. An agency designated managing
102-5 conservator in an unrevoked or irrevocable affidavit of
102-6 relinquishment shall be appointed managing conservator.
102-7 (b) The order of appointment may refer to the docket number
102-8 of the suit and need not refer to the parties nor be accompanied by
102-9 any other papers in the record.
102-10 Sec. 161.208. APPOINTMENT OF DEPARTMENT OF PROTECTIVE AND
102-11 REGULATORY SERVICES AS MANAGING CONSERVATOR. If a parent of the
102-12 child has not been personally served in a suit in which the
102-13 Department of Protective and Regulatory Services seeks termination,
102-14 the court that terminates a parent-child relationship may not
102-15 appoint the Department of Protective and Regulatory Services as
102-16 permanent managing conservator of the child unless the court
102-17 determines that:
102-18 (1) the department has made a diligent effort to
102-19 locate a missing parent who has not been personally served and a
102-20 relative of that parent; and
102-21 (2) a relative located by the department has had a
102-22 reasonable opportunity to request appointment as managing
102-23 conservator of the child or the department has not been able to
102-24 locate the missing parent or a relative of the missing parent.
102-25 Sec. 161.209. COPY OF ORDER OF TERMINATION. A copy of an
102-26 order of termination rendered under Section 161.206 is not required
102-27 to be mailed to parties as provided by Rules 119a and 239a, Texas
102-28 Rules of Civil Procedure.
102-29 Sec. 161.210. SEALING OF FILE. The court, on the motion of
102-30 a party or on the court's own motion, may order the sealing of the
102-31 file, the minutes of the court, or both, in a suit for termination.
102-32 CHAPTER 162. ADOPTION
102-33 SUBCHAPTER A. ADOPTION OF A CHILD
102-34 Sec. 162.001. WHO MAY ADOPT AND BE ADOPTED. (a) Subject to
102-35 the requirements for standing to sue in Chapter 102, an adult may
102-36 petition to adopt a child who may be adopted.
102-37 (b) A child residing in this state may be adopted if:
102-38 (1) the parent-child relationship as to each living
102-39 parent of the child has been terminated or a suit for termination
102-40 is joined with the suit for adoption; or
102-41 (2) the parent whose rights have not been terminated
102-42 is presently the spouse of the petitioner and the proceeding is for
102-43 a stepparent adoption.
102-44 (c) If an affidavit of relinquishment of parental rights
102-45 contains a consent for the Department of Protective and Regulatory
102-46 Services or a licensed child-placing agency to place the child for
102-47 adoption and appoints the department or agency managing conservator
102-48 of the child, further consent by the parent is not required and the
102-49 adoption order shall terminate all rights of the parent without
102-50 further termination proceedings.
102-51 Sec. 162.002. PREREQUISITES TO PETITION. (a) If a
102-52 petitioner is married, both spouses must join in the petition for
102-53 adoption.
102-54 (b) A petition in a suit for adoption or a suit for
102-55 appointment of a nonparent managing conservator with authority to
102-56 consent to adoption of a child must include:
102-57 (1) a verified allegation that there has been
102-58 compliance with Subchapter B; or
102-59 (2) if there has not been compliance with Subchapter
102-60 B, a verified statement of the particular reasons for
102-61 noncompliance.
102-62 Sec. 162.003. SOCIAL STUDY. In a suit for adoption, the
102-63 court shall order a social study as provided in Chapter 107.
102-64 Sec. 162.004. TIME FOR HEARING. (a) The court shall set
102-65 the date for the hearing on the adoption at a time not before the
102-66 40th day or later than the 60th day after the date the social study
102-67 is ordered.
102-68 (b) For good cause shown, the court may set the hearing at
102-69 any time that provides adequate time for filing the social study.
102-70 Sec. 162.005. PREPARATION OF HEALTH, SOCIAL, EDUCATIONAL,
103-1 AND GENETIC HISTORY REPORT. (a) This section does not apply to an
103-2 adoption by the child's:
103-3 (1) grandparent;
103-4 (2) aunt or uncle by birth, marriage, or prior
103-5 adoption; or
103-6 (3) stepparent.
103-7 (b) Before placing a child for adoption, the Department of
103-8 Protective and Regulatory Services, a licensed child-placing
103-9 agency, or the child's parent or guardian shall compile a report on
103-10 the available health, social, educational, and genetic history of
103-11 the child to be adopted.
103-12 (c) The report shall include a history of physical, sexual,
103-13 or emotional abuse suffered by the child, if any.
103-14 (d) If the child has been placed for adoption by a person or
103-15 entity other than the department, a licensed child-placing agency,
103-16 or the child's parent or guardian, it is the duty of the person or
103-17 entity who places the child for adoption to prepare the report.
103-18 (e) The person or entity who places the child for adoption
103-19 shall provide the prospective adoptive parents a copy of the report
103-20 as early as practicable before the first meeting of the adoptive
103-21 parents with the child. The copy of the report shall be edited to
103-22 protect the identity of birth parents and their families.
103-23 (f) The department, licensed child-placing agency, parent,
103-24 guardian, person, or entity who prepares and files the original
103-25 report is required to furnish supplemental medical, psychological,
103-26 and psychiatric information to the adoptive parents if that
103-27 information becomes available and to file the supplemental
103-28 information where the original report is filed. The supplemental
103-29 information shall be retained for as long as the original report is
103-30 required to be retained.
103-31 Sec. 162.006. RIGHT TO EXAMINE RECORDS. (a) The
103-32 department, licensed child-placing agency, person, or entity
103-33 placing a child for adoption shall inform the prospective adoptive
103-34 parents of their right to examine the records and other information
103-35 relating to the history of the child. The person or entity placing
103-36 the child for adoption shall edit the records and information to
103-37 protect the identity of the biological parents and any other person
103-38 whose identity is confidential.
103-39 (b) The department, licensed child-placing agency, or court
103-40 retaining a copy of the report shall provide a copy of the report
103-41 that has been edited to protect the identity of the birth parents
103-42 and any other person whose identity is confidential to the
103-43 following persons on request:
103-44 (1) an adoptive parent of the adopted child;
103-45 (2) the managing conservator, guardian of the person,
103-46 or legal custodian of the adopted child;
103-47 (3) the adopted child, after the child is an adult;
103-48 (4) the surviving spouse of the adopted child if the
103-49 adopted child is dead and the spouse is the parent or guardian of a
103-50 child of the deceased adopted child; or
103-51 (5) a progeny of the adopted child if the adopted
103-52 child is dead and the progeny is an adult.
103-53 (c) A copy of the report may not be furnished to a person
103-54 who cannot furnish satisfactory proof of identity and legal
103-55 entitlement to receive a copy.
103-56 (d) A person requesting a copy of the report shall pay the
103-57 actual and reasonable costs of providing a copy and verifying
103-58 entitlement to the copy.
103-59 (e) The report shall be retained for 99 years from the date
103-60 of the adoption by the department or licensed child-placing agency
103-61 placing the child for adoption. If the agency ceases to function
103-62 as a child-placing agency, the agency shall transfer all the
103-63 reports to the department or, after giving notice to the
103-64 department, to a transferee agency that is assuming responsibility
103-65 for the preservation of the agency's adoption records. If the
103-66 child has not been placed for adoption by the department or a
103-67 licensed child-placing agency and if the child is being adopted by
103-68 a person other than the child's stepparent, grandparent, aunt, or
103-69 uncle by birth, marriage, or prior adoption, the person or entity
103-70 who places the child for adoption shall file the report with the
104-1 department, which shall retain the copies for 99 years from the
104-2 date of the adoption.
104-3 Sec. 162.007. CONTENTS OF HEALTH, SOCIAL, EDUCATIONAL, AND
104-4 GENETIC HISTORY REPORT. (a) The health history of the child must
104-5 include information about:
104-6 (1) the child's health status at the time of
104-7 placement;
104-8 (2) the child's birth, neonatal, and other medical,
104-9 psychological, psychiatric, and dental history information;
104-10 (3) a record of immunizations for the child; and
104-11 (4) the available results of medical, psychological,
104-12 psychiatric, and dental examinations of the child.
104-13 (b) The social history of the child must include
104-14 information, to the extent known, about past and existing
104-15 relationships between the child and the child's siblings, parents
104-16 by birth, extended family, and other persons who have had physical
104-17 possession of or legal access to the child.
104-18 (c) The educational history of the child must include, to
104-19 the extent known, information about:
104-20 (1) the enrollment and performance of the child in
104-21 educational institutions;
104-22 (2) results of educational testing and standardized
104-23 tests for the child; and
104-24 (3) special educational needs, if any, of the child.
104-25 (d) The genetic history of the child must include a
104-26 description of the child's parents by birth and their parents, any
104-27 other child born to either of the child's parents, and extended
104-28 family members and must include, to the extent the information is
104-29 available, information about:
104-30 (1) their health and medical history, including any
104-31 genetic diseases and disorders;
104-32 (2) their health status at the time of placement;
104-33 (3) the cause of and their age at death;
104-34 (4) their height, weight, and eye and hair color;
104-35 (5) their nationality and ethnic background;
104-36 (6) their general levels of educational and
104-37 professional achievements, if any;
104-38 (7) their religious backgrounds, if any;
104-39 (8) any psychological, psychiatric, or social
104-40 evaluations, including the date of the evaluation, any diagnosis,
104-41 and a summary of any findings;
104-42 (9) any criminal conviction records relating to a
104-43 misdemeanor or felony classified as an offense against the person
104-44 or family or public indecency or a felony violation of a statute
104-45 intended to control the possession or distribution of a substance
104-46 included in Chapter 481, Health and Safety Code; and
104-47 (10) any information necessary to determine whether
104-48 the child is entitled to or otherwise eligible for state or federal
104-49 financial, medical, or other assistance.
104-50 Sec. 162.008. FILING OF HEALTH, SOCIAL, EDUCATIONAL, AND
104-51 GENETIC HISTORY REPORT. (a) This section does not apply to an
104-52 adoption by the child's:
104-53 (1) grandparent;
104-54 (2) aunt or uncle by birth, marriage, or prior
104-55 adoption; or
104-56 (3) stepparent.
104-57 (b) A petition for adoption may not be granted until the
104-58 following documents have been filed:
104-59 (1) a copy of the health, social, educational, and
104-60 genetic history report signed by the child's adoptive parents; and
104-61 (2) if the report is required to be submitted to the
104-62 department by Section 162.006(e), a certificate from the department
104-63 acknowledging receipt of the report.
104-64 (c) A court having jurisdiction of a suit affecting the
104-65 parent-child relationship may by order waive the making and filing
104-66 of a report under this section if the child's biological parents
104-67 cannot be located and their absence results in insufficient
104-68 information being available to compile the report.
104-69 Sec. 162.009. RESIDENCE WITH PETITIONER. (a) The court may
104-70 not grant an adoption until the child has resided with the
105-1 petitioner for not less than six months.
105-2 (b) On request of the petitioner, the court may waive the
105-3 residence requirement if the waiver is in the best interest of the
105-4 child.
105-5 Sec. 162.010. CONSENT REQUIRED. (a) Unless the managing
105-6 conservator is the petitioner, the written consent of a managing
105-7 conservator to the adoption must be filed. The court may waive the
105-8 requirement of consent by the managing conservator if the court
105-9 finds that the consent is being refused or has been revoked without
105-10 good cause.
105-11 (b) If a parent of the child is presently the spouse of the
105-12 petitioner, that parent must join in the petition for adoption and
105-13 further consent of that parent is not required.
105-14 (c) A child 12 years of age or older must consent to the
105-15 adoption in writing or in court. The court may waive this
105-16 requirement if it would serve the child's best interest.
105-17 Sec. 162.011. REVOCATION OF CONSENT. At any time before an
105-18 order granting the adoption of the child is rendered, a consent
105-19 required by Section 162.010 may be revoked by filing a signed
105-20 revocation.
105-21 Sec. 162.012. DIRECT OR COLLATERAL ATTACK. (a) The
105-22 validity of an adoption order is not subject to attack after the
105-23 second anniversary of the date the order was rendered.
105-24 (b) The validity of a final adoption order is not subject to
105-25 attack because a health, social, educational, and genetic history
105-26 was not filed.
105-27 Sec. 162.013. ABATEMENT OR DISMISSAL. (a) If the sole
105-28 petitioner dies or the joint petitioners die, the court shall
105-29 dismiss the suit for adoption.
105-30 (b) If one of the joint petitioners dies, the proceeding
105-31 shall continue uninterrupted.
105-32 (c) If the joint petitioners divorce, the court shall abate
105-33 the suit for adoption. The court shall dismiss the petition unless
105-34 the petition is amended to request adoption by one of the original
105-35 petitioners.
105-36 Sec. 162.014. ATTENDANCE AT HEARING REQUIRED. (a) If the
105-37 joint petitioners are husband and wife and it would be unduly
105-38 difficult for one of the petitioners to appear at the hearing, the
105-39 court may waive the attendance of that petitioner if the other
105-40 spouse is present.
105-41 (b) A child to be adopted who is 12 years of age or older
105-42 shall attend the hearing. The court may waive this requirement in
105-43 the best interest of the child.
105-44 Sec. 162.015. RACE OR ETHNICITY. In determining the best
105-45 interest of the child, the court may not deny or delay the adoption
105-46 or otherwise discriminate on the basis of race or ethnicity of the
105-47 child or the prospective adoptive parents.
105-48 Sec. 162.016. ADOPTION ORDER. (a) If a petition requesting
105-49 termination has been joined with a petition requesting adoption,
105-50 the court shall also terminate the parent-child relationship at the
105-51 same time the adoption order is rendered. The court must make
105-52 separate findings that the termination is in the best interest of
105-53 the child and that the adoption is in the best interest of the
105-54 child.
105-55 (b) If the court finds that the requirements for adoption
105-56 have been met and the adoption is in the best interest of the
105-57 child, the court shall grant the adoption.
105-58 (c) The name of the child may be changed in the order if
105-59 requested.
105-60 Sec. 162.017. EFFECT OF ADOPTION. (a) An order of adoption
105-61 creates the parent-child relationship between the adoptive parent
105-62 and the child for all purposes.
105-63 (b) An adopted child is entitled to inherit from and through
105-64 the child's adoptive parents as though the child were the
105-65 biological child of the parents.
105-66 (c) The terms "child," "descendant," "issue," and other
105-67 terms indicating the relationship of parent and child include an
105-68 adopted child unless the context or express language clearly
105-69 indicates otherwise.
105-70 (d) Nothing in this chapter precludes or affects the rights
106-1 of a biological or adoptive maternal or paternal grandparent to
106-2 reasonable access, as provided in Chapter 153.
106-3 Sec. 162.018. ACCESS TO INFORMATION. (a) The adoptive
106-4 parents are entitled to receive copies of the records and other
106-5 information relating to the history of the child maintained by the
106-6 department, licensed child-placing agency, person, or entity
106-7 placing the child for adoption.
106-8 (b) The adoptive parents and the adopted child, after the
106-9 child is an adult, are entitled to receive copies of the records
106-10 that have been edited to protect the identity of the biological
106-11 parents and any other person whose identity is confidential and
106-12 other information relating to the history of the child maintained
106-13 by the department, licensed child-placing agency, person, or entity
106-14 placing the child for adoption.
106-15 (c) It is the duty of the person or entity placing the child
106-16 for adoption to edit the records and information to protect the
106-17 identity of the biological parents and any other person whose
106-18 identity is confidential.
106-19 Sec. 162.019. COPY OF ORDER. A copy of the adoption order
106-20 is not required to be mailed to the parties as provided in Rules
106-21 119a and 239a, Texas Rules of Civil Procedure.
106-22 Sec. 162.020. WITHDRAWAL OR DENIAL OF PETITION. If a
106-23 petition requesting adoption is withdrawn or denied, the court may
106-24 order the removal of the child from the proposed adoptive home if
106-25 removal is in the child's best interest and may enter any order
106-26 necessary for the welfare of the child.
106-27 Sec. 162.021. SEALING FILE. (a) The court, on the motion
106-28 of a party or on the court's own motion, may order the sealing of
106-29 the file and the minutes of the court, or both, in a suit
106-30 requesting an adoption.
106-31 (b) Rendition of the order does not relieve the clerk from
106-32 the duty to send the files or petitions and decrees of adoption to
106-33 the department as required by this subchapter.
106-34 Sec. 162.022. CONFIDENTIALITY MAINTAINED BY CLERK. The
106-35 records concerning a child maintained by the district clerk after
106-36 entry of an order of adoption are confidential. No person is
106-37 entitled to access to the records or may obtain information from
106-38 the records except for good cause under an order of the court that
106-39 issued the order.
106-40 Sec. 162.023. TRANSMITTAL OF ADOPTION RECORD BY CLERK.
106-41 (a) On entry of an order of adoption or on the termination of the
106-42 jurisdiction of the court, the clerk of the court at the
106-43 petitioner's request shall send to the Department of Protective and
106-44 Regulatory Services a complete file in the case, including the
106-45 pleadings, papers, studies, and records in the suit other than the
106-46 minutes of the court.
106-47 (b) The clerk of the court, on entry of an order of
106-48 adoption, shall send to the department a certified copy of the
106-49 petition and order of adoption. The clerk may not send to the
106-50 department pleadings, papers, studies, and records for a suit for
106-51 divorce or annulment or to declare a marriage void.
106-52 Sec. 162.024. CONFIDENTIALITY REQUIREMENT FOR DEPARTMENT.
106-53 (a) When the Department of Protective and Regulatory Services
106-54 receives the complete file or petition and order of adoption, the
106-55 department shall close the records concerning that child. Except
106-56 for statistical purposes, the department may not disclose any
106-57 information concerning the proceedings concerning the child.
106-58 (b) Except on the order of the court that issued the order
106-59 of adoption, any inquiry concerning the child shall be considered
106-60 as though the child had not previously been the subject of a suit
106-61 affecting the parent-child relationship.
106-62 (c) On receipt of additional records concerning a child who
106-63 has been the subject of a suit affecting the parent-child
106-64 relationship in which the records have been closed as provided by
106-65 this section, a new file shall be made and maintained in the manner
106-66 of other records required by this section.
106-67 (Sections 162.025-162.100 reserved for expansion)
106-68 SUBCHAPTER B. INTERSTATE PLACEMENT OF CHILDREN; INTERSTATE COMPACT
106-69 Sec. 162.101. DEFINITIONS. In this subchapter:
106-70 (1) "Appropriate public authorities," with reference
107-1 to this state, means the executive director.
107-2 (2) "Appropriate authority in the receiving state,"
107-3 with reference to this state, means the executive director.
107-4 (3) "Child" means a person who, by reason of minority,
107-5 is legally subject to parental, guardianship, or similar control.
107-6 (4) "Child-care facility" means a facility that
107-7 provides care, training, education, custody, treatment, or
107-8 supervision for a minor child who is not related by blood,
107-9 marriage, or adoption to the owner or operator of the facility,
107-10 whether or not the facility is operated for profit and whether or
107-11 not the facility makes a charge for the service offered by it.
107-12 (5) "Compact" means the Interstate Compact on the
107-13 Placement of Children.
107-14 (6) "Department" means the Department of Protective
107-15 and Regulatory Services.
107-16 (7) "Executive head," with reference to this state,
107-17 means the governor.
107-18 (8) "Executive director" means the executive director
107-19 of the Department of Protective and Regulatory Services.
107-20 (9) "Placement" means an arrangement for the care of a
107-21 child in a family free, in a boarding home, or in a child-care
107-22 facility or institution, including an institution caring for the
107-23 mentally ill, mentally defective, or epileptic, but does not
107-24 include an institution primarily educational in character or a
107-25 hospital or other primarily medical facility.
107-26 (10) "Sending agency" means a state, a subdivision of
107-27 a state, an officer or employee of a state or subdivision of a
107-28 state, a court of a state, or a person, partnership, corporation,
107-29 association, charitable agency, or other entity, located outside
107-30 this state, that sends, brings, or causes to be sent or brought a
107-31 child into this state.
107-32 Sec. 162.102. REQUIRED NOTICE OF INTENT TO PLACE A CHILD.
107-33 (a) Before the placement in this state of a child from another
107-34 state, the sending agency must furnish the department written
107-35 notice of its intention to place the child in this state. The
107-36 notice must contain:
107-37 (1) the name and the date and place of birth of the
107-38 child;
107-39 (2) the names and addresses of the child's parents or
107-40 legal guardian and the legal relationship of the named persons to
107-41 the child;
107-42 (3) the name and address of the person, agency, or
107-43 institution with which the sending agency proposes to place the
107-44 child; and
107-45 (4) a full statement of the reasons for the placement
107-46 and evidence of the authority under which the placement is proposed
107-47 to be made.
107-48 (b) After receipt of a notice under Subsection (a), the
107-49 executive director may request additional or supporting information
107-50 considered necessary from an appropriate authority in the state
107-51 where the child is located.
107-52 (c) A sending agency may not send, bring, or cause to be
107-53 sent or brought into this state a child for placement until the
107-54 executive director notifies the sending agency in writing that the
107-55 proposed placement does not appear to be contrary to the best
107-56 interest of the child.
107-57 (d) A child-care facility in this state may not receive a
107-58 child for placement unless the placement conforms to the
107-59 requirements of this subchapter.
107-60 Sec. 162.103. RESPONSIBILITIES OF SENDING AGENCY.
107-61 (a) After placement in this state, the sending agency retains
107-62 jurisdiction over the child to determine all matters relating to
107-63 the custody, supervision, care, treatment, and disposition of the
107-64 child that it would have had if the child had remained in the
107-65 sending agency's state, until the child is adopted, reaches
107-66 majority, becomes self-supporting, or is discharged with the
107-67 concurrence of the executive director. The sending agency may
107-68 cause the child to be returned to it or transferred to another
107-69 location, except as provided by Section 162.110(a).
107-70 (b) The sending agency has financial responsibility for the
108-1 support and maintenance of the child during each period of
108-2 placement in this state. If the sending agency fails wholly or in
108-3 part to provide financial support and maintenance during placement,
108-4 the executive director may bring suit under Chapter 154 and may
108-5 file a complaint with the appropriate prosecuting attorney,
108-6 claiming a violation of Section 25.05, Penal Code.
108-7 (c) After the failure by the sending agency to provide
108-8 support or maintenance for a child, if the executive director
108-9 determines that financial responsibility is unlikely to be assumed
108-10 by the sending agency or by the child's parents or guardian if not
108-11 the sending agency, the executive director shall cause the child to
108-12 be returned to the sending agency.
108-13 (d) After the failure of the sending agency to provide
108-14 support or maintenance for a child, the department shall assume
108-15 financial responsibility for the child until responsibility is
108-16 assumed by the sending agency or the child's parents or guardian or
108-17 until the child is safely returned to the sending agency.
108-18 Sec. 162.104. DELINQUENT CHILD. A child adjudicated as
108-19 delinquent in another state may not be placed in this state unless
108-20 the child has received a court hearing, after notice to a parent or
108-21 guardian, where the child had an opportunity to be heard and the
108-22 court found that:
108-23 (1) equivalent facilities for the child are not
108-24 available in the sending agency's jurisdiction; and
108-25 (2) institutional care in this state is in the best
108-26 interest of the child and will not produce undue hardship.
108-27 Sec. 162.105. PRIVATE CHARITABLE AGENCIES. This subchapter
108-28 does not prevent a private charitable agency authorized to place
108-29 children in this state from performing services or acting as an
108-30 agent in this state for a private charitable agency in a sending
108-31 state or prevent the agency in this state from discharging
108-32 financial responsibility for the support and maintenance of a child
108-33 who has been placed on behalf of a sending agency without altering
108-34 financial responsibility as provided by Section 162.103.
108-35 Sec. 162.106. EXEMPTIONS. This subchapter does not apply
108-36 to:
108-37 (1) the sending or bringing of a child into this state
108-38 by the child's parent, stepparent, grandparent, adult brother or
108-39 sister, adult uncle or aunt, or guardian;
108-40 (2) the leaving of the child with a person described
108-41 in Subdivision (1) or with a nonagency guardian in this state; or
108-42 (3) the placement, sending, or bringing of a child
108-43 into this state under the provisions of an interstate compact to
108-44 which both this state and the state from which the child is sent or
108-45 brought are parties.
108-46 Sec. 162.107. PENALTIES. (a) An individual or corporation
108-47 commits an offense if the individual or corporation violates
108-48 Section 162.102(a) or (c). An offense under this subsection is a
108-49 Class B misdemeanor.
108-50 (b) A child-care facility in this state commits an offense
108-51 if the facility violates Section 162.102(d). An offense under this
108-52 subsection is a Class B misdemeanor. On conviction, the court
108-53 shall revoke a license to operate as a child-care facility or
108-54 child-care institution issued to the facility by the department.
108-55 Sec. 162.108. ADOPTION OF COMPACT; TEXT. The Interstate
108-56 Compact on the Placement of Children is adopted by this state and
108-57 entered into with all other jurisdictions in form substantially as
108-58 follows:
108-59 INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN
108-60 ARTICLE I. PURPOSE AND POLICY
108-61 It is the purpose and policy of the party states to cooperate
108-62 with each other in the interstate placement of children to the end
108-63 that:
108-64 (a) Each child requiring placement shall receive the
108-65 maximum opportunity to be placed in a suitable environment and with
108-66 persons or institutions having appropriate qualifications and
108-67 facilities to provide a necessary and desirable degree and type of
108-68 care.
108-69 (b) The appropriate authorities in a state where a
108-70 child is to be placed may have full opportunity to ascertain the
109-1 circumstances of the proposed placement, thereby promoting full
109-2 compliance with applicable requirements for the protection of the
109-3 child.
109-4 (c) The proper authorities of the state from which the
109-5 placement is made may obtain the most complete information on the
109-6 basis on which to evaluate a projected placement before it is made.
109-7 (d) Appropriate jurisdictional arrangements for the
109-8 care of children will be promoted.
109-9 ARTICLE II. DEFINITIONS
109-10 As used in this compact:
109-11 (a) "Child" means a person who, by reason of minority,
109-12 is legally subject to parental, guardianship, or similar control.
109-13 (b) "Sending agency" means a party state, officer, or
109-14 employee thereof; a subdivision of a party state, or officer or
109-15 employee thereof; a court of a party state; a person, corporation,
109-16 association, charitable agency, or other entity which sends,
109-17 brings, or causes to be sent or brought any child to another party
109-18 state.
109-19 (c) "Receiving state" means the state to which a child
109-20 is sent, brought, or caused to be sent or brought, whether by
109-21 public authorities or private persons or agencies, and whether for
109-22 placement with state or local public authorities or for placement
109-23 with private agencies or persons.
109-24 (d) "Placement" means the arrangement for the care of
109-25 a child in a family free or boarding home or in a child-caring
109-26 agency or institution but does not include any institution caring
109-27 for the mentally ill, mentally defective, or epileptic or any
109-28 institution primarily educational in character, and any hospital or
109-29 other medical facility.
109-30 ARTICLE III. CONDITIONS FOR PLACEMENT
109-31 (a) No sending agency shall send, bring, or cause to be sent
109-32 or brought into any other party state any child for placement in
109-33 foster care or as a preliminary to a possible adoption unless the
109-34 sending agency shall comply with each and every requirement set
109-35 forth in this article and with the applicable laws of the receiving
109-36 state governing the placement of children therein.
109-37 (b) Prior to sending, bringing, or causing any child to be
109-38 sent or brought into a receiving state for placement in foster care
109-39 or as a preliminary to a possible adoption, the sending agency
109-40 shall furnish the appropriate public authorities in the receiving
109-41 state written notice of the intention to send, bring, or place the
109-42 child in the receiving state. The notice shall contain:
109-43 (1) the name, date, and place of birth of the child;
109-44 (2) the identity and address or addresses of the
109-45 parents or legal guardian;
109-46 (3) the name and address of the person, agency, or
109-47 institution to or with which the sending agency proposes to send,
109-48 bring, or place the child;
109-49 (4) a full statement of the reasons for such proposed
109-50 action and evidence of the authority pursuant to which the
109-51 placement is proposed to be made.
109-52 (c) Any public officer or agency in a receiving state which
109-53 is in receipt of a notice pursuant to Paragraph (b) of this article
109-54 may request of the sending agency, or any other appropriate officer
109-55 or agency of or in the sending agency's state, and shall be
109-56 entitled to receive therefrom, such supporting or additional
109-57 information as it may deem necessary under the circumstances to
109-58 carry out the purpose and policy of this compact.
109-59 (d) The child shall not be sent, brought, or caused to be
109-60 sent or brought into the receiving state until the appropriate
109-61 public authorities in the receiving state shall notify the sending
109-62 agency, in writing, to the effect that the proposed placement does
109-63 not appear to be contrary to the interests of the child.
109-64 ARTICLE IV. PENALTY FOR ILLEGAL PLACEMENT
109-65 The sending, bringing, or causing to be sent or brought into
109-66 any receiving state of a child in violation of the terms of this
109-67 compact shall constitute a violation of the laws respecting the
109-68 placement of children of both the state in which the sending agency
109-69 is located or from which it sends or brings the child and of the
109-70 receiving state. Such violation may be punished or subjected to
110-1 penalty in either jurisdiction in accordance with its laws. In
110-2 addition to liability for any such punishment or penalty, any such
110-3 violation shall constitute full and sufficient grounds for the
110-4 suspension or revocation of any license, permit, or other legal
110-5 authorization held by the sending agency which empowers or allows
110-6 it to place or care for children.
110-7 ARTICLE V. RETENTION OF JURISDICTION
110-8 (a) The sending agency shall retain jurisdiction over the
110-9 child sufficient to determine all matters in relation to the
110-10 custody, supervision, care, treatment, and disposition of the child
110-11 which it would have had if the child had remained in the sending
110-12 agency's state, until the child is adopted, reaches majority,
110-13 becomes self-supporting, or is discharged with the concurrence of
110-14 the appropriate authority in the receiving state. Such
110-15 jurisdiction shall also include the power to effect or cause the
110-16 return of the child or its transfer to another location and custody
110-17 pursuant to law. The sending agency shall continue to have
110-18 financial responsibility for support and maintenance of the child
110-19 during the period of the placement. Nothing contained herein shall
110-20 defeat a claim of jurisdiction by a receiving state sufficient to
110-21 deal with an act of delinquency or crime committed therein.
110-22 (b) When the sending agency is a public agency, it may enter
110-23 into an agreement with an authorized public or private agency in
110-24 the receiving state providing for the performance of one or more
110-25 services in respect of such case by the latter as agent for the
110-26 sending agency.
110-27 (c) Nothing in this compact shall be construed to prevent a
110-28 private charitable agency authorized to place children in the
110-29 receiving state from performing services or acting as agent in that
110-30 state for a private charitable agency of the sending state; nor to
110-31 prevent the agency in the receiving state from discharging
110-32 financial responsibility for the support and maintenance of a child
110-33 who has been placed on behalf of the sending agency without
110-34 relieving the responsibility set forth in Paragraph (a) hereof.
110-35 ARTICLE VI. INSTITUTIONAL CARE OF DELINQUENT CHILDREN
110-36 A child adjudicated delinquent may be placed in an
110-37 institution in another party jurisdiction pursuant to this compact
110-38 but no such placement shall be made unless the child is given a
110-39 court hearing on notice to the parent or guardian with opportunity
110-40 to be heard, prior to his being sent to such other party
110-41 jurisdiction for institutional care and the court finds that:
110-42 (1) equivalent facilities for the child are not
110-43 available in the sending agency's jurisdiction; and
110-44 (2) institutional care in the other jurisdiction is in
110-45 the best interest of the child and will not produce undue hardship.
110-46 ARTICLE VII. COMPACT ADMINISTRATOR
110-47 The executive head of each jurisdiction party to this compact
110-48 shall designate an officer who shall be general coordinator of
110-49 activities under this compact in his jurisdiction and who, acting
110-50 jointly with like officers of other party jurisdictions, shall have
110-51 power to promulgate rules and regulations to carry out more
110-52 effectively the terms and provisions of this compact.
110-53 ARTICLE VIII. LIMITATIONS
110-54 This compact shall not apply to:
110-55 (a) the sending or bringing of a child into a
110-56 receiving state by his parent, stepparent, grandparent, adult
110-57 brother or sister, adult uncle or aunt, or his guardian and leaving
110-58 the child with any such relative or nonagency guardian in the
110-59 receiving state; or
110-60 (b) any placement, sending, or bringing of a child
110-61 into a receiving state pursuant to any other interstate compact to
110-62 which both the state from which the child is sent or brought and
110-63 the receiving state are party, or to any other agreement between
110-64 said states which has the force of law.
110-65 ARTICLE IX. ENACTMENT AND WITHDRAWAL
110-66 This compact shall be open to joinder by any state,
110-67 territory, or possession of the United States, the District of
110-68 Columbia, the Commonwealth of Puerto Rico, and, with the consent of
110-69 congress, the government of Canada or any province thereof. It
110-70 shall become effective with respect to any such jurisdiction when
111-1 such jurisdiction has enacted the same into law. Withdrawal from
111-2 this compact shall be by the enactment of a statute repealing the
111-3 same, but shall not take effect until two years after the effective
111-4 date of such statute and until written notice of the withdrawal has
111-5 been given by the withdrawing state to the governor of each other
111-6 party jurisdiction. Withdrawal of a party state shall not affect
111-7 the rights, duties, and obligations under this compact of any
111-8 sending agency therein with respect to a placement made prior to
111-9 the effective date of withdrawal.
111-10 ARTICLE X. CONSTRUCTION AND SEVERABILITY
111-11 The provisions of this compact shall be liberally construed
111-12 to effectuate the purposes thereof. The provisions of this compact
111-13 shall be severable and if any phrase, clause, sentence, or
111-14 provision of this compact is declared to be contrary to the
111-15 constitution of any party state or of the United States or the
111-16 applicability thereof to any government, agency, person, or
111-17 circumstance is held invalid, the validity of the remainder of this
111-18 compact and the applicability thereof to any government, agency,
111-19 person, or circumstance shall not be affected thereby. If this
111-20 compact shall be held contrary to the constitution of any state
111-21 party thereto, the compact shall remain in full force and effect as
111-22 to the remaining states and in full force and effect as to the
111-23 state affected as to all severable matters.
111-24 Sec. 162.109. FINANCIAL RESPONSIBILITY FOR CHILD.
111-25 (a) Financial responsibility for a child placed as provided in the
111-26 compact is determined, in the first instance, as provided in
111-27 Article V of the compact. After partial or complete default of
111-28 performance under the provisions of Article V assigning financial
111-29 responsibility, the executive director may bring suit under Chapter
111-30 154 and may file a complaint with the appropriate prosecuting
111-31 attorney, claiming a violation of Section 25.05, Penal Code.
111-32 (b) After default, if the executive director determines that
111-33 financial responsibility is unlikely to be assumed by the sending
111-34 agency or the child's parents, the executive director shall cause
111-35 the child to be returned to the sending agency.
111-36 (c) After default, the department shall assume financial
111-37 responsibility for the child until it is assumed by the child's
111-38 parents or until the child is safely returned to the sending
111-39 agency.
111-40 Sec. 162.110. APPROVAL OF PLACEMENT OR DISCHARGE. (a) The
111-41 executive director may not approve the placement of a child in this
111-42 state without the concurrence of the individuals with whom the
111-43 child is proposed to be placed or the head of an institution with
111-44 which the child is proposed to be placed.
111-45 (b) The executive director may not approve the discharge of
111-46 a child placed in a public institution in this state without the
111-47 concurrence of the head of the institution.
111-48 Sec. 162.111. PLACEMENT IN ANOTHER STATE. A juvenile court
111-49 may place a delinquent child in an institution in another state as
111-50 provided by Article VI of the compact. After placement in another
111-51 state, the court retains jurisdiction of the child as provided by
111-52 Article V of the compact.
111-53 Sec. 162.112. COMPACT ADMINISTRATOR. (a) The governor
111-54 shall appoint the executive director as compact administrator.
111-55 (b) If the executive director is unable to attend a compact
111-56 meeting, the executive director may designate a department employee
111-57 to attend the meeting as the executive director's representative.
111-58 Sec. 162.113. APPLICATION OF SUNSET ACT. The office of
111-59 administrator of the Interstate Compact on the Placement of
111-60 Children is subject to the Texas Sunset Act (Chapter 325,
111-61 Government Code). Unless continued in existence as provided by
111-62 that Act, the office is abolished and this subchapter expires
111-63 September 1, 1999.
111-64 Sec. 162.114. NOTICE OF MEETINGS. For informational
111-65 purposes, the department shall file with the secretary of state
111-66 notice of compact meetings for publication in the Texas Register.
111-67 (Sections 162.115-162.200 reserved for expansion)
111-68 (SUBCHAPTER C reserved for expansion)
111-69 (Sections 162.201-162.300 reserved for expansion)
111-70 SUBCHAPTER D. ADOPTION SERVICES
112-1 BY THE DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
112-2 Sec. 162.301. DEFINITIONS. In this subchapter:
112-3 (1) "Department" means the Department of Protective
112-4 and Regulatory Services.
112-5 (2) "Hard-to-place child" means a child who is:
112-6 (A) three years of age or older;
112-7 (B) difficult to place in an adoptive home
112-8 because of the child's age, race, color, ethnic background,
112-9 language, or physical, mental, or emotional disability; or
112-10 (C) a member of a sibling group that should be
112-11 placed in the same home.
112-12 Sec. 162.302. ADOPTION SERVICES PROGRAM. (a) The
112-13 department shall administer a program designed to promote the
112-14 adoption of hard-to-place children by providing information to
112-15 prospective adoptive parents concerning the availability of the
112-16 relinquished children, assisting the parents in completing the
112-17 adoption process, and providing financial assistance necessary for
112-18 the parents to adopt the children.
112-19 (b) The legislature intends that the program benefit
112-20 hard-to-place children residing in foster homes at state or county
112-21 expense by providing them with the stability and security of
112-22 permanent homes and that the costs paid by the state and counties
112-23 for foster home care for the children be reduced.
112-24 (c) The program shall be carried out by licensed
112-25 child-placing agencies or county child-care or welfare units under
112-26 rules adopted by the department.
112-27 (d) The department shall keep records necessary to evaluate
112-28 the program's effectiveness in encouraging and promoting the
112-29 adoption of hard-to-place children.
112-30 Sec. 162.303. DISSEMINATION OF INFORMATION. The department,
112-31 county child-care or welfare units, and licensed child-placing
112-32 agencies shall disseminate information to prospective adoptive
112-33 parents concerning the availability for adoption of hard-to-place
112-34 children and the existence of financial assistance for parents who
112-35 adopt them. Special effort shall be made to disseminate the
112-36 information to families that have lower income levels or that
112-37 belong to disadvantaged groups.
112-38 Sec. 162.304. FINANCIAL ASSISTANCE. (a) Adoption fees for
112-39 a hard-to-place child may be waived.
112-40 (b) The adoption of a hard-to-place child may be subsidized
112-41 by an amount not exceeding the amount that would be paid for foster
112-42 home care for the child if the child was not adopted. The need for
112-43 the subsidy shall be determined by the department under its rules.
112-44 (c) In addition to the subsidy under Subsection (b), the
112-45 department may subsidize the cost of medical care for a
112-46 hard-to-place child. The department shall determine the amount and
112-47 need for the subsidy.
112-48 (d) The county may pay a subsidy under Subsection (b) or (c)
112-49 if the county is responsible for the child's foster home care at
112-50 the time of the adoption.
112-51 (e) The state shall pay the subsidy if at the time of the
112-52 adoption the child is receiving aid under the Texas Department of
112-53 Human Services' aid to families with dependent children program.
112-54 The state may pay the subsidy if the department is managing
112-55 conservator for the child. If the child is receiving supplemental
112-56 security income from the federal government, the state may pay the
112-57 subsidy regardless of whether the state is the managing conservator
112-58 for the child.
112-59 Sec. 162.305. FUNDS. (a) The department shall actively
112-60 seek and use federal funds available for the purposes of this
112-61 subchapter.
112-62 (b) Gifts or grants from private sources for the purposes of
112-63 this subchapter shall be used to support the program.
112-64 Sec. 162.306. POSTADOPTION SERVICES. (a) The department
112-65 may provide services after adoption to adoptees and adoptive
112-66 families for whom the department provided services before the
112-67 adoption.
112-68 (b) The department may provide services under this section
112-69 directly or through contract.
112-70 (c) The services may include financial assistance, respite
113-1 care, placement services, parenting programs, support groups,
113-2 counseling services, and medical aid.
113-3 Sec. 162.307. POSTADOPTION SERVICES ADVISORY COMMITTEE.
113-4 (a) The postadoption services advisory committee is established.
113-5 (b) The committee consists of:
113-6 (1) a representative of the department appointed by
113-7 the executive director;
113-8 (2) a representative of the Texas Department of Mental
113-9 Health and Mental Retardation appointed by the commissioner of
113-10 mental health and mental retardation;
113-11 (3) an adoptive parent appointed by the lieutenant
113-12 governor;
113-13 (4) an adoptive parent appointed by the speaker of the
113-14 house;
113-15 (5) a psychologist or psychiatrist licensed to
113-16 practice in this state who specializes in treating adopted children
113-17 appointed by the lieutenant governor; and
113-18 (6) a representative of a private adoption agency
113-19 appointed by the speaker of the house.
113-20 (c) The executive director shall set the time and place of
113-21 the first meeting.
113-22 (d) Committee members serve two-year terms and may be
113-23 reappointed for subsequent terms.
113-24 (e) The committee shall annually elect one member to serve
113-25 as presiding officer.
113-26 (f) The committee shall meet not less than quarterly.
113-27 (g) An action taken by the committee must be approved by a
113-28 majority vote of the members present.
113-29 (h) A member of the committee may not receive compensation
113-30 but is entitled to reimbursement for actual and necessary expenses
113-31 incurred in performing the member's duties under this section.
113-32 (i) The department shall pay the expenses of the committee
113-33 and supply necessary personnel and supplies.
113-34 (j) The committee shall:
113-35 (1) monitor the postadoption services provided by the
113-36 department and the contracts issued for those services;
113-37 (2) study the costs and benefits provided by the
113-38 postadoption services;
113-39 (3) review the issues concerning adoptees and adoptive
113-40 families and develop appropriate policy recommendations for the
113-41 state; and
113-42 (4) submit a biennial report to the legislature not
113-43 later than February 1 of each odd-numbered year that includes the
113-44 results of the costs and benefits study, the policy recommendations
113-45 for the state, and committee recommendations to improve
113-46 postadoption services provided by the department.
113-47 Sec. 162.308. RACE OR ETHNICITY. The department, a county
113-48 child-care or welfare unit, or a licensed child-placing agency may
113-49 not deny or delay placement of a child for adoption or otherwise
113-50 discriminate on the basis of the race or ethnicity of the child or
113-51 the prospective adoptive parents.
113-52 (Sections 162.309-162.400 reserved for expansion)
113-53 SUBCHAPTER E. VOLUNTARY ADOPTION REGISTRIES
113-54 Sec. 162.401. PURPOSE. The purpose of this subchapter is to
113-55 provide for the establishment of mutual consent voluntary adoption
113-56 registries through which adoptees, birth parents, and biological
113-57 siblings may voluntarily locate each other. It is not the purpose
113-58 of this subchapter to inhibit or prohibit persons from locating
113-59 each other through other legal means or to inhibit or affect in any
113-60 way the provision of postadoptive services and education, by
113-61 adoption agencies or others, that go further than the procedures
113-62 set out for registries established under this subchapter.
113-63 Sec. 162.402. DEFINITIONS. In this subchapter:
113-64 (1) "Administrator" means the administrator of a
113-65 mutual consent voluntary adoption registry established under this
113-66 subchapter.
113-67 (2) "Adoptee" means a person 18 years of age or older
113-68 who has been legally adopted in this state during the person's
113-69 minority or who was born in this state and legally adopted during
113-70 the person's minority under the laws of another state or country.
114-1 (3) "Adoption" means the act of creating the legal
114-2 relationship of parent and child between a person and a child who
114-3 is not the biological child of that person. The term does not
114-4 include the act of establishing the legal relationship of parent
114-5 and child between a man and a child through proof of paternity or
114-6 voluntary legitimation proceedings or the adoption of an adult.
114-7 (4) "Adoption agency" means a person, other than a
114-8 natural parent or guardian of a child, who plans for the placement
114-9 of or places a child in the home of a prospective adoptive parent.
114-10 (5) "Adoptive parent" means an adult who is a parent
114-11 of an adoptee through a legal process of adoption.
114-12 (6) "Alleged father" means a man who is not deemed by
114-13 law to be or who has not been adjudicated to be the biological
114-14 father of an adoptee and who claims or is alleged to be the
114-15 adoptee's biological father.
114-16 (7) "Authorized agency" means a public social service
114-17 agency authorized to place children for adoption or any other
114-18 person approved for that purpose by the department. The term
114-19 includes a licensed or unlicensed private adoption agency that has
114-20 ceased operations as an adoption agency and has transferred its
114-21 adoption records to an agency authorized by the department to place
114-22 children for adoption and a licensed or unlicensed adoption agency
114-23 that has been acquired by, merged with, or otherwise succeeded by
114-24 an agency authorized by the department to place children for
114-25 adoption.
114-26 (8) "Biological parent" means a man or woman who is
114-27 the father or mother of genetic origin of a child.
114-28 (9) "Biological siblings" means siblings who share a
114-29 common birth parent.
114-30 (10) "Birth parent" means:
114-31 (A) the biological mother of an adoptee;
114-32 (B) the man adjudicated or presumed under
114-33 Chapter 151 to be the biological father of an adoptee; and
114-34 (C) a man who has signed a consent to adoption,
114-35 affidavit of relinquishment, affidavit of waiver of interest in
114-36 child, or other written instrument releasing the adoptee for
114-37 adoption, unless the consent, affidavit, or other instrument
114-38 includes a sworn refusal to admit or a denial of paternity. The
114-39 term includes a birth mother and birth father but does not include
114-40 a person adjudicated by a court of competent jurisdiction as not
114-41 being the biological parent of an adoptee.
114-42 (11) "Central registry" means the mutual consent
114-43 voluntary adoption registry established and maintained by the
114-44 department under this subchapter.
114-45 (12) "Department" means the Department of Protective
114-46 and Regulatory Services.
114-47 (13) "Registry" means a mutual consent voluntary
114-48 adoption registry established under this subchapter.
114-49 (14) "Siblings" means two or more persons who share a
114-50 common birth or adoptive parent.
114-51 Sec. 162.403. ESTABLISHMENT OF VOLUNTARY ADOPTION
114-52 REGISTRIES. (a) The department shall establish and maintain a
114-53 mutual consent voluntary adoption registry.
114-54 (b) Except as provided by Subsection (c), an agency
114-55 authorized by the department to place children for adoption and an
114-56 association comprised exclusively of those agencies may establish a
114-57 mutual consent voluntary adoption registry. An agency may contract
114-58 with any other agency authorized by the department to place
114-59 children for adoption or with an association comprised exclusively
114-60 of those agencies to perform registry services on its behalf.
114-61 (c) An authorized agency that did not directly or by
114-62 contract provide registry services as required by this subchapter
114-63 on January 1, 1984, may not provide its own registry service. The
114-64 department shall operate through the central registry those
114-65 services for agencies not permitted to provide a registry under
114-66 this section.
114-67 Sec. 162.404. ADMINISTRATION. (a) Each registry shall be
114-68 directed by a registry administrator. The administrator of a
114-69 registry established by an authorized agency may be a person other
114-70 than the administrator of that agency.
115-1 (b) The administrator may delegate to deputy administrators
115-2 and staff the duties established by this subchapter.
115-3 Sec. 162.405. CENTRAL INDEX. (a) The administrator of the
115-4 central registry shall compile a central index through which
115-5 adoptees and birth parents may identify the appropriate registry
115-6 through which to register.
115-7 (b) The clerk of the court in which an adoption is granted
115-8 shall, on or before the 10th day of the first month after the month
115-9 in which the adoption is granted, transmit to the administrator of
115-10 the central registry a report of adoption with respect to each
115-11 adoption granted. The report must include the following
115-12 information:
115-13 (1) the name of the adopted child after adoption as
115-14 shown in the final adoption decree;
115-15 (2) the birth date of the adopted child;
115-16 (3) the docket number of the adoption suit;
115-17 (4) the identity of the court granting the adoption;
115-18 (5) the date of the final adoption decree;
115-19 (6) the name and address of each parent, guardian,
115-20 managing conservator, or other person whose consent to adoption was
115-21 required or waived under Section 162.010 or whose parental rights
115-22 were terminated in the adoption suit;
115-23 (7) the identity of the authorized agency, if any,
115-24 through which the adopted child was placed for adoption; and
115-25 (8) the identity, address, and telephone number of the
115-26 registry through which the adopted child may register as an
115-27 adoptee.
115-28 (c) An authorized agency may file with the administrator of
115-29 the central registry a report of adoption with respect to any
115-30 person adopted during the person's minority before January 1, 1984.
115-31 The report may include:
115-32 (1) the name of the adopted child after adoption as
115-33 shown in the final adoption decree;
115-34 (2) the birth date of the adopted child;
115-35 (3) the docket number of the adoption suit;
115-36 (4) the identity of the court granting the adoption;
115-37 (5) the date of the final adoption decree;
115-38 (6) the identity of the agency, if any, through which
115-39 the adopted child was placed; and
115-40 (7) the identity, address, and telephone number of the
115-41 registry through which the adopted child may register as an
115-42 adoptee.
115-43 (d) On receiving an inquiry by an adoptee who has provided
115-44 satisfactory proof of age and identity and paid all required
115-45 inquiry fees, the administrator of the central registry shall
115-46 review the information on file in the central index. If the index
115-47 reveals that the adoptee was not placed for adoption through an
115-48 authorized agency, the administrator of the central registry shall
115-49 issue the adoptee an official certificate stating that the adoptee
115-50 is entitled to apply for registration through the central registry.
115-51 If the index identifies an authorized agency through which the
115-52 adoptee was placed for adoption, the administrator of the central
115-53 registry shall determine the identity of the registry through which
115-54 the adoptee may register. If the administrator of the central
115-55 registry cannot determine from the index whether the adoptee was
115-56 placed for adoption through an authorized agency, the administrator
115-57 of the central registry shall determine the identity of the
115-58 registry with which the adoptee may register.
115-59 (e) Each administrator shall, not later than the 30th day
115-60 after the date of receiving an inquiry from the administrator of
115-61 the central registry, respond in writing to the inquiry that the
115-62 registrant was not placed for adoption by an agency served by that
115-63 registry or that the registrant was placed for adoption by an
115-64 agency served by that registry. If the registrant was placed for
115-65 adoption by an agency served by the registry, the administrator
115-66 shall file a report with the administrator of the central registry
115-67 including the information described by Subsections (c)(1)-(6).
115-68 (f) After completing the investigation, the administrator of
115-69 the central registry shall issue an official certificate stating:
115-70 (1) the identity of the registry through which the
116-1 adoptee may apply for registration, if known; or
116-2 (2) if the administrator cannot make a conclusive
116-3 determination, that the adoptee is entitled to apply for
116-4 registration through the central registry and is entitled to apply
116-5 for registration through other registries created under this
116-6 subchapter.
116-7 (g) On receiving an inquiry by a birth parent who has
116-8 provided satisfactory proof of identity and age and paid all
116-9 required inquiry fees, the administrator of the central registry
116-10 shall review the information on file in the central index and
116-11 consult with the administrators of other registries in the state in
116-12 order to determine the identity of the appropriate registry or
116-13 registries through which the birth parent may register. Each
116-14 administrator shall, not later than the 30th day after the date of
116-15 receiving an inquiry from the administrator of the central
116-16 registry, respond in writing to the inquiry. After completing the
116-17 investigation, the administrator of the central registry shall
116-18 provide the birth parent with a written statement either
116-19 identifying the name, address, and telephone number of each
116-20 registry through which registration would be appropriate or stating
116-21 that after diligent inquiry the administrator cannot determine the
116-22 specific registry or registries through which registration would be
116-23 appropriate.
116-24 Sec. 162.406. REGISTRATION ELIGIBILITY. (a) An adoptee may
116-25 apply to a registry for information about the adoptee's birth
116-26 parents.
116-27 (b) A birth parent who is 21 years of age or older may apply
116-28 to a registry for information about an adoptee who is a child by
116-29 birth of the birth parent.
116-30 (c) An alleged father who acknowledges paternity but is not,
116-31 at the time of application, a birth father may register as a birth
116-32 father but may not otherwise be recognized as a birth father for
116-33 the purposes of this subchapter unless:
116-34 (1) the adoptee's birth mother in her application
116-35 identifies him as the adoptee's biological father; and
116-36 (2) additional information concerning the adoptee
116-37 obtained from other sources is not inconsistent with his claim of
116-38 paternity.
116-39 (d) A biological sibling who is 21 years of age or older may
116-40 apply to the central registry for information about the person's
116-41 biological siblings. The application must be independent of any
116-42 application submitted by a biological sibling as an adoptee for
116-43 information about the person's birth parents.
116-44 (e) Only birth parents, adoptees, and biological siblings
116-45 may apply for information through a registry.
116-46 (f) A person, including an authorized agency, may not apply
116-47 for information through a registry as an agent, attorney, or
116-48 representative of an adoptee, birth parent, or biological sibling.
116-49 Sec. 162.407. REGISTRATION APPLICATIONS. (a) The
116-50 administrator shall require each registration applicant to sign a
116-51 written, verified application.
116-52 (b) An adoptee adopted through an authorized agency must
116-53 register through the registry maintained by that agency or the
116-54 registry to which the agency has delegated registry services. An
116-55 adoptee adopted through an authorized agency may not register
116-56 through any other registry unless the agency through which the
116-57 adoptee was adopted or the successor of the agency does not
116-58 maintain a registry, directly or by delegation to another agency,
116-59 in which case the adoptee may register through the registry
116-60 maintained by the department.
116-61 (c) Birth parents may register through one or more
116-62 registries.
116-63 (d) Biological siblings registering as biological siblings
116-64 may register through the central registry only.
116-65 (e) An application must contain:
116-66 (1) the name, address, and telephone number of the
116-67 applicant;
116-68 (2) all other names and aliases by which the applicant
116-69 has been known;
116-70 (3) the applicant's name, age, date of birth, and
117-1 place of birth;
117-2 (4) the original name of the adoptee, if known;
117-3 (5) the adoptive name of the adoptee, if known;
117-4 (6) a statement that the applicant is willing to allow
117-5 the applicant's identity to be disclosed to those registrants
117-6 eligible to learn the applicant's identity;
117-7 (7) the name, address, and telephone number of the
117-8 agency or other entity, organization, or person placing the adoptee
117-9 for adoption, if known, or, if not known, a statement that the
117-10 applicant does not know that information;
117-11 (8) an authorization to the administrator and the
117-12 administrator's delegates to inspect all vital statistics records,
117-13 court records, and agency records, including confidential records,
117-14 relating to the birth, adoption, marriage, and divorce of the
117-15 applicant or to the birth and death of any child or sibling by
117-16 birth or adoption of the applicant;
117-17 (9) the specific address to which the applicant wishes
117-18 notice of a successful match to be mailed;
117-19 (10) a statement that the applicant either does or
117-20 does not consent to disclosure of identifying information about the
117-21 applicant after the applicant's death;
117-22 (11) a statement that the registration is to be
117-23 effective for 99 years or for a stated shorter period selected by
117-24 the applicant; and
117-25 (12) a statement that the adoptee applicant either
117-26 does or does not desire to be informed that registry records
117-27 indicate that the applicant has a biological sibling who has
117-28 registered under this subchapter.
117-29 (f) The application may contain the applicant's social
117-30 security number if the applicant, after being advised of the right
117-31 not to supply that number, voluntarily furnishes it.
117-32 (g) The application of an adoptee must include the names and
117-33 birth dates of all children younger than 21 years of age in the
117-34 applicant's adoptive family.
117-35 (h) The application of a birth mother must include the
117-36 following information:
117-37 (1) the original name and date of birth or approximate
117-38 date of birth of each adoptee with respect to whom she is
117-39 registering;
117-40 (2) each name known or thought by the applicant to
117-41 have been used by the adoptee's birth father;
117-42 (3) the last known address of the adoptee's birth
117-43 father; and
117-44 (4) other available information through which the
117-45 birth father may be identified.
117-46 (i) The application of the birth father must include the
117-47 following information:
117-48 (1) the original name and date of birth or approximate
117-49 date of birth of each adoptee with respect to whom he is
117-50 registering;
117-51 (2) each name, including the maiden name, known or
117-52 thought by the applicant to have been used by the adoptee's birth
117-53 mother;
117-54 (3) the last known address of the adoptee's birth
117-55 mother; and
117-56 (4) other available information through which the
117-57 birth mother may be identified.
117-58 (j) The application of a biological sibling must include:
117-59 (1) a statement explaining the applicant's basis for
117-60 believing that the applicant has one or more biological siblings;
117-61 (2) the names of all the applicant's siblings by birth
117-62 and adoption and their dates and places of birth, if known;
117-63 (3) the names of the applicant's legal parents;
117-64 (4) the names of the applicant's birth parents, if
117-65 known; and
117-66 (5) any other information known to the applicant
117-67 through which the existence and identity of the applicant's
117-68 biological siblings can be confirmed.
117-69 (k) An application may also contain additional information
117-70 through which the applicant's identity and eligibility to register
118-1 may be ascertained.
118-2 (l) The administrator shall assist the applicant in filling
118-3 out the application if the applicant is unable to complete the
118-4 application without assistance, but the administrator may not
118-5 furnish the applicant with any substantive information necessary to
118-6 complete the application.
118-7 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
118-8 standards of the department must provide for proof of identity in
118-9 order to facilitate the purposes of this subchapter and to protect
118-10 the privacy rights of adoptees, adoptive parents, birth parents,
118-11 biological siblings, and their families.
118-12 Sec. 162.409. REGISTRATION. (a) The administrator may not
118-13 accept an application for registration unless:
118-14 (1) the applicant provides proof of identity in
118-15 accordance with Section 162.408;
118-16 (2) the applicant establishes the applicant's
118-17 eligibility to register;
118-18 (3) the administrator has determined that the
118-19 applicant is not required to register with another registry;
118-20 (4) the applicant pays all required registration fees;
118-21 and
118-22 (5) the counseling required under Section 162.413 has
118-23 been completed.
118-24 (b) Unless withdrawn earlier, a registration remains in
118-25 effect from the date of acceptance for 99 years or for a shorter
118-26 period specified by the registrant in the application.
118-27 (c) A registrant may withdraw the registrant's registration
118-28 without charge at any time.
118-29 (d) After withdrawal or expiration of the registration, the
118-30 registrant shall be treated as if the registrant had never
118-31 registered.
118-32 Sec. 162.410. REJECTED APPLICATIONS. (a) Registry
118-33 applications shall be accepted or rejected not later than the 45th
118-34 day after the date the application is filed.
118-35 (b) If an application is rejected, the administrator shall
118-36 provide the applicant with a written statement of the reasons for
118-37 rejection.
118-38 (c) If the basis for rejecting an application is that the
118-39 applicant is required to register through another registry, the
118-40 registry administrator shall identify the registry through which
118-41 the applicant is required to apply, if known.
118-42 Sec. 162.411. FEES. (a) The costs of establishing,
118-43 operating, and maintaining a registry may be recovered in whole or
118-44 in part through users' fees charged to applicants and registrants.
118-45 (b) Each registry shall establish a schedule of fees for
118-46 services provided to users of the registry. The fees shall be
118-47 reasonably related to the direct and indirect costs of
118-48 establishing, operating, and maintaining the registry.
118-49 (c) The department shall collect from each registrant a
118-50 registration fee of $15.
118-51 (d) A fee may not be charged for withdrawing a registration.
118-52 (e) The fees collected by the department shall be deposited
118-53 in a special fund in the general revenue fund. Funds in the
118-54 special fund may be appropriated only for the administration of the
118-55 central registry. Sections 403.094 and 403.095, Government Code,
118-56 do not apply to the special fund for the administration of the
118-57 central registry.
118-58 (f) The administrator may waive users' fees in whole or in
118-59 part if the applicant provides satisfactory proof of financial
118-60 inability to pay the fees.
118-61 Sec. 162.412. SUPPLEMENTAL INFORMATION. (a) A registrant
118-62 may amend the registrant's registration and submit additional
118-63 information to the administrator. A registrant shall notify the
118-64 administrator of any change in the registrant's name or address
118-65 that occurs after acceptance of the application.
118-66 (b) The administrator does not have a duty to search for a
118-67 registrant who fails to register a change of name or address.
118-68 Sec. 162.413. COUNSELING. (a) The applicant must
118-69 participate in counseling for not less than one hour with a social
118-70 worker or mental health professional with expertise in postadoption
119-1 counseling before the administrator may accept the applicant's
119-2 application for registration. The social worker or mental health
119-3 professional must be employed or designated by the department or
119-4 the agency operating the registry.
119-5 (b) If the applicant is unwilling or unable to counsel with
119-6 a social worker or mental health professional employed by the
119-7 department or agency operating the registry, the applicant may
119-8 arrange for counseling at the applicant's expense with any social
119-9 worker or mental health professional mutually agreeable to the
119-10 applicant and the registry administrator at a location reasonably
119-11 accessible to the applicant.
119-12 (c) Counseling fees charged by the department or agency
119-13 operating a registry shall be stated in the schedule of fees
119-14 required under Section 162.411.
119-15 (d) The social worker or mental health professional with
119-16 whom the applicant has counseled shall furnish the applicant and
119-17 the administrator with a written certification that the required
119-18 counseling has been completed.
119-19 Sec. 162.414. MATCHING PROCEDURES. (a) The administrator
119-20 shall process each registration in an attempt to match the adoptee
119-21 and the adoptee's birth parents or a biological sibling and the
119-22 sibling's biological siblings.
119-23 (b) The administrator shall determine that there is a match
119-24 if the adult adoptee, the birth mother, and the birth father have
119-25 each registered or if any two biological siblings have registered.
119-26 A match may not be made until the youngest living adoptive sibling
119-27 of an adoptee who shares a common birth parent with the adoptee is
119-28 21 years of age or older.
119-29 (c) To establish or corroborate a match, the administrator
119-30 shall request confirmation of a possible match from each vital
119-31 statistics bureau that has possession of the adoptee's or
119-32 biological siblings' original birth records. If the department or
119-33 agency operating the registry has in its own records sufficient
119-34 information through which the match may be confirmed, the
119-35 administrator may, but is not required to, request confirmation
119-36 from a vital statistics bureau. A vital statistics bureau may
119-37 confirm or deny the match without breaching the duty of
119-38 confidentiality to the adoptee, adoptive parents, birth parents, or
119-39 biological siblings and without a court order.
119-40 (d) To establish or corroborate a match, the administrator
119-41 may also request confirmation of a possible match from the agency,
119-42 if any, that has possession of records concerning the adoption of
119-43 an adoptee or from the court that granted the adoption, the
119-44 hospital where the adoptee or any biological sibling was born, the
119-45 physician who delivered the adoptee or biological sibling, or any
119-46 other person who has knowledge of the relevant facts. The agency,
119-47 court, hospital, physician, or person with knowledge may confirm or
119-48 deny the match without breaching any duty of confidentiality to the
119-49 adoptee, adoptive parents, birth parents, or biological siblings.
119-50 (e) If a match is denied by a source contacted under
119-51 Subsection (d), the administrator shall make a full and complete
119-52 investigation into the reliability of the denial. If the match is
119-53 corroborated by other reliable sources and the administrator is
119-54 satisfied that the denial is erroneous, the administrator may make
119-55 disclosures but shall report to the adoptee, birth parents, and
119-56 biological siblings involved that the match was not confirmed by
119-57 all information sources.
119-58 Sec. 162.415. PARTIAL MATCH. (a) If the administrator
119-59 determines that an adoptee and either of the adoptee's birth
119-60 parents have registered, disclosures may only be made without the
119-61 registration of the other birth parent if:
119-62 (1) the birth parent who did not register defaulted in
119-63 the suit in which the parent-child relationship between the birth
119-64 parent and the adoptee was terminated or declared nonexistent after
119-65 having been served with citation in person, by publication, or by
119-66 other substituted service;
119-67 (2) the adoptee and the birth mother of the adoptee
119-68 have registered and each alleged father of the adoptee has died
119-69 without establishing his paternity or failed to establish his
119-70 paternity after being served with citation in person, by
120-1 publication, or by substituted service in a suit affecting the
120-2 parent-child relationship with respect to the adoptee;
120-3 (3) the adoptee and the birth mother of the adoptee
120-4 have registered and there is no man who is a birth parent of the
120-5 adoptee;
120-6 (4) the birth mother submits or the administrator
120-7 obtains from a court of competent jurisdiction in the state where
120-8 the adoptee's original birth certificate is filed a copy of a
120-9 judgment declaring that the identity of the adoptee's biological
120-10 father is unknown; or
120-11 (5) the administrator verifies that no living man was
120-12 identified and given notice in a preadoption legal proceeding of
120-13 his status as the adoptee's biological father and that before
120-14 January 1, 1974, either the parent-child relationship between the
120-15 adoptee and the adoptee's birth mother was terminated or the
120-16 adoptee was adopted.
120-17 (b) After the requirements of Subsection (a) are satisfied,
120-18 the administrator shall notify the affected registrants of the
120-19 match.
120-20 Sec. 162.416. NOTIFICATION OF MATCH. (a) When a match has
120-21 been made and confirmed to the administrator's satisfaction, the
120-22 administrator shall mail to each registrant, at the registrant's
120-23 last known address, by registered or certified mail, return receipt
120-24 requested, delivery restricted to addressee only, a written notice:
120-25 (1) informing the registrant that a match has been
120-26 made and confirmed;
120-27 (2) reminding the registrant that the registrant may
120-28 withdraw the registration before disclosures are made, if desired,
120-29 and that identifying information about the registrant may be
120-30 released after the 30th day after the date the notice was received
120-31 in the event the registrant fails to withdraw the registration;
120-32 (3) notifying the registrant that before any
120-33 identifying disclosures are made, the registrant must sign a
120-34 written postmatch consent to disclosure acknowledging that the
120-35 registrant desires that disclosures be made; and
120-36 (4) advising the registrant that additional counseling
120-37 services are available.
120-38 (b) Identifying information about a registrant shall be
120-39 released without the registrant's having consented after the match
120-40 to disclosure if:
120-41 (1) the registrant fails to withdraw the registrant's
120-42 registration before the 30th day after the date the notification of
120-43 a match was received;
120-44 (2) there is no proof that the notification of match
120-45 was received by the registrant before the 45th day after the date
120-46 the notification of match was mailed to the registrant and the
120-47 administrator, after making an inquiry to the vital statistics
120-48 bureau of this state and of the state of the registrant's last
120-49 known address, has not before the 90th day after the date the
120-50 notification of match was mailed obtained satisfactory proof of the
120-51 registrant's death; or
120-52 (3) the registrant is dead, the registrant's
120-53 registration was valid at the time of death, and the registrant had
120-54 in writing specifically authorized the postdeath disclosure in the
120-55 registrant's application or in a supplemental statement filed with
120-56 the administrator.
120-57 (c) Identifying information about a deceased birth parent
120-58 may not be released until each surviving child of the deceased
120-59 birth parent is an adult unless the child's surviving parent,
120-60 guardian, managing conservator, or legal custodian consents in
120-61 writing to the disclosure.
120-62 (d) The administrator shall release identifying information
120-63 to registrants about each other if the registrants complied with
120-64 this section and, before the 60th day after the date notification
120-65 of match was mailed, the remaining registrant or registrants have
120-66 not withdrawn their registrations.
120-67 Sec. 162.417. MANNER OF DISCLOSURE. (a) The administrator
120-68 shall prepare disclosure statements and schedule disclosure
120-69 conferences with the registrants entitled to disclosure under
120-70 Section 162.416.
121-1 (b) Except as provided by Subsection (d), identifying
121-2 information may not be disclosed in any manner other than in a
121-3 face-to-face conference attended in person by the registrant
121-4 entitled to receive the information and a representative of the
121-5 registry or the agency through which the adoptee was adopted.
121-6 (c) At a conference, the registrant shall be furnished with
121-7 a written disclosure statement including the name, address, and
121-8 telephone number of the registrants about whom identifying
121-9 information may be disclosed.
121-10 (d) If it would be unduly difficult for a registrant to
121-11 attend a disclosure conference in person, the administrator shall,
121-12 at the request of the registrant and with the written permission of
121-13 the other registrants, waive the requirement of a face-to-face
121-14 conference and mail the disclosure statement by registered or
121-15 certified mail, return receipt requested, delivery restricted to
121-16 addressee only, to the address specified by the registrant.
121-17 (e) The registrant shall sign a written statement
121-18 acknowledging receipt of the disclosure statement.
121-19 Sec. 162.418. IMPOSSIBILITY OF DISCLOSURE. (a) If the
121-20 administrator establishes that a match cannot be made because of
121-21 the death of an adoptee, birth parent, or biological sibling, the
121-22 administrator shall promptly notify the affected registrants.
121-23 (b) The administrator shall disclose the reason that a match
121-24 cannot be made and may disclose nonidentifying information
121-25 concerning the circumstances of death, if appropriate.
121-26 Sec. 162.419. REGISTRY RECORDS CONFIDENTIAL. (a) All
121-27 applications, registrations, records, and other information
121-28 submitted to, obtained by, or otherwise acquired by a registry are
121-29 confidential and may not be disclosed to any person or entity
121-30 except in the manner authorized by this subchapter.
121-31 (b) Information acquired by a registry may not be disclosed
121-32 under freedom of information or sunshine legislation, rules, or
121-33 practice.
121-34 (c) A person may not file or prosecute a class action
121-35 litigation to force a registry to disclose identifying information.
121-36 Sec. 162.420. RULEMAKING. (a) The department shall make
121-37 rules and adopt minimum standards to:
121-38 (1) administer the provisions of this subchapter; and
121-39 (2) ensure that each registry respects the right to
121-40 privacy and confidentiality of an adoptee, birth parent, and
121-41 biological sibling who does not desire to disclose the person's
121-42 identity.
121-43 (b) The department shall conduct a comprehensive review of
121-44 all of its rules and standards under this subchapter not less than
121-45 every six years.
121-46 (c) In order to provide the administrators an opportunity to
121-47 review proposed rules and standards and send written suggestions to
121-48 the department, the department shall, before adopting rules and
121-49 minimum standards, send a copy of the proposed rules and standards
121-50 not less than 60 days before the date they take effect to:
121-51 (1) the administrator of each registry established
121-52 under this subchapter; and
121-53 (2) the administrator of each agency authorized by the
121-54 department to place children for adoption.
121-55 Sec. 162.421. PROHIBITED ACTS; CRIMINAL PENALTIES. (a) An
121-56 administrator, employee, or agent of the department may not
121-57 initiate contact with an adult adoptee, birth parent, or biological
121-58 sibling, directly or indirectly, for the purpose of requesting or
121-59 suggesting that the adoptee, birth parent, or biological sibling
121-60 place the person's name in a registry. This subsection does not
121-61 prevent the department from making known to the public, by
121-62 appropriate means, the existence of registries.
121-63 (b) Information received by or in connection with the
121-64 operation of a registry may not be stored in a data bank used for
121-65 any purpose other than operation of the registry or be processed
121-66 through data processing equipment accessible to any person not
121-67 employed by the registry.
121-68 (c) A person commits an offense if the person knowingly or
121-69 recklessly discloses information from a registry application,
121-70 registration, record, or other information submitted to, obtained
122-1 by, or otherwise acquired by a registry in violation of this
122-2 subchapter. This subsection may not be construed to penalize the
122-3 disclosure of information from adoption agency records. An offense
122-4 under this subsection is a felony of the second degree.
122-5 (d) A person commits an offense if the person with criminal
122-6 negligence causes or permits the disclosure of information from a
122-7 registry application, registration, record, or other information
122-8 submitted to, obtained by, or otherwise acquired by a registry in
122-9 violation of this subchapter. This subsection may not be construed
122-10 to penalize the disclosure of information from adoption agency
122-11 records. An offense under this subsection is a Class A
122-12 misdemeanor.
122-13 (e) A person commits an offense if the person impersonates
122-14 an adoptee, birth parent, or biological sibling with the intent to
122-15 secure confidential information from a registry established under
122-16 this subchapter. An offense under this subsection is a felony of
122-17 the second degree.
122-18 (f) A person commits an offense if the person impersonates
122-19 an administrator, agent, or employee of a registry with the intent
122-20 to secure confidential information from a registry established
122-21 under this subchapter. An offense under this subsection is a
122-22 felony of the second degree.
122-23 (g) A person commits an offense if the person, with intent
122-24 to deceive and with knowledge of the statement's meaning, makes a
122-25 false statement under oath in connection with the operation of a
122-26 registry. An offense under this subsection is a felony of the
122-27 third degree.
122-28 Sec. 162.422. IMMUNITY FROM LIABILITY. (a) The department
122-29 or authorized agency establishing or operating a registry is not
122-30 liable to any person for obtaining or disclosing identifying
122-31 information about a birth parent, adoptee, or biological sibling
122-32 within the scope of this subchapter and under its provisions.
122-33 (b) An employee or agent of the department or of an
122-34 authorized agency establishing or operating a registry under this
122-35 subchapter is not liable to any person for obtaining or disclosing
122-36 identifying information about a birth parent, adoptee, or
122-37 biological sibling within the scope of this subchapter and under
122-38 its provisions.
122-39 (c) A person or entity furnishing information to the
122-40 administrator or an employee or agent of a registry is not liable
122-41 to any person for disclosing information about a birth parent,
122-42 adoptee, or biological sibling within the scope of this subchapter
122-43 and under its provisions.
122-44 (d) A person or entity is not immune from liability for
122-45 performing an act prohibited by Section 162.421.
122-46 (Sections 162.423-162.500 reserved for expansion)
122-47 SUBCHAPTER F. ADOPTION OF AN ADULT
122-48 Sec. 162.501. ADOPTION OF ADULT. The court may grant the
122-49 petition of an adult residing in this state to adopt another adult
122-50 according to this subchapter.
122-51 Sec. 162.502. JURISDICTION. The petitioner shall file a
122-52 suit to adopt an adult in the district court or a statutory county
122-53 court granted jurisdiction in family law cases and proceedings by
122-54 Chapter 25, Government Code, in the county of the petitioner's
122-55 residence.
122-56 Sec. 162.503. REQUIREMENTS OF PETITION. (a) A petition to
122-57 adopt an adult shall be entitled "In the Interest of __________, An
122-58 Adult."
122-59 (b) If the petitioner is married, both spouses must join in
122-60 the petition for adoption.
122-61 Sec. 162.504. CONSENT. A court may not grant an adoption
122-62 unless the adult consents in writing to be adopted by the
122-63 petitioner.
122-64 Sec. 162.505. ATTENDANCE REQUIRED. The petitioner and the
122-65 adult to be adopted must attend the hearing. For good cause shown,
122-66 the court may waive this requirement, by written order, if the
122-67 petitioner or adult to be adopted is unable to attend.
122-68 Sec. 162.506. ADOPTION ORDER. The court shall grant the
122-69 adoption if the court finds that the requirements for adoption of
122-70 an adult are met.
123-1 Sec. 162.507. EFFECT OF ADOPTION. (a) The adopted adult is
123-2 the son or daughter of the adoptive parents for all purposes.
123-3 (b) The adopted adult is entitled to inherit from and
123-4 through the adopted adult's adoptive parents as though the adopted
123-5 adult were the biological child of the adoptive parents.
123-6 (c) The adopted adult retains the right to inherit from the
123-7 adult's biological parents. However, a biological parent may not
123-8 inherit from or through an adopted adult.
123-9 (Chapters 163-200 reserved for expansion)
123-10 SUBTITLE C. JUDICIAL RESOURCES AND SERVICES
123-11 CHAPTER 201. ASSOCIATE JUDGE; CHILD SUPPORT MASTER
123-12 SUBCHAPTER A. ASSOCIATE JUDGE
123-13 Sec. 201.001. APPOINTMENT. (a) A judge of a court having
123-14 jurisdiction of a suit under this title or Title 1 or 4 may appoint
123-15 a full-time or part-time associate judge to perform the duties
123-16 authorized by this chapter if the commissioners court of a county
123-17 in which the court has jurisdiction authorizes the employment of an
123-18 associate judge.
123-19 (b) If a court has jurisdiction in more than one county, an
123-20 associate judge appointed by that court may serve only in a county
123-21 in which the commissioners court has authorized the associate
123-22 judge's appointment.
123-23 (c) If more than one court in a county has jurisdiction of a
123-24 suit under this title or Title 1 or 4 the commissioners court may
123-25 authorize the appointment of an associate judge for each court or
123-26 may authorize one or more associate judges to share service with
123-27 two or more courts.
123-28 (d) If an associate judge serves more than one court, the
123-29 associate judge's appointment must be made with the unanimous
123-30 approval of all the judges under whom the associate judge serves.
123-31 (e) This section does not apply to a master appointed under
123-32 Subchapter B.
123-33 Sec. 201.002. QUALIFICATIONS. To be eligible for
123-34 appointment as an associate judge, a person must meet the
123-35 requirements and qualifications to serve as a judge of the court or
123-36 courts for which the associate judge is appointed.
123-37 Sec. 201.003. COMPENSATION. (a) An associate judge shall
123-38 be paid a salary determined by the commissioners court of the
123-39 county in which the associate judge serves.
123-40 (b) If an associate judge serves in more than one county,
123-41 the associate judge shall be paid a salary as determined by
123-42 agreement of the commissioners courts of the counties in which the
123-43 associate judge serves.
123-44 (c) The associate judge's salary is paid from the county
123-45 fund available for payment of officers' salaries.
123-46 (d) This section does not apply to a master appointed under
123-47 Subchapter B.
123-48 Sec. 201.004. TERMINATION OF ASSOCIATE JUDGE. (a) An
123-49 associate judge who serves a single court serves at the will of the
123-50 judge of that court.
123-51 (b) The employment of an associate judge who serves more
123-52 than two courts may only be terminated by a majority vote of all
123-53 the judges of the courts which the associate judge serves.
123-54 (c) The employment of an associate judge who serves two
123-55 courts may be terminated by either of the judges of the courts
123-56 which the associate judge serves.
123-57 (d) This section does not apply to a master appointed under
123-58 Subchapter B.
123-59 Sec. 201.005. CASES THAT MAY BE REFERRED. (a) Except as
123-60 provided by this section, a judge of a court may refer to an
123-61 associate judge any aspect of a suit over which the court has
123-62 jurisdiction under this title or Title 1 or 4 including any matter
123-63 ancillary to the suit.
123-64 (b) Unless a party files a written objection to the
123-65 associate judge hearing a trial on the merits, the judge may refer
123-66 the trial to the associate judge. A trial on the merits is any
123-67 final adjudication from which an appeal may be taken to a court of
123-68 appeals.
123-69 (c) A party must file an objection to an associate judge
123-70 hearing a trial on the merits not later than the 10th day after the
124-1 date the party receives notice that the associate judge will hear
124-2 the trial. If an objection is filed, the referring court shall
124-3 hear the trial on the merits.
124-4 (d) Unless all parties consent in writing to an associate
124-5 judge hearing a contested trial on the merits to terminate parental
124-6 rights, the court may not refer the trial to the associate judge.
124-7 If the parties do not consent in writing to the associate judge
124-8 conducting the trial on the merits to terminate parental rights,
124-9 any order terminating parental rights rendered under an associate
124-10 judge's report is void.
124-11 (e) If a jury trial is demanded and a jury fee paid in a
124-12 trial on the merits, the associate judge shall refer any matters
124-13 requiring a jury back to the referring court for a trial before the
124-14 referring court and jury.
124-15 Sec. 201.006. ORDER OF REFERRAL. (a) In referring a case
124-16 to an associate judge, the judge of the referring court shall
124-17 render:
124-18 (1) an individual order of referral; or
124-19 (2) a general order of referral specifying the class
124-20 and type of cases to be heard by the associate judge.
124-21 (b) The order of referral may limit the power or duties of
124-22 an associate judge.
124-23 Sec. 201.007. POWERS OF ASSOCIATE JUDGE. Except as limited
124-24 by an order of referral, an associate judge may:
124-25 (1) conduct a hearing;
124-26 (2) hear evidence;
124-27 (3) compel production of relevant evidence;
124-28 (4) rule on the admissibility of evidence;
124-29 (5) issue a summons for the appearance of witnesses;
124-30 (6) examine a witness;
124-31 (7) swear a witness for a hearing;
124-32 (8) make findings of fact on evidence;
124-33 (9) formulate conclusions of law;
124-34 (10) recommend an order to be rendered in a case;
124-35 (11) regulate all proceedings in a hearing before the
124-36 associate judge; and
124-37 (12) take action as necessary and proper for the
124-38 efficient performance of the associate judge's duties.
124-39 Sec. 201.008. ATTENDANCE OF BAILIFF. A bailiff may attend a
124-40 hearing by an associate judge if directed by the referring court.
124-41 Sec. 201.009. COURT REPORTER. (a) A court reporter is not
124-42 required during a hearing held by an associate judge appointed
124-43 under this chapter.
124-44 (b) A party, the associate judge, or the referring court may
124-45 provide for a reporter during the hearing.
124-46 (c) The record may be preserved by any other means approved
124-47 by the associate judge.
124-48 (d) The referring court or associate judge may tax the
124-49 expense of preserving the record as costs.
124-50 Sec. 201.010. WITNESS. (a) A witness appearing before an
124-51 associate judge is subject to the penalties for perjury provided by
124-52 law.
124-53 (b) A referring court may fine or imprison a witness who:
124-54 (1) failed to appear before an associate judge after
124-55 being summoned; or
124-56 (2) improperly refused to answer questions if the
124-57 refusal has been certified to the court by the associate judge.
124-58 Sec. 201.011. REPORT. (a) The associate judge's report may
124-59 contain the associate judge's findings, conclusions, or
124-60 recommendations. The associate judge's report must be in writing
124-61 in the form directed by the referring court. The form may be a
124-62 notation on the referring court's docket sheet.
124-63 (b) After a hearing, the associate judge shall provide the
124-64 parties participating in the hearing notice of the substance of the
124-65 associate judge's report.
124-66 (c) Notice may be given to the parties:
124-67 (1) in open court, by an oral statement or a copy of
124-68 the associate judge's written report; or
124-69 (2) by certified mail, return receipt requested.
124-70 (d) The associate judge shall certify the date of mailing of
125-1 notice by certified mail. Notice is considered given on the third
125-2 day after the date of mailing.
125-3 (e) After a hearing conducted by an associate judge, the
125-4 associate judge shall send the associate judge's signed and dated
125-5 report and all other papers relating to the case to the referring
125-6 court.
125-7 Sec. 201.012. NOTICE OF RIGHT TO APPEAL. (a) Notice of the
125-8 right of appeal to the judge of the referring court shall be given
125-9 to all parties.
125-10 (b) The notice may be given:
125-11 (1) by oral statement in open court;
125-12 (2) by posting inside or outside the courtroom of the
125-13 referring court; or
125-14 (3) as otherwise directed by the referring court.
125-15 Sec. 201.013. ORDER OF COURT. (a) Pending appeal of the
125-16 associate judge's report to the referring court, the decisions and
125-17 recommendations of the associate judge are in full force and effect
125-18 and are enforceable as an order of the referring court, except for
125-19 orders providing for incarceration or for the appointment of a
125-20 receiver.
125-21 (b) If an appeal to the referring court is not filed or the
125-22 right to an appeal to the referring court is waived, the findings
125-23 and recommendations of the associate judge become the order of the
125-24 referring court only on the referring court's signing an order
125-25 conforming to the associate judge's report.
125-26 Sec. 201.014. JUDICIAL ACTION ON ASSOCIATE JUDGE'S REPORT.
125-27 Unless a party files a written notice of appeal, the referring
125-28 court may:
125-29 (1) adopt, modify, or reject the associate judge's
125-30 report;
125-31 (2) hear further evidence; or
125-32 (3) recommit the matter to the associate judge for
125-33 further proceedings.
125-34 Sec. 201.015. APPEAL TO REFERRING COURT. (a) A party may
125-35 appeal an associate judge's report by filing notice of appeal not
125-36 later than the third day after the date the party receives notice
125-37 of the substance of the associate judge's report as provided by
125-38 Section 201.011.
125-39 (b) An appeal to the referring court must be in writing
125-40 specifying the findings and conclusions of the associate judge to
125-41 which the party objects. The appeal is limited to the specified
125-42 findings and conclusions.
125-43 (c) On appeal to the referring court, the parties may
125-44 present witnesses as in a hearing de novo on the issues raised in
125-45 the appeal.
125-46 (d) Notice of an appeal to the referring court shall be
125-47 given to the opposing attorney under Rule 21a, Texas Rules of Civil
125-48 Procedure.
125-49 (e) If an appeal to the referring court is filed by a party,
125-50 any other party may file an appeal to the referring court not later
125-51 than the seventh day after the date the initial appeal was filed.
125-52 (f) The referring court, after notice to the parties, shall
125-53 hold a hearing on all appeals not later than the 30th day after the
125-54 date on which the initial appeal was filed with the referring
125-55 court.
125-56 (g) Before the start of a hearing by an associate judge, the
125-57 parties may waive the right of appeal to the referring court in
125-58 writing or on the record.
125-59 Sec. 201.016. APPELLATE REVIEW. (a) Failure to appeal to
125-60 the referring court, by waiver or otherwise, the approval by the
125-61 referring court of an associate judge's report does not deprive a
125-62 party of the right to appeal to or request other relief from a
125-63 court of appeals or the supreme court.
125-64 (b) The date an order or judgment by the referring court is
125-65 signed is the controlling date for the purposes of appeal to or
125-66 request for other relief from a court of appeals or the supreme
125-67 court.
125-68 Sec. 201.017. IMMUNITY. An associate judge appointed under
125-69 this subchapter has the judicial immunity of a district judge. All
125-70 existing immunity granted an associate judge by law, express or
126-1 implied, continues in full force and effect.
126-2 (Sections 201.018-201.100 reserved for expansion)
126-3 SUBCHAPTER B. CHILD SUPPORT MASTER
126-4 Sec. 201.101. AUTHORITY OF PRESIDING JUDGE. (a) The
126-5 presiding judge of each administrative judicial region, after
126-6 conferring with the judges of courts in the region having
126-7 jurisdiction of Title IV-D cases, shall determine which courts
126-8 require the appointment of a full-time or part-time master to
126-9 complete each Title IV-D case within the time specified in this
126-10 subchapter.
126-11 (b) The presiding judge may limit the appointment to a
126-12 specified time period and may terminate an appointment at any time.
126-13 (c) A master appointed under this subchapter may be
126-14 appointed to serve more than one court. Two or more judges of
126-15 administrative judicial regions may jointly appoint one or more
126-16 masters to serve the regions.
126-17 (d) If the presiding judge determines that a court requires
126-18 a master, the presiding judge shall appoint a master. If a master
126-19 is appointed for a court, all Title IV-D cases shall be referred to
126-20 the master by a general order for each county issued by the judge
126-21 of the court for which the master is appointed, or, in the absence
126-22 of that order, by a general order issued by the presiding judge who
126-23 appointed the master. Referral of Title IV-D cases may not be made
126-24 for individual cases or case by case.
126-25 Sec. 201.102. APPLICATION OF LAW GOVERNING ASSOCIATE JUDGES.
126-26 (a) The provisions of Subchapter A relating to the qualifications,
126-27 powers, and immunity of an associate judge apply to a master
126-28 appointed under this subchapter, except that a master:
126-29 (1) may reside anywhere within the administrative
126-30 judicial region in which the court to which the master is appointed
126-31 is located or, if a master is appointed to serve in two or more
126-32 administrative judicial regions, may reside anywhere within the
126-33 regions; and
126-34 (2) may not be designated as an associate judge.
126-35 (b) Except as provided by this subchapter, the following
126-36 provisions of Subchapter A relating to an associate judge apply to
126-37 a master appointed under this subchapter:
126-38 (1) the appearance of a party or witness before an
126-39 associate judge;
126-40 (2) the papers transmitted to the judge by the
126-41 associate judge;
126-42 (3) judicial action taken on an associate judge's
126-43 report;
126-44 (4) hearings before the judge;
126-45 (5) an appeal;
126-46 (6) the effect of the associate judge's report pending
126-47 an appeal;
126-48 (7) a jury trial;
126-49 (8) the attendance of a bailiff; and
126-50 (9) the presence of a court reporter.
126-51 Sec. 201.103. DESIGNATION OF HOST COUNTY. (a) The
126-52 presiding judges of the administrative judicial regions by majority
126-53 vote shall determine the host county of a master appointed under
126-54 this subchapter.
126-55 (b) The host county shall provide an adequate courtroom and
126-56 quarters, including furniture, necessary utilities, and telephone
126-57 equipment and service, for the master and other personnel assisting
126-58 the master.
126-59 (c) A master is not required to reside in the host county.
126-60 Sec. 201.104. OTHER POWERS AND DUTIES OF MASTER. (a) On
126-61 motion of a party, a master may refer a complex case back to the
126-62 judge for final disposition after the master has recommended
126-63 temporary support.
126-64 (b) A master shall take testimony and make a record in all
126-65 Title IV-D cases as provided by this chapter.
126-66 Sec. 201.105. COMPENSATION OF MASTER. (a) A master
126-67 appointed under this subchapter is entitled to a salary to be
126-68 determined by a majority vote of the presiding judges of the
126-69 administrative judicial regions. The salary may not exceed 90
126-70 percent of the salary paid to a district judge as set by the state
127-1 general appropriations act.
127-2 (b) The master's salary shall be paid from the county fund
127-3 available for payment of officers' salaries or from funds available
127-4 from the state and federal government as provided in Section
127-5 201.107.
127-6 Sec. 201.106. PERSONNEL. (a) The presiding judge of an
127-7 administrative judicial region or the presiding judges of the
127-8 administrative judicial regions, by majority vote, may appoint
127-9 other personnel as needed to implement and administer the
127-10 provisions of this subchapter.
127-11 (b) The salary of the personnel shall be paid from the
127-12 county fund available for payment of officers' salaries or from
127-13 funds available from the state and federal government as provided
127-14 by Section 201.107.
127-15 Sec. 201.107. STATE AND FEDERAL FUNDS. (a) The office of
127-16 court administration may contract with the Title IV-D agency for
127-17 available state and federal funds under Title IV-D and may employ
127-18 personnel needed to implement and administer this subchapter. A
127-19 master and other personnel appointed under this subsection are
127-20 state employees for all purposes, including accrual of leave time,
127-21 insurance benefits, retirement benefits, and travel regulations.
127-22 (b) The presiding judges of the administrative judicial
127-23 regions, state agencies, and counties may contract with the Title
127-24 IV-D agency for available federal funds under Title IV-D to
127-25 reimburse costs and salaries associated with masters and personnel
127-26 appointed under this section and may also use available state funds
127-27 and public or private grants.
127-28 (c) The presiding judges and the Title IV-D agency shall act
127-29 and are authorized to take any action necessary to maximize the
127-30 amount of federal funds available under the Title IV-D program.
127-31 Sec. 201.108. MANDATORY APPOINTMENT OF MASTER. The
127-32 presiding judge shall appoint a master for each court handling
127-33 Title IV-D cases for which the state has not been granted an
127-34 exemption from the expedited process of Title IV-D cases required
127-35 by federal law.
127-36 Sec. 201.109. EXEMPTION FROM APPOINTMENT OF MASTER. (a) If
127-37 a presiding judge of an administrative judicial region does not
127-38 require the appointment of a master for a court, the presiding
127-39 judge shall provide to the Title IV-D agency the information
127-40 required by the secretary of health and human services to grant the
127-41 court an exemption from the expedited process requirement for Title
127-42 IV-D cases.
127-43 (b) On receipt of sufficient information, the Title IV-D
127-44 agency shall immediately apply to the secretary for an exemption
127-45 from the expedited process requirement for Title IV-D cases for the
127-46 district court.
127-47 (c) The Title IV-D agency shall promptly notify the
127-48 presiding judge of the administrative judicial region in which the
127-49 court is located of any information received from the secretary
127-50 concerning the application for the exemption.
127-51 (d) If the secretary does not grant an exemption for a court
127-52 or if the secretary revokes an exemption for a court, the presiding
127-53 judge of the administrative judicial region in which the court is
127-54 located shall appoint a master as prescribed by this subchapter not
127-55 later than the 30th day after the date the judge receives notice
127-56 that the exemption was denied or revoked.
127-57 (e) The presiding judge of an administrative judicial region
127-58 shall require each court within the judicial region to provide
127-59 information and data to the presiding judge, the office of court
127-60 administration, and the Title IV-D agency regarding the processing
127-61 of Title IV-D cases necessary to:
127-62 (1) establish the need for an exemption as provided by
127-63 Subsection (a); and
127-64 (2) comply with federal law.
127-65 (f) The Title IV-D agency and the office of court
127-66 administration shall provide assistance to the presiding judge in
127-67 obtaining and storing the information and data provided under this
127-68 section.
127-69 (g) Any information or data required under this section may
127-70 be provided as required by the presiding judge.
128-1 Sec. 201.110. TIME FOR DISPOSITION OF TITLE IV-D CASES.
128-2 (a) Title IV-D cases must be completed from the time of successful
128-3 service to the time of disposition within the following time:
128-4 (1) 90 percent within three months;
128-5 (2) 98 percent within six months; and
128-6 (3) 100 percent within one year.
128-7 (b) Title IV-D cases shall be given priority over other
128-8 cases.
128-9 (c) A clerk or judge may not restrict the number of Title
128-10 IV-D cases that are filed or heard in the courts.
128-11 CHAPTER 202. FRIEND OF THE COURT
128-12 Sec. 202.001. APPOINTMENT. (a) After an order for child
128-13 support or possession of or access to a child has been rendered, a
128-14 court may appoint a friend of the court on:
128-15 (1) the request of a person alleging that the order
128-16 has been violated; or
128-17 (2) its own motion.
128-18 (b) A court may appoint a friend of the court in a
128-19 proceeding under Part D of Title IV of the federal Social Security
128-20 Act (42 U.S.C. Section 651 et seq.) only if the Title IV-D agency
128-21 agrees in writing to the appointment.
128-22 (c) The duration of the appointment of a friend of the court
128-23 is as determined by the court.
128-24 (d) In the appointment of a friend of the court, the court
128-25 shall give preference to:
128-26 (1) a local domestic relations office;
128-27 (2) a local child support collection office;
128-28 (3) the local court official designated to enforce
128-29 actions as provided in Chapter 159; or
128-30 (4) an attorney in good standing with the State Bar of
128-31 Texas.
128-32 (e) In the execution of a friend of the court's duties under
128-33 this subchapter, a friend of the court shall represent the court to
128-34 ensure compliance with the court's order.
128-35 Sec. 202.002. AUTHORITY AND DUTIES. (a) A friend of the
128-36 court may coordinate nonjudicial efforts to improve compliance with
128-37 a court order relating to child support or possession of or access
128-38 to a child by use of:
128-39 (1) telephone communication;
128-40 (2) written communication;
128-41 (3) one or more volunteer advocates under Chapter 107;
128-42 (4) informal pretrial consultation;
128-43 (5) one or more of the alternate dispute resolution
128-44 methods under Chapter 154, Civil Practice and Remedies Code;
128-45 (6) a certified social worker;
128-46 (7) a family mediator; and
128-47 (8) employment agencies, retraining programs, and any
128-48 similar resources to ensure that both parents can meet their
128-49 financial obligations to the child.
128-50 (b) A friend of the court, not later than the 15th day of
128-51 the month following the reporting month, shall:
128-52 (1) report to the court or monitor reports made to the
128-53 court on:
128-54 (A) the amount of child support collected as a
128-55 percentage of the amount ordered; and
128-56 (B) efforts to ensure compliance with orders
128-57 relating to possession of or access to a child; and
128-58 (2) file an action to enforce, clarify, or modify a
128-59 court order relating to child support or possession of or access to
128-60 a child.
128-61 (c) A friend of the court may file a notice of delinquency
128-62 and a request for a writ of income withholding under Chapter 19 in
128-63 order to enforce a child support order.
128-64 Sec. 202.003. DUTY OF LOCAL OFFICES AND OFFICIALS TO REPORT.
128-65 A local domestic relations office, a local registry, or a court
128-66 official designated to receive child support under a court order
128-67 shall, if ordered by the court, report to the court or a friend of
128-68 the court on a monthly basis:
128-69 (1) any delinquency and arrearage in child support
128-70 payments; and
129-1 (2) any violation of an order relating to possession
129-2 of or access to a child.
129-3 Sec. 202.004. ACCESS TO INFORMATION. A friend of the court
129-4 may arrange access to child support payment records by electronic
129-5 means if the records are computerized.
129-6 Sec. 202.005. COMPENSATION. (a) A friend of the court is
129-7 entitled to compensation for services rendered and for expenses
129-8 incurred in rendering the services.
129-9 (b) The court may assess the amount that the friend of the
129-10 court receives in compensation against a party to the suit in the
129-11 same manner as the court awards costs under Chapter 106.
129-12 (c) A friend of the court or a person who acts as the
129-13 court's custodian of child support records, including the clerk of
129-14 a court, may apply for and receive funds from the child support and
129-15 court management account under Section 21.007, Government Code.
129-16 (d) A friend of the court who receives funds under
129-17 Subsection (c) shall use the funds to reimburse any compensation
129-18 the friend of the court received under Subsection (b).
129-19 CHAPTER 203. DOMESTIC RELATIONS OFFICE
129-20 Sec. 203.001. DEFINITION. In this chapter, "domestic
129-21 relations office" means a domestic relations office created:
129-22 (1) by tradition or under a statute before June 19,
129-23 1983; or
129-24 (2) under this chapter.
129-25 Sec. 203.002. APPLICABILITY. This chapter does not apply to
129-26 a county in which a child support collection service is established
129-27 by a statute.
129-28 Sec. 203.003. Establishment of Domestic Relations Office. A
129-29 commissioners court may establish a domestic relations office.
129-30 Sec. 203.004. Administration of Domestic Relations Office.
129-31 (a) A domestic relations office established under this chapter is
129-32 administered:
129-33 (1) by the juvenile board serving the county; or
129-34 (2) as provided by the commissioners court.
129-35 (b) A domestic relations office operating by statute or
129-36 tradition on June 19, 1983, and controlled and governed by a
129-37 juvenile board shall continue to be administered by a juvenile
129-38 board.
129-39 Sec. 203.005. Duties of Domestic Relations Office; Child
129-40 Support. A domestic relations office shall:
129-41 (1) collect court-ordered child support payments
129-42 required by court order to be made to the office;
129-43 (2) enforce child support orders, including filing
129-44 notices of delinquency and writs of income withholding as provided
129-45 by Chapter 158;
129-46 (3) disburse the payments to the persons entitled to
129-47 receive the payments for the benefit of a child;
129-48 (4) make and keep records of payments and
129-49 disbursements; and
129-50 (5) determine and compute any interest due and owing
129-51 on child support arrearages as provided by Chapter 157.
129-52 Sec. 203.006. Services to Enforce Certain Orders Relating to
129-53 Child. (a) A domestic relations office shall provide services to
129-54 enforce an order providing for the possession of, support of, or
129-55 access to a child, including direct legal, informational, referral,
129-56 and counseling services.
129-57 (b) The services are to assist the parties affected by a
129-58 court order in understanding, complying with, and enforcing the
129-59 duties and obligations under the order.
129-60 (c) A person is not required to participate in counseling
129-61 offered by an office unless required by a court order.
129-62 Sec. 203.007. Powers of Domestic Relations Office. A
129-63 domestic relations office may, if authorized by its governing
129-64 agency:
129-65 (1) prepare a social study at the court's request;
129-66 (2) represent a child as guardian ad litem in a suit
129-67 in which termination of the parent-child relationship is requested
129-68 or in which conservatorship of or access to the child is contested;
129-69 and
129-70 (3) provide predivorce counseling.
130-1 Sec. 203.008. Court-Ordered Payment of Child Support to
130-2 Domestic Relations Office. A court having jurisdiction of any of
130-3 the following actions may order that child support payments be made
130-4 to a domestic relations office:
130-5 (1) a suit affecting the parent-child relationship;
130-6 (2) a suit for child support under Chapter 159;
130-7 (3) a suit to adjudicate a child as delinquent or in
130-8 need of supervision under Title 3; or
130-9 (4) a criminal prosecution under Section 25.05, Penal
130-10 Code.
130-11 Sec. 203.009. Fees and Charges. (a) The commissioners
130-12 court of a county may authorize a domestic relations office to
130-13 assess and collect:
130-14 (1) a filing fee of not more than $5 for each suit
130-15 filed in the county for the dissolution of a marriage or affecting
130-16 the parent-child relationship;
130-17 (2) attorney's fees and court costs incurred by the
130-18 office in enforcing an order for child support or visitation
130-19 assessed against the party found to be in violation of the order;
130-20 (3) an application fee payable by a person requesting
130-21 services from the office; and
130-22 (4) a monthly charge of not more than $2 payable by
130-23 each managing and possessory conservator to fund any of the
130-24 services provided by the office.
130-25 (b) The filing fee authorized by Subsection (a)(1) shall be
130-26 paid as other court costs and collected by the court clerk.
130-27 (c) A statute that authorizes a filing fee of more than $5
130-28 to operate a child support office supersedes the maximum filing fee
130-29 set in Subsection (a)(1).
130-30 Sec. 203.010. Domestic Relations Office Fund. (a) A fee
130-31 authorized under Section 203.009 shall be sent to the county
130-32 treasurer or other officer performing the duties of the county
130-33 treasurer for deposit in a special fund entitled the domestic
130-34 relations office fund.
130-35 (b) The domestic relations office shall administer the fund
130-36 to provide services under this chapter.
130-37 Sec. 203.011. Use of County General Funds. In addition to
130-38 the domestic relations office fund, county general funds may be
130-39 used by the domestic relations office to provide services under
130-40 this chapter.
130-41 Sec. 203.012. Access to Records; Penalty. (a) A domestic
130-42 relations office may obtain the records described by Subsections
130-43 (b) and (c) that relate to a person who has:
130-44 (1) been ordered to pay child support;
130-45 (2) been adjudicated to be the father of a child under
130-46 Chapter 160; or
130-47 (3) executed a statement of paternity under Chapter
130-48 160.
130-49 (b) A domestic relations office is entitled to obtain from
130-50 the Department of Public Safety records that relate to:
130-51 (1) a person's date of birth;
130-52 (2) a person's most recent address;
130-53 (3) a person's current driver's license status;
130-54 (4) motor vehicle accidents involving a person; and
130-55 (5) reported traffic-law violations of which a person
130-56 has been convicted.
130-57 (c) A domestic relations office is entitled to obtain from
130-58 the Texas Employment Commission records that relate to:
130-59 (1) a person's address;
130-60 (2) a person's employment status;
130-61 (3) the name and address of a person's current or
130-62 former employer;
130-63 (4) a person's wage income; and
130-64 (5) unemployment compensation benefits received by a
130-65 person.
130-66 (d) The Department of Public Safety or the Texas Employment
130-67 Commission may charge a domestic relations office a fee not to
130-68 exceed the charge paid by the attorney general's office for
130-69 furnishing records under this section.
130-70 (e) Any information obtained under this section that is
131-1 confidential under a constitution, statute, judicial decision, or
131-2 rule is privileged information and is for the exclusive use of the
131-3 domestic relations office.
131-4 (f) A person commits an offense if the person releases or
131-5 discloses confidential information obtained under this section
131-6 without the consent of the person to whom the information relates.
131-7 An offense under this subsection is a Class C misdemeanor.
131-8 (Chapters 204-230 reserved for expansion)
131-9 SUBTITLE D. ADMINISTRATIVE SERVICES
131-10 CHAPTER 231. TITLE IV-D SERVICES
131-11 SUBCHAPTER A. ADMINISTRATION OF TITLE IV-D PROGRAM
131-12 Sec. 231.001. DESIGNATION OF TITLE IV-D AGENCY. The office
131-13 of the attorney general is designated as the state's Title IV-D
131-14 agency.
131-15 Sec. 231.002. POWERS AND DUTIES. (a) The Title IV-D agency
131-16 may:
131-17 (1) accept, transfer, and expend funds, subject to the
131-18 General Appropriations Act, made available by the federal or state
131-19 government or by another public or private source for the purpose
131-20 of carrying out this chapter;
131-21 (2) adopt rules for the provision of child support
131-22 services;
131-23 (3) initiate legal actions needed to implement this
131-24 chapter; and
131-25 (4) enter into contracts or agreements necessary to
131-26 administer this chapter.
131-27 (b) The Title IV-D agency may perform the duties and
131-28 functions necessary for locating children under agreements with the
131-29 federal government as provided by 42 U.S.C. Section 663.
131-30 (c) The Title IV-D agency may enter into agreements or
131-31 contracts with federal, state, or other public or private agencies
131-32 or individuals for the purpose of carrying out this chapter. The
131-33 agreements or contracts between the agency and other state agencies
131-34 or political subdivisions of the state are not subject to Chapter
131-35 771 or Chapter 783, Government Code.
131-36 (d) The Title IV-D agency may take any action with respect
131-37 to execution, collection, and release of a judgment or lien for
131-38 child support necessary to satisfy the judgment or lien.
131-39 Sec. 231.003. FORMS AND PROCEDURES. The Title IV-D agency
131-40 shall by rule promulgate any forms and procedures necessary to
131-41 comply fully with the intent of this chapter.
131-42 Sec. 231.004. Title IV-D Registry. The Title IV-D agency
131-43 shall establish a registry for Title IV-D cases that shall:
131-44 (1) receive child support payments;
131-45 (2) maintain a record of child support paid and any
131-46 arrearages owed under each order;
131-47 (3) distribute child support payments received as
131-48 required by law; and
131-49 (4) maintain custody of official child support payment
131-50 records.
131-51 Sec. 231.005. BIENNIAL REPORT REQUIRED. The Title IV-D
131-52 agency shall report to the legislature each biennium on the
131-53 effectiveness of the agency's child support enforcement activity in
131-54 reducing the state's public assistance obligations. The agency
131-55 shall develop a method for estimating the costs and benefits of the
131-56 child support enforcement program and the effect of the program on
131-57 appropriations for public assistance.
131-58 Sec. 231.006. Ineligibility to Receive State Grants or Loans
131-59 or Bid on State Contracts. (a) A child support obligor who is
131-60 more than 30 days delinquent in paying child support is not
131-61 eligible to:
131-62 (1) submit a bid or enter into a contract to provide
131-63 property, materials, or services under a contract with the state;
131-64 or
131-65 (2) receive a state-funded grant or loan.
131-66 (b) A sole proprietorship, partnership, corporation, or
131-67 other entity in which a sole proprietor, partner, majority
131-68 shareholder, or substantial owner is a delinquent obligor who is
131-69 ineligible to bid on a state contract as provided by this section
131-70 may not bid on a state contract.
132-1 (c) A child support obligor remains ineligible to submit a
132-2 bid on or enter into a state contract or apply for a state-funded
132-3 grant or loan as provided by this section until:
132-4 (1) all arrearages have been paid; or
132-5 (2) the obligor is in compliance with a written
132-6 repayment agreement or court order as to any existing delinquency.
132-7 (d) Each bidder for a state contract or applicant for a
132-8 state-funded loan or grant as provided by this section shall submit
132-9 a signed, sworn statement accompanying any bid or application for a
132-10 grant or loan affirming that the bidder or applicant is not more
132-11 than 30 days delinquent in providing child support under a court
132-12 order or a written repayment agreement.
132-13 (e) The Title IV-D agency and the General Services
132-14 Commission may adopt rules or prescribe forms to implement any
132-15 provision of this section.
132-16 Sec. 231.007. Debts to State. (a) A person obligated to
132-17 pay child support in a case in which the Title IV-D agency is
132-18 providing services under this chapter who does not pay the required
132-19 child support is in debt to the state for the purposes of Section
132-20 403.055, Government Code.
132-21 (b) The debt of a person in debt to the state as provided by
132-22 Subsection (a) is equal to the amount of the child support that is
132-23 past due and not paid and any interest, fees, court costs, or other
132-24 amounts owed by the person as a result of the person's failure to
132-25 pay the child support.
132-26 (c) The Title IV-D agency is an assignee of all payments,
132-27 including compensation, by the state to a person in debt to the
132-28 state as provided by this section. The assignment takes effect
132-29 before the date the person's debt to the state arose.
132-30 (d) A person in debt to the state as provided by this
132-31 section may eliminate the person's debt by:
132-32 (1) paying the entire amount of the debt; or
132-33 (2) resolving the debt in a manner acceptable to the
132-34 Title IV-D agency.
132-35 (e) The comptroller may rely on a representation by the
132-36 Title IV-D agency that:
132-37 (1) a person is in debt to the state as provided by
132-38 this section; or
132-39 (2) a person who was in debt to the state has
132-40 eliminated the person's debt as provided by this section.
132-41 (f) In this section, the payment of workers' compensation
132-42 benefits to a person in debt to the state is the same as any other
132-43 payment made to the person by the state. Notwithstanding Title 5,
132-44 Labor Code, an order or writ to withhold income from workers'
132-45 compensation benefits is not required under this section.
132-46 (g) The amount of weekly workers' compensation benefits that
132-47 may be withheld or assigned under this section may not exceed the
132-48 percentage of the person's benefits that would apply if the
132-49 benefits equalled the person's monthly net resources as provided by
132-50 Chapter 15, except that in no event may more than 50 percent of the
132-51 person's weekly compensation benefits be withheld or assigned.
132-52 (h) Notwithstanding Sections 403.055(c) and (e)(4),
132-53 Government Code, the comptroller may not issue a warrant to a state
132-54 officer or employee who is in debt to the state as provided by this
132-55 section.
132-56 (i) In this section, "compensation" has the meaning assigned
132-57 by Section 403.055(f)(1), Government Code, and includes the payment
132-58 of workers' compensation benefits.
132-59 Sec. 231.008. DISPOSITION OF FUNDS. (a) The Title IV-D
132-60 agency shall deposit money received under assignments or as fees in
132-61 a special fund in the state treasury. The agency may spend money
132-62 in the fund for the administration of this chapter, subject to the
132-63 General Appropriations Act.
132-64 (b) All other money received under this chapter shall be
132-65 deposited in a special fund in the state treasury.
132-66 (c) Sections 403.094 and 403.095, Government Code, do not
132-67 apply to a fund described by this section.
132-68 Sec. 231.009. PAYMENT OF PENALTIES. From funds appropriated
132-69 for the Title IV-D agency, the agency shall reimburse the Texas
132-70 Department of Human Services for any penalty assessed under Title
133-1 IV-A of the federal Social Security Act (42 U.S.C. Section 651 et
133-2 seq.) that is assessed because of the agency's administration of
133-3 this chapter.
133-4 (Sections 231.010-231.100 reserved for expansion)
133-5 SUBCHAPTER B. SERVICES PROVIDED BY TITLE IV-D PROGRAM
133-6 Sec. 231.101. TITLE IV-D CHILD SUPPORT SERVICES. (a) The
133-7 Title IV-D agency may provide all services required or authorized
133-8 to be provided by Part D of Title IV of the federal Social Security
133-9 Act (42 U.S.C. Section 651 et seq.), including:
133-10 (1) parent locator services;
133-11 (2) paternity determination;
133-12 (3) child support and medical support establishment;
133-13 (4) review and adjustment of child support orders;
133-14 (5) enforcement of child support and medical support
133-15 orders; and
133-16 (6) collection and distribution of child support
133-17 payments.
133-18 (b) At the request of either parent, the Title IV-D agency
133-19 shall review a child support order.
133-20 Sec. 231.102. ELIGIBILITY FOR CHILD SUPPORT SERVICES. The
133-21 Title IV-D agency on application or as otherwise authorized by law
133-22 may provide services for the benefit of a child without regard to
133-23 whether the child has received public assistance.
133-24 Sec. 231.103. APPLICATION FEE. (a) The Title IV-D agency
133-25 may charge a reasonable application fee and recover costs for the
133-26 services provided.
133-27 (b) An application fee may not be charged in a case in which
133-28 the Title IV-D agency provides services because the family receives
133-29 public assistance.
133-30 (c) An application fee may not exceed a maximum amount
133-31 established by federal law.
133-32 Sec. 231.104. Assignment of Right to Support. (a) The
133-33 approval of an application for or the receipt of financial
133-34 assistance as provided by Chapter 31, Human Resources Code,
133-35 constitutes an assignment to the Title IV-D agency of any rights to
133-36 support from any other person that the applicant or recipient may
133-37 have personally or for a child for whom the applicant or recipient
133-38 is claiming assistance, including the right to the amount accrued
133-39 at the time the application is filed or the assistance is received.
133-40 (b) An application for child support services is an
133-41 assignment of support rights, to the extent permitted by federal
133-42 law, to enable the Title IV-D agency to establish and enforce child
133-43 support and medical support obligations, but an assignment is not a
133-44 condition of eligibility for services.
133-45 Sec. 231.105. NOTICE OF ASSIGNMENT. (a) Child support
133-46 payments for the benefit of a child whose support rights have been
133-47 assigned to the Title IV-D agency shall be made payable to and
133-48 transmitted to the Title IV-D agency.
133-49 (b) If a court has ordered support payments to be made to an
133-50 applicant for or recipient of financial assistance or to a person
133-51 other than the applicant or recipient, the Title IV-D agency may
133-52 file notice of the assignment with the court ordering the payments.
133-53 The notice must include:
133-54 (1) a statement that the child is an applicant for or
133-55 recipient of financial assistance, or a child other than a
133-56 recipient child for whom services are provided;
133-57 (2) the name of the child and the caretaker for whom
133-58 support has been ordered by the court;
133-59 (3) the style and cause number of the case in which
133-60 support was ordered; and
133-61 (4) a request that the payments ordered be made
133-62 payable and transmitted to the agency.
133-63 (c) On receipt of the notice and without a requirement of a
133-64 hearing, the court shall order that the payments be made to the
133-65 Title IV-D agency.
133-66 Sec. 231.106. NOTICE OF TERMINATION OF ASSIGNMENT. (a) The
133-67 Title IV-D agency may file a notice of termination of assignment,
133-68 which may include a request that all or a portion of the payments
133-69 be made payable to the agency and to other persons who are entitled
133-70 to receive the payments.
134-1 (b) On receipt of notice of termination of assignment the
134-2 court shall order that the payments be directed as stated in the
134-3 notice.
134-4 Sec. 231.107. CERTIFICATE OF ASSIGNMENT OR OF TERMINATION OF
134-5 ASSIGNMENT. If an abstract of judgment or a child support lien on
134-6 support amounts assigned to the Title IV-D agency under this
134-7 chapter has previously been filed of record, the agency shall file
134-8 for recordation, with the county clerk of each county in which such
134-9 abstract or lien has been filed, a certificate that an order of
134-10 assignment or a notice of termination of assignment has been
134-11 issued.
134-12 Sec. 231.108. Confidentiality of Records and Privileged
134-13 Communications. (a) Except as provided by Subsection (c), all
134-14 files and records of services provided under this chapter,
134-15 including information concerning a custodial parent, noncustodial
134-16 parent, child, and an alleged or presumed father, are confidential.
134-17 (b) Except as provided by Subsection (c), all communications
134-18 made by a recipient of financial assistance under Chapter 31, Human
134-19 Resources Code, or an applicant for or recipient of services under
134-20 this chapter are privileged.
134-21 (c) The Title IV-D agency may use or release information
134-22 from the files and records, including information that results from
134-23 a communication made by a recipient of financial assistance under
134-24 Chapter 31, Human Resources Code, or by an applicant for or
134-25 recipient of services under this chapter, for purposes directly
134-26 connected with the administration of the child support, paternity
134-27 determination, parent locator, or aid to families with dependent
134-28 children programs.
134-29 (d) The Title IV-D agency by rule may provide for the
134-30 release of information to public officials.
134-31 Sec. 231.109. Attorneys Representing State. (a) Attorneys
134-32 employed by the Title IV-D agency may represent this state or
134-33 another state in an action brought under the authority of federal
134-34 law or this chapter.
134-35 (b) The Title IV-D agency may contract with private
134-36 attorneys or political subdivisions of the state to represent this
134-37 state or another state in an action brought under the authority of
134-38 federal law and this chapter.
134-39 (c) The Title IV-D agency shall provide copies of all
134-40 contracts entered into under this section to the Legislative Budget
134-41 Board and the Governor's Office of Budget and Planning, along with
134-42 a written justification of the need for each contract, within 60
134-43 days after the execution of the contract.
134-44 (d) An attorney employed by the Title IV-D agency or as
134-45 otherwise provided by this chapter represents the interest of the
134-46 state and not the interest of any other party. The provision of
134-47 services by an attorney under this chapter does not create an
134-48 attorney-client relationship between the attorney and any other
134-49 party. The agency shall, at the time an application for child
134-50 support services is made, inform the applicant that neither the
134-51 Title IV-D agency nor any attorney who provides services under this
134-52 chapter is the applicant's attorney and that the attorney providing
134-53 services does not provide legal representation to the applicant.
134-54 (e) An attorney employed by the Title IV-D agency or as
134-55 otherwise provided by this chapter may not be appointed or act as a
134-56 guardian ad litem or attorney ad litem for a child or another
134-57 party.
134-58 Sec. 231.110. AUTHORIZATION OF SERVICE. The provision of
134-59 services by the Title IV-D agency under this chapter or Part D of
134-60 Title IV of the federal Social Security Act (42 U.S.C. Section 651
134-61 et seq.) does not authorize service on the agency of any legal
134-62 notice that is required to be served on any party other than the
134-63 agency.
134-64 Sec. 231.111. DISQUALIFICATION OF AGENCY. A court shall not
134-65 disqualify the Title IV-D agency in a legal action filed under this
134-66 chapter or Part D of Title IV of the federal Social Security Act
134-67 (42 U.S.C. Section 651 et seq.) on the basis that the agency has
134-68 previously provided services to a party whose interests may now be
134-69 adverse to the relief requested.
134-70 Sec. 231.112. INFORMATION ON PATERNITY ESTABLISHMENT. On
135-1 notification by the state registrar under Section 192.005(d),
135-2 Health and Safety Code, that the items relating to the child's
135-3 father are not completed on a birth certificate filed with the
135-4 state registrar, the Title IV-D agency may provide to:
135-5 (1) the child's mother and, if possible, the man
135-6 claiming to be the child's biological father written information
135-7 necessary for the man to complete a statement of paternity as
135-8 provided by Chapter 160; and
135-9 (2) the child's mother written information:
135-10 (A) explaining the benefits of having the
135-11 child's paternity established; and
135-12 (B) regarding the availability of paternity
135-13 establishment and child support enforcement services.
135-14 (Sections 231.113-231.200 reserved for expansion)
135-15 SUBCHAPTER C. PAYMENT OF FEES AND COSTS
135-16 Sec. 231.201. DEFINITIONS. In this subchapter:
135-17 (1) "Federal share" means the portion of allowable
135-18 expenses for fees and other costs that will be reimbursed by the
135-19 federal government under federal law and regulations regarding the
135-20 administration of the Title IV-D program.
135-21 (2) "State share" means the portion of allowable
135-22 expenses for fees and other costs that remain after receipt of the
135-23 federal share of reimbursement and that is to be reimbursed by the
135-24 state or may be contributed by certified public expenditure by a
135-25 county.
135-26 Sec. 231.202. AUTHORIZED COSTS AND FEES IN TITLE IV-D CASES.
135-27 In a Title IV-D case filed under this title, the Title IV-D agency
135-28 shall pay:
135-29 (1) filing fees and fees for issuance and service of
135-30 process as provided by Chapter 110 of this code and by Sections
135-31 51.317, 51.318(b)(2), and 51.319(4), Government Code;
135-32 (2) fees for transfer as provided by Chapter 110;
135-33 (3) fees for the issuance and delivery of orders and
135-34 writs of income withholding in the amounts provided by Chapter 110;
135-35 (4) a fee of $45 for each item of process to each
135-36 individual on whom service is required, including service by
135-37 certified or registered mail, to be paid to a sheriff, constable,
135-38 or clerk whenever service of process is required; and
135-39 (5) mileage costs incurred by a sheriff or constable
135-40 when traveling out of the county to execute an outstanding warrant
135-41 or capias, to be reimbursed at a rate not to exceed the rate
135-42 provided for mileage incurred by state employees in the General
135-43 Appropriations Act.
135-44 Sec. 231.203. STATE EXEMPTION FROM BOND NOT AFFECTED. This
135-45 subchapter does not affect, nor is this subchapter affected by, the
135-46 exemption from bond provided by Section 6.001, Civil Practice and
135-47 Remedies Code.
135-48 Sec. 231.204. PROHIBITED FEES IN TITLE IV-D CASES. Except
135-49 as provided by this subchapter, a district or county clerk,
135-50 sheriff, constable, or other government officer or employee may not
135-51 charge the Title IV-D agency or a private attorney or political
135-52 subdivision that has entered into a contract to provide Title IV-D
135-53 services any fees or other amounts otherwise imposed by law for
135-54 services rendered in, or in connection with, a Title IV-D case,
135-55 including:
135-56 (1) a fee payable to a district clerk for:
135-57 (A) performing services related to the estates
135-58 of deceased persons or minors;
135-59 (B) certifying copies; or
135-60 (C) comparing copies to originals;
135-61 (2) a court reporter fee, except as provided by
135-62 Section 231.209;
135-63 (3) a judicial fund fee;
135-64 (4) a fee for a child support registry, enforcement
135-65 office, or domestic relations office; and
135-66 (5) a fee for alternative dispute resolution services.
135-67 Sec. 231.205. LIMITATIONS ON LIABILITY OF ATTORNEY GENERAL
135-68 FOR AUTHORIZED FEES AND COSTS. (a) The Title IV-D agency is
135-69 liable for a fee or cost under this subchapter only to the extent
135-70 that an express, specific appropriation is made to the agency
136-1 exclusively for that purpose. To the extent that state funds are
136-2 not available, the amount of costs and fees that are not reimbursed
136-3 by the federal government and that represent the state share shall
136-4 be paid by certified public expenditure by the county through the
136-5 clerk of the court, sheriff, or constable. This section does not
136-6 prohibit the agency from spending other funds appropriated for
136-7 child support enforcement to provide the initial expenditures
136-8 necessary to qualify for the federal share.
136-9 (b) The Title IV-D agency is liable for the payment of the
136-10 federal share of reimbursement for fees and costs under this
136-11 subchapter only to the extent that the federal share is received,
136-12 and if an amount is paid by the agency and that amount is
136-13 disallowed by the federal government or the federal share is not
136-14 otherwise received, the clerk of the court, sheriff, or constable
136-15 to whom the payment was made shall return the amount to the agency
136-16 not later than the 30th day after the date on which notice is given
136-17 by the agency.
136-18 Sec. 231.206. RESTRICTION ON FEES FOR CHILD SUPPORT OR
136-19 REGISTRY SERVICES IN TITLE IV-D CASES. A district clerk, a county
136-20 child support registry or enforcement office, or a domestic
136-21 relations office may not assess or collect fees for processing
136-22 child support payments or for child support services from the Title
136-23 IV-D agency, a managing conservator, or a possessory conservator in
136-24 a Title IV-D case, except as provided by this subchapter.
136-25 Sec. 231.207. METHOD OF BILLING FOR ALLOWABLE FEES. (a) To
136-26 be entitled to reimbursement under this subchapter, the clerk of
136-27 the court, sheriff, or constable must submit one monthly billing to
136-28 the Title IV-D agency.
136-29 (b) The monthly billing must be in the form and manner
136-30 prescribed by the Title IV-D agency and be approved by the clerk,
136-31 sheriff, or constable.
136-32 Sec. 231.208. AGREEMENTS FOR REIMBURSEMENT IN LIEU OF FEES.
136-33 (a) The Title IV-D agency and a qualified county may enter into a
136-34 written agreement under which reimbursement for salaries and
136-35 certain other actual costs incurred by the clerk, sheriff, or
136-36 constable in Title IV-D cases is provided to the county.
136-37 (b) A county may not enter into an agreement for
136-38 reimbursement under this section unless the clerk, sheriff, or
136-39 constable providing service has at least two full-time employees
136-40 each devoted exclusively to providing services in Title IV-D cases.
136-41 (c) Reimbursement made under this section is in lieu of all
136-42 costs and fees provided by this subchapter.
136-43 Sec. 231.209. PAYMENT FOR SERVICES NOT AFFECTED BY THIS
136-44 SUBCHAPTER. Without regard to this subchapter and specifically
136-45 Section 231.205, the Title IV-D agency may pay the costs for the
136-46 services of an official court reporter for the preparation of
136-47 statements of facts and the costs for the publication of citation
136-48 served by publication.
136-49 Sec. 231.210. AUTHORITY TO PAY LITIGATION EXPENSES.
136-50 (a) The Title IV-D agency may pay all fees, expenses, costs, and
136-51 bills necessary to secure evidence and to take the testimony of a
136-52 witness, including advance payments or purchases for
136-53 transportation, lodging, meals, and incidental expenses of
136-54 custodians of evidence or witnesses whose transportation is
136-55 necessary and proper for the production of evidence or the taking
136-56 of testimony in a Title IV-D case.
136-57 (b) In making payments under this section, the Title IV-D
136-58 agency shall present vouchers to the comptroller that have been
136-59 sworn to by the custodian or witness and approved by the agency.
136-60 The voucher shall be sufficient to authorize payment without the
136-61 necessity of a written contract.
136-62 (c) The Title IV-D agency may directly pay a commercial
136-63 transportation company or commercial lodging establishment for the
136-64 expense of transportation or lodging of a custodian or witness.
136-65 Sec. 231.211. AWARD OF COST AGAINST NONPREVAILING PARTY IN
136-66 TITLE IV-D CASE. (a) At the conclusion of a Title IV-D case, the
136-67 court may assess attorney's fees and all court costs as authorized
136-68 by law against the nonprevailing party, except that the court may
136-69 not assess those amounts against the Title IV-D agency or a private
136-70 attorney or political subdivision that has entered into a contract
137-1 under this chapter or any party to whom the agency has provided
137-2 services under this chapter. Such fees and costs may not exceed
137-3 reasonable and necessary costs as determined by the court.
137-4 (b) The clerk of the court may take any action necessary to
137-5 collect any fees or costs assessed under this section.
137-6 (Sections 231.212-231.300 reserved for expansion)
137-7 SUBCHAPTER D. LOCATION OF PARENTS AND RESOURCES
137-8 Sec. 231.301. TITLE IV-D PARENT LOCATOR SERVICES. The
137-9 parent locator service conducted by the Title IV-D agency shall be
137-10 used to obtain information regarding the whereabouts, income, and
137-11 holdings of any person when the information is to be used for the
137-12 purposes of locating the person and establishing or enforcing a
137-13 support or medical support obligation against the person.
137-14 Sec. 231.302. INFORMATION TO ASSIST IN LOCATION OF PERSONS
137-15 OR PROPERTY. (a) The Title IV-D agency shall attempt to locate a
137-16 person needed to establish or enforce a support or medical support
137-17 obligation and is entitled to request and obtain information
137-18 relating to the location, income, and property holdings of the
137-19 person from a state or local government agency, private company,
137-20 institution, or other entity as necessary to implement this
137-21 chapter.
137-22 (b) A state government agency furnishing information under
137-23 Subsection (a) shall provide the information in the most efficient
137-24 and expeditious manner available, including electronic or automated
137-25 transfer and interface.
137-26 Sec. 231.303. TITLE IV-D ADMINISTRATIVE SUBPOENA. (a) The
137-27 Title IV-D agency may issue an administrative subpoena to any
137-28 individual or organization to furnish information necessary to
137-29 carry out the provisions of this chapter.
137-30 (b) An individual or organization receiving a subpoena shall
137-31 comply with the subpoena.
137-32 Sec. 231.304. EMPLOYER NEW HIRE REPORTING PROGRAM. (a) In
137-33 this section, "ENHR program" means an Employer New Hire Reporting
137-34 program.
137-35 (b) The Title IV-D agency shall create and develop a
137-36 voluntary ENHR program to provide a means for employers to assist
137-37 in the state's efforts to locate absent parents who owe child
137-38 support and collect support from those parents by reporting
137-39 information concerning newly hired and rehired employees directly
137-40 to the child support enforcement program.
137-41 (c) To ensure timely receipt of information, the ENHR
137-42 program shall provide that employers participating in the program
137-43 report the hiring or rehiring of persons not later than the 10th
137-44 working day after the hiring date.
137-45 (d) The ENHR program shall apply to a person who will:
137-46 (1) be employed for more than one month's duration;
137-47 (2) be paid for more than 350 hours during a
137-48 continuous six-month period; or
137-49 (3) have gross earnings of more than $300 in each
137-50 month of employment.
137-51 (e) An employer doing business in this state may voluntarily
137-52 participate in the ENHR program by reporting to the Title IV-D
137-53 agency the:
137-54 (1) hiring of a person who resides or works in this
137-55 state to whom the employer anticipates paying earnings; or
137-56 (2) rehiring or return to work of an employee who was
137-57 laid off, furloughed, separated, granted leave without pay, or
137-58 terminated from employment.
137-59 (f) Employers participating in the ENHR program may provide
137-60 information to the Title IV-D agency by:
137-61 (1) sending a copy of the new employee's W-4 form;
137-62 (2) completing a form supplied by the agency; or
137-63 (3) any other means authorized by the agency for
137-64 conveying information, including electronic transmission or
137-65 delivery of data tapes containing the employee's name, address,
137-66 social security number, date of birth, and salary information, and
137-67 the employer's name, address, and employer identification number.
137-68 (g) An employer participating in the ENHR program may
137-69 disclose the information described above and is not liable to the
137-70 employee for the disclosure or a later use by the Title IV-D agency
138-1 of the information.
138-2 (h) For each employee reported under the ENHR program, the
138-3 Title IV-D agency shall retain the information only if the agency
138-4 is responsible for establishing, enforcing, or collecting a support
138-5 obligation or debt of the employee or reporting to a court,
138-6 domestic relations office, or a friend of the court the location of
138-7 a parent who is denying possession of or access to a person with a
138-8 valid possession order. If the agency does not have any of those
138-9 responsibilities, the agency may not create a record regarding the
138-10 employee and the information contained in the notice shall be
138-11 promptly destroyed.
138-12 (i) In cooperation with the Texas Employment Commission and
138-13 representatives of the private sector, the Title IV-D agency may
138-14 develop a plan for phasing in implementation of the ENHR program,
138-15 acknowledging employer participation in the program, and
138-16 publicizing the availability of the program to employers in this
138-17 state.
138-18 (Sections 231.305-231.400 reserved for expansion)
138-19 SUBCHAPTER E. CHILD SUPPORT REVIEW PROCESS TO ESTABLISH OR
138-20 ENFORCE SUPPORT OBLIGATIONS
138-21 Sec. 231.401. Purpose. The purpose of the child support
138-22 review process authorized by this subchapter is to provide child
138-23 support agencies an opportunity to resolve routine child support
138-24 actions through negotiation, agreement, or uncontested orders.
138-25 Sec. 231.402. AGREEMENTS ENCOURAGED. To the extent
138-26 permitted by this subchapter, child support agencies shall make the
138-27 child support review process understandable to all parties and
138-28 shall encourage agreements through mediation.
138-29 Sec. 231.403. Bilingual Forms Required. A notice or other
138-30 form used to implement the child support review process shall be
138-31 printed in both Spanish and English.
138-32 Sec. 231.404. INTERPRETER REQUIRED. If a party
138-33 participating in a negotiation conference does not speak English or
138-34 is hearing impaired, the child support agency shall provide for
138-35 interpreter services at no charge to the parties.
138-36 Sec. 231.405. Initiating Child Support Review. (a) A child
138-37 support agency may review and assess the financial resources of a
138-38 child's parent or of a person presumed or alleged to be the child's
138-39 father from whom child support is requested to determine the
138-40 resources that are available for the support of the child and to
138-41 determine what action is appropriate.
138-42 (b) An administrative action under this subchapter may be
138-43 initiated by issuing a notice of child support review to the
138-44 parents and to the presumed or alleged father of a child.
138-45 Sec. 231.406. CONTENTS OF NOTICE OF CHILD SUPPORT REVIEW.
138-46 (a) The notice of child support review must:
138-47 (1) describe the procedure for a child support review;
138-48 (2) inform the recipient that the recipient is not
138-49 required to participate in the child support review and may be
138-50 represented by legal counsel during the review process or at a
138-51 court hearing;
138-52 (3) inform the recipient that the recipient may cease
138-53 participation in the child support review during any stage of the
138-54 review but that the review will continue to completion and that
138-55 afterward the recipient may request a court hearing;
138-56 (4) include an affidavit of financial resources; and
138-57 (5) include a request that the recipient designate, on
138-58 a form provided by the child support agency, an address for mailing
138-59 any additional notice to the recipient.
138-60 (b) In addition to the information required by Subsection
138-61 (a), the notice of child support review must inform the recipient
138-62 that:
138-63 (1) the information requested on the form must be
138-64 returned to the child support agency not later than the 15th day
138-65 after the date the notice is received or delivered; and
138-66 (2) if the requested information is not returned as
138-67 required, the child support agency:
138-68 (A) may proceed with the review using the
138-69 information that is available to the agency; and
138-70 (B) may file a legal action without further
139-1 notice to the recipient, except as otherwise required by law.
139-2 Sec. 231.407. Notice by Mail. (a) A notice required in an
139-3 administrative action under this subchapter must be delivered or
139-4 served by first class mail or certified mail on each party entitled
139-5 to citation or notice as provided by Chapter 102.
139-6 (b) If notice is served by mail, three days must be added to
139-7 the time in which the person is required to respond.
139-8 (c) This section does not apply to notice required on filing
139-9 of a child support review order or to later judicial actions.
139-10 Sec. 231.408. Administrative Subpoena in Child Support
139-11 Review. In a child support review under this subchapter, a child
139-12 support agency may issue an administrative subpoena to a parent, a
139-13 person presumed or alleged to be the father of a child for whom
139-14 support is requested, or any individual or organization believed to
139-15 have information on the financial resources of the parent or
139-16 presumed or alleged father.
139-17 Sec. 231.409. Scheduling Negotiation conference. (a) The
139-18 child support agency may schedule a negotiation conference without
139-19 a request from a party.
139-20 (b) The child support agency shall schedule a negotiation
139-21 conference on the request of a person who completes and returns an
139-22 affidavit of financial resources.
139-23 Sec. 231.410. TIME FOR NEGOTIATION CONFERENCE; NOTICE
139-24 REQUIRED. (a) A child support review or negotiation conference
139-25 under this subchapter shall be conducted not later than the 45th
139-26 day after the date all notices of child support review have been
139-27 sent to the parties to the action.
139-28 (b) All parties entitled to notice of the negotiation
139-29 conference shall be notified of the date, time, and place of the
139-30 negotiation conference not later than the 10th day before the date
139-31 of the negotiation conference.
139-32 Sec. 231.411. RESCHEDULING NEGOTIATION CONFERENCE; NOTICE
139-33 REQUIRED. A negotiation conference may be rescheduled on the
139-34 request of any party. All parties must be given notice of the
139-35 rescheduling not later than the third day before the date of the
139-36 rescheduled negotiation conference.
139-37 Sec. 231.412. INFORMATION REQUIRED TO BE PROVIDED AT
139-38 NEGOTIATION CONFERENCE. At the beginning of the negotiation
139-39 conference, the child support review officer shall inform all
139-40 parties in attendance that:
139-41 (1) the purpose of the negotiation conference is to
139-42 attempt to reach an agreement regarding child support payments;
139-43 (2) a party does not have to participate in the
139-44 negotiation conference and may request a court hearing;
139-45 (3) a party may be represented by an attorney chosen
139-46 by the party;
139-47 (4) the parties may stop participating in the
139-48 negotiation conference at any time but that the child support
139-49 review will continue until completed, and, if a child support
139-50 review order is issued, a party may request a court hearing;
139-51 (5) if the parties reach an agreement, the review
139-52 officer will prepare an agreed review order for the parties'
139-53 signatures;
139-54 (6) a party does not have to sign a review order
139-55 prepared by the child support review officer; and
139-56 (7) even though a party signs an agreed review order,
139-57 the party may request a court hearing at any time before the child
139-58 support review order is confirmed by a court.
139-59 Sec. 231.413. DETERMINING SUPPORT AMOUNT; MODIFICATION.
139-60 (a) A child support agency may use any information obtained by the
139-61 agency from the parties or any other source and shall apply the
139-62 child support guidelines provided by this code to determine the
139-63 appropriate amount of child support.
139-64 (b) If the child support agency determines that the support
139-65 amount in an existing child support order is not in substantial
139-66 compliance with the guidelines, the child support agency shall
139-67 issue an appropriate child support review order, including a review
139-68 order that has the effect of modifying an existing order for child
139-69 support without the necessity of filing a motion to modify.
139-70 Sec. 231.414. Record Not Required. (a) For the purposes of
140-1 this subchapter, a written affidavit, the written findings, and the
140-2 child support review order from a negotiation conference are a
140-3 sufficient record of the proceedings.
140-4 (b) A child support agency is not required to make any other
140-5 record or transcript of the negotiation conference.
140-6 Sec. 231.415. ISSUANCE OF CHILD SUPPORT REVIEW ORDER OR
140-7 FINDING THAT NO ORDER SHOULD BE ISSUED; EFFECT. (a) If the
140-8 negotiation conference does not result in an agreed child support
140-9 review order, the review officer shall issue and sign a final
140-10 decision in the form of a child support review order, or a
140-11 determination that a child support review order should not be
140-12 issued, not later than the fifth day after the date of the
140-13 negotiation conference.
140-14 (b) On the day that a child support review order is issued
140-15 or a determination is made that a child support order will not be
140-16 issued, each party to a child support review proceeding shall be
140-17 furnished by hand delivery or by mail a copy of the order or the
140-18 determination.
140-19 (c) A determination that a child support order should not be
140-20 issued must include a statement of the reasons that an order is not
140-21 being issued and does not affect the right of the agency or a party
140-22 to request any other remedy provided by law.
140-23 Sec. 231.416. VACATING CHILD SUPPORT REVIEW ORDER. (a) The
140-24 review officer may vacate a child support review order on the
140-25 officer's own motion at any time before the order is filed with the
140-26 court.
140-27 (b) A new negotiation conference, with notice to all
140-28 parties, shall be scheduled to take place not later than the 10th
140-29 day after the date the child support review order was vacated.
140-30 Sec. 231.417. CONTENTS OF CHILD SUPPORT REVIEW ORDER.
140-31 (a) An agreed child support review order must contain all
140-32 provisions that are appropriate for an order under this title.
140-33 (b) A child support review order that is not agreed to must
140-34 include child support and medical support provisions, including a
140-35 determination of arrearages or retroactive support.
140-36 (c) A child support review order providing for the
140-37 enforcement of an order may not contain a provision that imposes
140-38 incarceration or a fine or contains a finding of contempt.
140-39 Sec. 231.418. ADDITIONAL CONTENTS OF AGREED CHILD SUPPORT
140-40 REVIEW ORDER. If a negotiation conference results in an agreement
140-41 by all parties, a child support review order must be signed by all
140-42 parties to the action and must contain:
140-43 (1) a waiver by each party of the right to service and
140-44 of the right to a court hearing and the making of a record;
140-45 (2) the mailing address of each party; and
140-46 (3) the following statement printed on the order in
140-47 boldface or in all capital letters:
140-48 "I KNOW THAT I DO NOT HAVE TO SIGN THIS AGREED
140-49 CHILD SUPPORT REVIEW ORDER. I KNOW THAT I HAVE A RIGHT
140-50 TO HAVE A COURT HEAR EVIDENCE AND MAKE A DECISION IN
140-51 THIS MATTER. I KNOW THAT I HAVE A RIGHT TO CHANGE MY
140-52 MIND AND WITHDRAW MY AGREEMENT TO THE TERMS OF THIS
140-53 ORDER AND REQUEST THAT A COURT DECIDE THIS MATTER BY
140-54 FILING A REQUEST FOR COURT HEARING AT ANY TIME BEFORE
140-55 THE 20TH DAY AFTER THE DATE THE PETITION FOR
140-56 CONFIRMATION OF THE ORDER IS FILED WITH THE CLERK OF
140-57 THE COURT. I KNOW THAT IF I FAIL TO FILE A REQUEST FOR
140-58 A COURT HEARING A COURT MAY CONFIRM AND APPROVE THIS
140-59 ORDER WITHOUT A HEARING, AND THE ORDER WILL BECOME A
140-60 VALID COURT ORDER. I KNOW THAT IF I DO NOT OBEY THE
140-61 TERMS OF THIS ORDER I MAY BE HELD IN CONTEMPT OF
140-62 COURT."
140-63 Sec. 231.419. FILING OF PETITION FOR CONFIRMATION. (a) The
140-64 child support agency shall file a petition for confirmation with
140-65 the clerk of the court having continuing jurisdiction of the child
140-66 who is the subject of the order.
140-67 (b) If there is not a court of continuing jurisdiction, the
140-68 child support agency shall file the petition for confirmation with
140-69 the clerk of a court having jurisdiction under this title.
140-70 Sec. 231.420. CONTENTS OF PETITION FOR CONFIRMATION;
141-1 DOCUMENTARY EVIDENCE TO BE FILED WITH PETITION. (a) A petition
141-2 for confirmation must include the final child support review order
141-3 as an attachment to the petition.
141-4 (b) Documentary evidence relied on by the child support
141-5 agency, including a verified written report of a paternity testing
141-6 expert concerning the results of paternity testing conducted in the
141-7 case or a statement of paternity, shall be filed with the clerk as
141-8 exhibits to the petition. The petition must identify the exhibits
141-9 that are filed with the clerk.
141-10 Sec. 231.421. DUTIES OF CLERK OF COURT. (a) On the filing
141-11 of a petition for confirmation, the clerk of court shall endorse on
141-12 the petition the date and time that the petition is filed and sign
141-13 the endorsement.
141-14 (b) If the petition is for an original action, the clerk
141-15 shall endorse the appropriate court and cause number on the
141-16 petition.
141-17 (c) If the petition is to confirm an agreed child support
141-18 review order under this subchapter, the clerk shall mail to each
141-19 party, at the address shown on the order, a copy of the petition
141-20 and written notice of the filing of the petition that states the
141-21 court and cause number of the case. The clerk shall note on the
141-22 docket that the notice was mailed.
141-23 (d) If the petition is to confirm an order other than an
141-24 agreed order, the clerk shall issue service of citation, including
141-25 a copy of the petition and the child support review order, to each
141-26 party entitled to service.
141-27 (e) A clerk of a district court is entitled to collect a fee
141-28 for:
141-29 (1) the filing of a petition under this section as
141-30 provided by Section 51.317(b)(1), Government Code;
141-31 (2) the issuance of notice or process as provided by
141-32 Section 51.317(b)(4), Government Code; and
141-33 (3) service of notice or citation as provided by
141-34 Section 51.319(4), Government Code, or as otherwise provided by
141-35 law.
141-36 Sec. 231.422. FORM TO REQUEST A COURT HEARING. (a) A court
141-37 shall consider any responsive pleading that is intended as an
141-38 objection to confirmation of a child support review order,
141-39 including a general denial, as a request for a court hearing.
141-40 (b) A child support agency shall:
141-41 (1) attach a copy of a form to request a court hearing
141-42 to each party's copy of the petition for confirmation of a child
141-43 support review order;
141-44 (2) make available to each clerk of court copies of
141-45 the form to request a court hearing; and
141-46 (3) provide the form to request a court hearing to a
141-47 party to the child support review proceeding on request.
141-48 (c) The clerk shall furnish the form to a party to a
141-49 proceeding under this subchapter on the request of the party.
141-50 Sec. 231.423. TIME TO REQUEST A COURT HEARING; HEARING SUA
141-51 SPONTE. (a) A party may file a request for a court hearing not
141-52 later than the 20th day after the date the petition for
141-53 confirmation of an agreed administrative order is filed or not
141-54 later than the Monday following the 20th day after the date the
141-55 party received service of citation in a case involving the
141-56 confirmation of any other type of order.
141-57 (b) If the court finds that confirmation of a child support
141-58 review order without a hearing would not be in the best interests
141-59 of a child who is the subject of the order, the court may schedule
141-60 a hearing. The order setting the hearing on the confirmation of
141-61 the order shall state the court's specific reasons for conducting
141-62 the hearing.
141-63 Sec. 231.424. CONFIRMATION WITHOUT HEARING. Not later than
141-64 the 30th day after the date a petition for confirmation is filed or
141-65 service is made on the last party required to be served, whichever
141-66 is later, the court shall confirm the child support review order by
141-67 signing an order of confirmation unless a party has filed a timely
141-68 request for hearing or the court has scheduled a hearing.
141-69 Sec. 231.425. EFFECT OF REQUEST FOR HEARING; PLEADING.
141-70 (a) A request for hearing or an order setting a hearing on
142-1 confirmation stays confirmation of the order pending the hearing.
142-2 (b) At a hearing on confirmation, all issues in the child
142-3 support review order shall be heard in a trial de novo.
142-4 (c) The petition for confirmation and the child support
142-5 review order constitute a sufficient pleading for relief on any
142-6 issue addressed in the petition and order.
142-7 Sec. 231.426. TIME FOR COURT HEARING. A court shall hold a
142-8 hearing on the confirmation of a child support review order not
142-9 later than the 30th day after the date the court determines that a
142-10 hearing should be held or the last party to be served files a
142-11 timely request for a court hearing.
142-12 Sec. 231.427. ORDER AFTER HEARING; EFFECT OF CONFIRMATION
142-13 ORDER. (a) After the hearing on the confirmation of a child
142-14 support review order, the court shall:
142-15 (1) if the court finds that the order should be
142-16 confirmed, immediately sign a confirmation order and enter the
142-17 order as an order of the court;
142-18 (2) if the court finds that the relief granted in the
142-19 child support review order is inappropriate, sign an appropriate
142-20 order at the conclusion of the hearing or as soon after the
142-21 conclusion of the hearing as is practical and enter the order as an
142-22 order of the court; or
142-23 (3) if the court finds that all relief should be
142-24 denied, enter an order that denies relief and includes specific
142-25 findings explaining the reasons that relief is denied.
142-26 (b) On the signing of a confirmation order by the judge of
142-27 the court, the child support review order becomes a final judgment
142-28 of the court.
142-29 Sec. 231.428. SPECIAL CHILD SUPPORT REVIEW PROCEDURES
142-30 RELATING TO ESTABLISHMENT OF PATERNITY. (a) If the paternity of a
142-31 child has not been established by court order, the notice of child
142-32 support review served on the parties must include an allegation
142-33 that the alleged father is the biological father of the child. The
142-34 notice shall inform the parties that the alleged father of the
142-35 child may sign a statement of paternity and that any party may
142-36 request that scientifically accepted paternity testing be conducted
142-37 to assist in determining whether the alleged father is the child's
142-38 father.
142-39 (b) A negotiation conference shall be conducted to resolve
142-40 any issues of support in an action in which all parties agree that
142-41 the alleged father is the child's biological father.
142-42 (c) If a party denies that the alleged father is the child's
142-43 biological father or, in the case of a presumed father, if either
142-44 party files a verified denial of paternity, the child support
142-45 agency may schedule paternity testing.
142-46 (d) If paternity testing does not exclude the alleged father
142-47 from being the child's father and a party continues to deny that
142-48 the alleged father is the child's biological father, the child
142-49 support agency may schedule a negotiation conference as provided by
142-50 this subchapter. If the results of a verified written report of a
142-51 paternity testing expert meet the requirements of Chapter 160 for
142-52 issuing a temporary order, the child support agency may issue a
142-53 child support review order.
142-54 (e) If the results of paternity testing exclude the alleged
142-55 or presumed father from being the biological father of the child,
142-56 the child support agency shall issue a child support review order
142-57 that declares that the alleged or presumed father is not the father
142-58 of the child.
142-59 (f) Any party may file a petition for confirmation of a
142-60 child support review order issued under this section.
142-61 Sec. 231.429. ADMINISTRATIVE PROCEDURE LAW NOT APPLICABLE.
142-62 The child support review process under this chapter is not governed
142-63 by the administrative procedure law, Chapter 2001, Government Code.
142-64 Sec. 231.430. EXPIRATION OF SUBCHAPTER. This subchapter
142-65 expires September 1, 1997.
142-66 (Chapters 232-260 reserved for expansion)
142-67 SUBTITLE E. PROTECTION OF THE CHILD
142-68 CHAPTER 261. INVESTIGATION OF REPORT OF CHILD ABUSE OR NEGLECT
142-69 SUBCHAPTER A. GENERAL PROVISIONS
142-70 Sec. 261.001. DEFINITIONS. In this chapter:
143-1 (1) "Abuse" includes the following acts or omissions
143-2 by a person:
143-3 (A) mental or emotional injury to a child that
143-4 results in an observable and material impairment in the child's
143-5 growth, development, or psychological functioning;
143-6 (B) causing or permitting the child to be in a
143-7 situation in which the child sustains a mental or emotional injury
143-8 that results in an observable and material impairment in the
143-9 child's growth, development, or psychological functioning;
143-10 (C) physical injury that results in substantial
143-11 harm to the child, or the genuine threat of substantial harm from
143-12 physical injury to the child, including an injury that is at
143-13 variance with the history or explanation given and excluding an
143-14 accident or reasonable discipline by a parent, guardian, or
143-15 managing or possessory conservator that does not expose the child
143-16 to a substantial risk of harm;
143-17 (D) failure to make a reasonable effort to
143-18 prevent an action by another person that results in physical injury
143-19 that results in substantial harm to the child;
143-20 (E) sexual offenses under the Penal Code
143-21 inflicted on, shown to, or intentionally or recklessly practiced in
143-22 the presence of a child, including:
143-23 (i) sexual conduct as defined by Section
143-24 43.01, Penal Code;
143-25 (ii) sexual assault as provided by Section
143-26 22.011, Penal Code; or
143-27 (iii) prohibited sexual conduct as
143-28 provided by Section 25.02, Penal Code;
143-29 (F) failure to make a reasonable effort to
143-30 prevent sexual conduct or sexual assault as defined or provided by
143-31 Sections 43.01 and 22.011, Penal Code, or prohibited sexual conduct
143-32 as provided by Section 25.02, Penal Code, from being inflicted on
143-33 or shown to a child by another person or being intentionally or
143-34 recklessly practiced in the presence of a child by another person;
143-35 (G) compelling or encouraging the child to
143-36 engage in sexual conduct as defined by Section 43.01, Penal Code;
143-37 or
143-38 (H) causing, permitting, encouraging, engaging
143-39 in, or allowing the photographing, filming, or depicting of the
143-40 child if the person knew or should have known that the resulting
143-41 photograph, film, or depiction of the child is obscene as defined
143-42 by Section 43.21, Penal Code, or pornographic.
143-43 (2) "Department" means the Department of Protective
143-44 and Regulatory Services.
143-45 (3) "Designated agency" means the agency designated by
143-46 the court as responsible for the protection of children.
143-47 (4) "Neglect" includes:
143-48 (A) the leaving of a child in a situation where
143-49 the child would be exposed to a substantial risk of harm, without
143-50 arranging for necessary care for the child, and the demonstration
143-51 of an intent not to return by a parent, guardian, or managing or
143-52 possessory conservator of the child;
143-53 (B) the following acts or omissions by a person:
143-54 (i) placing a child in or failing to
143-55 remove a child from a situation that a reasonable person would
143-56 realize requires judgment or actions beyond the child's level of
143-57 maturity, physical condition, or mental abilities and that results
143-58 in bodily injury or a substantial risk of immediate harm to the
143-59 child;
143-60 (ii) failing to seek, obtain, or follow
143-61 through with medical care for a child, with the failure resulting
143-62 in or presenting a substantial risk of death, disfigurement, or
143-63 bodily injury or with the failure resulting in an observable and
143-64 material impairment to the growth, development, or functioning of
143-65 the child; or
143-66 (iii) the failure to provide a child with
143-67 food, clothing, or shelter necessary to sustain the life or health
143-68 of the child, excluding failure caused primarily by financial
143-69 inability unless relief services had been offered and refused; or
143-70 (C) the failure by the person responsible for a
144-1 child's care, custody, or welfare to permit the child to return to
144-2 the child's home without arranging for the necessary care for the
144-3 child after the child has been absent from the home for any reason,
144-4 including having been in residential placement or having run away.
144-5 (5) "Person responsible for a child's care, custody,
144-6 or welfare" means a person who traditionally is responsible for a
144-7 child's care, custody, or welfare, including:
144-8 (A) a parent, guardian, managing or possessory
144-9 conservator, or foster parent of the child;
144-10 (B) a member of the child's family or household
144-11 as defined by Chapter 71;
144-12 (C) a person with whom the child's parent
144-13 cohabits;
144-14 (D) school personnel or a volunteer at the
144-15 child's school; or
144-16 (E) personnel or a volunteer at a public or
144-17 private child-care facility that provides services for the child or
144-18 at a public or private residential institution or facility where
144-19 the child resides.
144-20 (6) "Report" means a report of alleged or suspected
144-21 abuse or neglect of a child.
144-22 Sec. 261.002. CENTRAL REGISTRY. (a) The department shall
144-23 establish and maintain in Austin a central registry of reported
144-24 cases of child abuse or neglect.
144-25 (b) The department may adopt rules necessary to carry out
144-26 this section. The rules shall provide for cooperation with local
144-27 child service agencies, including hospitals, clinics, and schools,
144-28 and cooperation with other states in exchanging reports to effect a
144-29 national registration system.
144-30 Sec. 261.003. APPLICATION TO STUDENTS IN SCHOOL FOR DEAF OR
144-31 SCHOOL FOR BLIND AND VISUALLY IMPAIRED. This chapter applies to
144-32 the investigation of a report of abuse or neglect of a student,
144-33 without regard to the age of the student, in the Texas School for
144-34 the Deaf or the Texas School for the Blind and Visually Impaired.
144-35 (Sections 261.004-261.100 reserved for expansion)
144-36 SUBCHAPTER B. REPORT OF ABUSE OR NEGLECT; IMMUNITIES
144-37 Sec. 261.101. PERSONS REQUIRED TO REPORT; TIME TO REPORT.
144-38 (a) A person having cause to believe that a child's physical or
144-39 mental health or welfare has been or may be adversely affected by
144-40 abuse or neglect by any person shall immediately make a report as
144-41 provided by this subchapter.
144-42 (b) If a professional has cause to believe that a child has
144-43 been or may be abused or neglected, the professional shall make a
144-44 report not later than the 48th hour after the hour the professional
144-45 first suspects that the child has been or may be abused or
144-46 neglected. In this subsection, "professional" means an individual
144-47 who is licensed or certified by the state or who is an employee of
144-48 a facility licensed, certified, or operated by the state and who,
144-49 in the normal course of official duties or duties for which a
144-50 license or certification is required, has direct contact with
144-51 children. The term includes teachers, nurses, doctors, and
144-52 day-care employees.
144-53 Sec. 261.102. MATTERS TO BE REPORTED. A report should
144-54 reflect the reporter's belief that a child:
144-55 (1) has been or may be abused or neglected or has died
144-56 of abuse or neglect;
144-57 (2) has violated the compulsory school attendance laws
144-58 on three or more occasions; or
144-59 (3) has, on three or more occasions, been voluntarily
144-60 absent from home without the consent of the child's parent or
144-61 guardian for a substantial length of time or without the intent to
144-62 return.
144-63 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. A report
144-64 shall be made to:
144-65 (1) any local or state law enforcement agency;
144-66 (2) the department;
144-67 (3) the state agency that operates, licenses,
144-68 certifies, or registers the facility in which the alleged abuse or
144-69 neglect occurred; or
144-70 (4) the agency designated by the court to be
145-1 responsible for the protection of children.
145-2 Sec. 261.104. CONTENTS OF REPORT. The person making a
145-3 report shall identify, if known:
145-4 (1) the name and address of the child;
145-5 (2) the name and address of the person responsible for
145-6 the care of the child; and
145-7 (3) any other pertinent information concerning the
145-8 alleged or suspected abuse or neglect.
145-9 Sec. 261.105. REFERRAL OF REPORT BY DEPARTMENT OR LAW
145-10 ENFORCEMENT. (a) All reports received by a local or state law
145-11 enforcement agency that allege abuse or neglect by a person
145-12 responsible for a child's care, custody, or welfare shall be
145-13 referred to the department or the designated agency.
145-14 (b) The department or designated agency shall immediately
145-15 notify the appropriate state or local law enforcement agency of any
145-16 report it receives, other than a report from a law enforcement
145-17 agency, that concerns the suspected abuse or neglect of a child or
145-18 death of a child from abuse or neglect.
145-19 (c) In addition to notifying a law enforcement agency, if
145-20 the report relates to a child in a facility operated, licensed,
145-21 certified, or registered by a state agency, the department shall
145-22 refer the report to the agency for investigation.
145-23 (d) If the department initiates an investigation and
145-24 determines that the abuse or neglect does not involve a person
145-25 responsible for the child's care, custody, or welfare, the
145-26 department shall refer the report to a law enforcement agency for
145-27 further investigation.
145-28 Sec. 261.106. IMMUNITIES. (a) Except for a person who
145-29 reports the person's own conduct or who acts in bad faith or with
145-30 malicious purpose, a person reporting or assisting in the
145-31 investigation of a report under this chapter is immune from civil
145-32 or criminal liability that might otherwise be incurred or imposed.
145-33 (b) Immunity extends to participation in a judicial
145-34 proceeding resulting from the report.
145-35 Sec. 261.107. FALSE REPORT; PENALTY. (a) A person commits
145-36 an offense if the person knowingly or intentionally makes a report
145-37 as provided in this chapter that the person knows is false or lacks
145-38 factual foundation. An offense under this subsection is a Class B
145-39 misdemeanor.
145-40 (b) If, in connection with a pending suit affecting the
145-41 parent-child relationship, a parent of a child makes a report
145-42 alleging child abuse by the other parent that the parent making the
145-43 report knows is false or lacks factual foundation, evidence of the
145-44 report is admissible in a suit between the parents involving terms
145-45 of conservatorship.
145-46 Sec. 261.108. FRIVOLOUS CLAIMS AGAINST PERSON REPORTING.
145-47 (a) In this section:
145-48 (1) "Claim" means an action or claim by a party,
145-49 including a plaintiff, counterclaimant, cross-claimant, or
145-50 third-party plaintiff, requesting recovery of damages.
145-51 (2) "Defendant" means a party against whom a claim is
145-52 made.
145-53 (b) A court shall award a defendant reasonable attorney's
145-54 fees and other expenses related to the defense of a claim filed
145-55 against the defendant for damages or other relief arising from
145-56 reporting or assisting in the investigation of a report under this
145-57 chapter or participating in a judicial proceeding resulting from
145-58 the report if:
145-59 (1) the court finds that the claim is frivolous,
145-60 unreasonable, or without foundation because the defendant is immune
145-61 from liability under Section 261.106; and
145-62 (2) the claim is dismissed or judgment is rendered for
145-63 the defendant.
145-64 (c) To recover under this section, the defendant must, at
145-65 any time after the filing of a claim, file a written motion stating
145-66 that:
145-67 (1) the claim is frivolous, unreasonable, or without
145-68 foundation because the defendant is immune from liability under
145-69 Section 261.106; and
145-70 (2) the defendant requests the court to award
146-1 reasonable attorney's fees and other expenses related to the
146-2 defense of the claim.
146-3 Sec. 261.109. FAILURE TO REPORT; PENALTY. (a) A person
146-4 commits an offense if the person has cause to believe that a
146-5 child's physical or mental health or welfare has been or may be
146-6 adversely affected by abuse or neglect and knowingly fails to
146-7 report as provided in this chapter.
146-8 (b) An offense under this section is a Class B misdemeanor.
146-9 (Sections 261.110-261.200 reserved for expansion)
146-10 SUBCHAPTER C. CONFIDENTIALITY AND PRIVILEGED COMMUNICATION
146-11 Sec. 261.201. CONFIDENTIALITY. (a) Except as provided in
146-12 Subsections (b) and (c), the reports, records, and working papers
146-13 used or developed in an investigation under this chapter are
146-14 confidential and may be disclosed only for purposes consistent with
146-15 the purposes of this code under rules adopted by the investigating
146-16 agency.
146-17 (b) The adoptive parents of a child who was the subject of
146-18 an investigation and an adult who was the subject of an
146-19 investigation as a child are entitled to examine and make copies of
146-20 any report, record, working paper, or other information in the
146-21 possession, custody, or control of the state that pertains to the
146-22 history of the child. The department may edit the documents to
146-23 protect the identity of the biological parents and any other person
146-24 whose identity is confidential.
146-25 (c) Before placing a child who was the subject of an
146-26 investigation, the department shall notify the prospective adoptive
146-27 parents of their right to examine any report, record, working
146-28 paper, or other information in the possession, custody, or control
146-29 of the state that pertains to the history of the child.
146-30 (d) The department shall provide prospective adoptive
146-31 parents an opportunity to examine information under this section as
146-32 early as practicable before placing a child.
146-33 Sec. 261.202. PRIVILEGED COMMUNICATION. In a proceeding
146-34 regarding the abuse or neglect of a child, evidence may not be
146-35 excluded on the ground of privileged communication except in the
146-36 case of communications between an attorney and client.
146-37 (Sections 261.203-261.300 reserved for expansion)
146-38 SUBCHAPTER D. INVESTIGATIONS
146-39 Sec. 261.301. INVESTIGATION OF REPORT. (a) The department
146-40 or designated agency shall make a prompt and thorough investigation
146-41 of a report of child abuse or neglect allegedly committed by a
146-42 person responsible for a child's care, custody, or welfare.
146-43 (b) A state agency shall investigate a report that alleges
146-44 abuse or neglect occurred in a facility operated, licensed,
146-45 certified, or registered by that agency as provided by Subchapter
146-46 E.
146-47 (c) The department is not required to investigate a report
146-48 that alleges child abuse or neglect by a person other than a person
146-49 responsible for a child's care, custody, or welfare. The
146-50 appropriate state or local law enforcement agency shall investigate
146-51 that report if the agency determines an investigation should be
146-52 conducted.
146-53 (d) The department may by rule assign priorities to
146-54 investigations based on the severity and immediacy of the alleged
146-55 harm to the child. The primary purpose of the investigation shall
146-56 be the protection of the child.
146-57 (e) As necessary to complete a thorough investigation, the
146-58 department or designated agency shall determine:
146-59 (1) the nature, extent, and cause of the abuse or
146-60 neglect;
146-61 (2) the identity of the person responsible for the
146-62 abuse or neglect;
146-63 (3) the names and conditions of the other children in
146-64 the home;
146-65 (4) an evaluation of the parents or persons
146-66 responsible for the care of the child;
146-67 (5) the adequacy of the home environment;
146-68 (6) the relationship of the child to the persons
146-69 responsible for the care, custody, or welfare of the child; and
146-70 (7) all other pertinent data.
147-1 Sec. 261.302. CONDUCT OF INVESTIGATION. (a) The
147-2 investigation may include:
147-3 (1) a visit to the child's home, unless the alleged
147-4 abuse or neglect can be confirmed or clearly ruled out without a
147-5 home visit; and
147-6 (2) an interview with and examination of the subject
147-7 child, which may include a medical, psychological, or psychiatric
147-8 examination.
147-9 (b) The interview with and examination of the child may:
147-10 (1) be conducted at any reasonable time and place,
147-11 including the child's home or the child's school; and
147-12 (2) include the presence of persons the department or
147-13 designated agency determines are necessary.
147-14 (c) The investigation may include an interview with the
147-15 child's parents and an interview with and medical, psychological,
147-16 or psychiatric examination of any child in the home.
147-17 Sec. 261.303. COURT ORDER TO ASSIST INVESTIGATION. (a) If
147-18 admission to the home, school, or any place where the child may be
147-19 cannot be obtained, then for good cause shown the court having
147-20 family law jurisdiction shall order the parent, the person
147-21 responsible for the care of the children, or the person in charge
147-22 of any place where the child may be to allow entrance for the
147-23 interview, examination, and investigation.
147-24 (b) If a parent or person responsible for the child's care
147-25 does not consent to a medical, psychological, or psychiatric
147-26 examination of the child that is requested by the department or
147-27 designated agency, the court having family law jurisdiction shall,
147-28 for good cause shown, order the examination to be made at the times
147-29 and places designated by the court.
147-30 Sec. 261.304. INVESTIGATION OF ANONYMOUS REPORT. (a) If
147-31 the department receives an anonymous report of child abuse or
147-32 neglect by a person responsible for a child's care, custody, or
147-33 welfare, the department shall conduct a preliminary investigation
147-34 to determine whether there is any evidence to corroborate the
147-35 report.
147-36 (b) An investigation under this section may include a visit
147-37 to the child's home and an interview with and examination of the
147-38 child and an interview with the child's parents. In addition, the
147-39 department may interview any other person the department believes
147-40 may have relevant information.
147-41 (c) Unless the department determines that there is some
147-42 evidence to corroborate the report of abuse, the department may not
147-43 conduct the thorough investigation required by this chapter or take
147-44 any action against the person accused of abuse.
147-45 Sec. 261.305. ACCESS TO MENTAL HEALTH RECORDS. (a) An
147-46 investigation may include an inquiry into the possibility that the
147-47 child, a parent, or a person responsible for the care of the child
147-48 has a history of mental illness.
147-49 (b) If the parent or person responsible for the care of the
147-50 child does not allow the department or designated agency to have
147-51 access to mental health records requested by the department or
147-52 agency, the court having family law jurisdiction, for good cause
147-53 shown, shall order that the department or agency be permitted to
147-54 have access to the records under terms and conditions prescribed by
147-55 the court.
147-56 (c) If the court determines that the parent or person
147-57 responsible for the care of the child is indigent, the court shall
147-58 appoint an attorney to represent the parent or person responsible
147-59 for the child at the hearing to obtain mental health records. The
147-60 fees for the appointed attorney shall be paid by the department or
147-61 designated agency.
147-62 (d) A parent or person responsible for the child's care is
147-63 entitled to notice and a hearing when the department or designated
147-64 agency seeks a court order to allow a medical, psychological, or
147-65 psychiatric examination or access to mental health records.
147-66 (e) This access does not constitute a waiver of
147-67 confidentiality.
147-68 Sec. 261.306. REMOVAL OF CHILD FROM STATE. (a) If the
147-69 department or designated agency has reason to believe that a person
147-70 responsible for the care, custody, or welfare of the child may
148-1 remove the child from the state before the investigation is
148-2 completed, the department or designated agency may file an
148-3 application for a temporary restraining order in a district court
148-4 without regard to continuing jurisdiction of the child as provided
148-5 in Chapter 155.
148-6 (b) The court may render a temporary restraining order
148-7 prohibiting the person from removing the child from the state
148-8 pending completion of the investigation if the court:
148-9 (1) finds that the department or designated agency has
148-10 probable cause to conduct the investigation; and
148-11 (2) has reason to believe that the person may remove
148-12 the child from the state.
148-13 Sec. 261.307. INFORMATION RELATING TO INVESTIGATION
148-14 PROCEDURE. As soon as possible after initiating an investigation
148-15 of a parent or other person having legal custody of a child, the
148-16 department shall provide to the person a brief and easily
148-17 understood summary of:
148-18 (1) the department's procedures for conducting an
148-19 investigation of alleged child abuse or neglect, including:
148-20 (A) a description of the circumstances under
148-21 which the department would request to remove the child from the
148-22 home through the judicial system; and
148-23 (B) an explanation that the law requires the
148-24 department to refer all reports of alleged child abuse or neglect
148-25 to a law enforcement agency for a separate determination of whether
148-26 a criminal violation occurred;
148-27 (2) the person's right to file a complaint with the
148-28 department or to request a review of the findings made by the
148-29 department in the investigation;
148-30 (3) the person's right to review all records of the
148-31 investigation unless the review would jeopardize an ongoing
148-32 criminal investigation;
148-33 (4) the person's right to seek legal counsel;
148-34 (5) references to the statutory and regulatory
148-35 provisions governing child abuse and neglect and how the person may
148-36 obtain copies of those provisions; and
148-37 (6) the process the person may use to acquire access
148-38 to the child if the child is removed from the home.
148-39 Sec. 261.308. SUBMISSION OF INVESTIGATION REPORT. (a) The
148-40 department or designated agency shall make a complete written
148-41 report of the investigation.
148-42 (b) If sufficient grounds for filing a suit exist, the
148-43 department or designated agency shall submit the report, together
148-44 with recommendations, to the court, the district attorney, and the
148-45 appropriate law enforcement agency.
148-46 Sec. 261.309. REVIEW OF DEPARTMENT INVESTIGATIONS. (a) The
148-47 department shall by rule establish policies and procedures to
148-48 resolve complaints relating to and conduct reviews of child abuse
148-49 or neglect investigations conducted by the department.
148-50 (b) If a person under investigation for allegedly abusing or
148-51 neglecting a child requests clarification of the status of the
148-52 person's case or files a complaint relating to the conduct of the
148-53 department's staff or to department policy, the department shall
148-54 conduct an informal review to clarify the person's status or
148-55 resolve the complaint. The immediate supervisor of the employee
148-56 who conducted the child abuse or neglect investigation or against
148-57 whom the complaint was filed shall conduct the informal review as
148-58 soon as possible but not later than the 14th day after the date the
148-59 request or complaint is received.
148-60 (c) If, after the department's investigation, the person who
148-61 is alleged to have abused or neglected a child disputes the
148-62 department's determination of whether child abuse or neglect
148-63 occurred, the person may request an administrative review of the
148-64 findings. A department employee in administration who was not
148-65 involved in or did not directly supervise the investigation shall
148-66 conduct the review. The review must sustain, alter, or reverse the
148-67 department's original findings in the investigation.
148-68 (d) Unless a civil or criminal court proceeding or an
148-69 ongoing criminal investigation relating to the alleged abuse or
148-70 neglect investigated by the department is pending, the department
149-1 employee shall conduct the review prescribed by Subsection (c) as
149-2 soon as possible but not later than the 45th day after the date the
149-3 department receives the request. If a civil or criminal court
149-4 proceeding or an ongoing criminal investigation is pending, the
149-5 department may postpone the review until the court proceeding is
149-6 completed.
149-7 (e) A person is not required to exhaust the remedies
149-8 provided by this section before pursuing a judicial remedy provided
149-9 by law.
149-10 (f) This section does not provide for a review of an order
149-11 rendered by a court.
149-12 Sec. 261.310. INVESTIGATION STANDARDS. (a) The department
149-13 shall by rule develop and adopt voluntary standards for persons who
149-14 investigate suspected child abuse or neglect at the state or local
149-15 level. The standards shall encourage professionalism and
149-16 consistency in the investigation of suspected child abuse or
149-17 neglect.
149-18 (b) The standards must provide for a minimum number of hours
149-19 of annual professional training for interviewers and investigators
149-20 of suspected child abuse or neglect.
149-21 (c) The professional training curriculum developed under
149-22 this section shall include information concerning:
149-23 (1) physical abuse and neglect, including
149-24 distinguishing physical abuse from ordinary childhood injuries;
149-25 (2) psychological abuse and neglect;
149-26 (3) available treatment resources; and
149-27 (4) the incidence and types of reports of child abuse
149-28 and neglect that are received by the investigating agencies,
149-29 including information concerning false reports.
149-30 (d) The standards shall recommend:
149-31 (1) that videotaped and audiotaped interviews with a
149-32 suspected victim be uninterrupted;
149-33 (2) a maximum number of interviews with and
149-34 examinations of a suspected victim;
149-35 (3) procedures to preserve evidence, including the
149-36 original notes, videotapes, and audiotapes; and
149-37 (4) that an investigator of suspected child abuse or
149-38 neglect make a reasonable effort to locate and inform each parent
149-39 of a child of any report of abuse or neglect relating to the child.
149-40 Sec. 261.311. NOTICE OF INTERVIEW OR EXAMINATION. If,
149-41 during an investigation, a representative of the department or the
149-42 designated agency conducts an interview with or an examination of a
149-43 child, the department or designated agency shall make a reasonable
149-44 effort before 24 hours after the time of the interview or
149-45 examination to notify each parent of the child and the child's
149-46 legal guardian, if one has been appointed, that the interview or
149-47 examination was conducted.
149-48 (Sections 261.312-261.400 reserved for expansion)
149-49 SUBCHAPTER E. INVESTIGATIONS OF ABUSE OR NEGLECT
149-50 IN CERTAIN FACILITIES
149-51 Sec. 261.401. AGENCY INVESTIGATION. (a) A state agency that
149-52 operates, licenses, certifies, or registers a facility in which
149-53 children are located shall make a prompt, thorough investigation of
149-54 a report that a child has been or may be abused or neglected in the
149-55 facility. The primary purpose of the investigation shall be the
149-56 protection of the child.
149-57 (b) A state agency shall notify the department of each
149-58 report of abuse or neglect it receives under this subchapter
149-59 relating to abuse or neglect in a facility operated by the agency
149-60 according to rules adopted by the department.
149-61 (c) A state agency shall adopt rules relating to the
149-62 investigation and resolution of reports received under this
149-63 subchapter. The Health and Human Services Commission shall review
149-64 and approve the rules to ensure that all agencies implement
149-65 appropriate standards for the conduct of investigations and that
149-66 uniformity exists among agencies in the investigation and
149-67 resolution of reports.
149-68 Sec. 261.402. INVESTIGATIVE REPORTS. (a) A state agency
149-69 shall prepare and keep on file a complete written report of each
149-70 investigation conducted by the agency under this subchapter.
150-1 (b) If the investigation relates to a report of abuse or
150-2 neglect in a facility operated by a state agency, the agency
150-3 responsible for the investigation shall submit a copy of the
150-4 investigative report to the department.
150-5 (c) If the state agency finds that a child has been or may
150-6 be abused or neglected, the agency shall submit a copy of the
150-7 report of its investigation to the appropriate law enforcement
150-8 agency.
150-9 (d) A state agency that licenses, certifies, or registers a
150-10 facility in which children are located shall compile, maintain, and
150-11 make available statistics on the incidence of child abuse and
150-12 neglect in the facility.
150-13 (e) The department shall compile, maintain, and make
150-14 available statistics on the incidence of child abuse and neglect in
150-15 a facility operated by a state agency.
150-16 Sec. 261.403. COMPLAINTS. (a) If a state agency receives a
150-17 complaint relating to an investigation conducted by the agency
150-18 concerning a facility operated by that agency in which children are
150-19 located, the agency shall refer the complaint to the agency's
150-20 board.
150-21 (b) The board of a state agency that operates a facility in
150-22 which children are located shall ensure that the procedure for
150-23 investigating abuse and neglect allegations and inquiries in the
150-24 agency's facility is periodically reviewed under the agency's
150-25 internal audit program required by Chapter 2102, Government Code.
150-26 CHAPTER 262. EMERGENCY PROCEDURES IN SUIT BY
150-27 GOVERNMENTAL ENTITY
150-28 SUBCHAPTER A. GENERAL PROVISIONS
150-29 Sec. 262.001. AUTHORIZED ACTIONS BY GOVERNMENTAL ENTITY. A
150-30 governmental entity with an interest in the child may file a suit
150-31 affecting the parent-child relationship requesting an emergency
150-32 order or take possession of a child without a court order as
150-33 provided by this chapter.
150-34 Sec. 262.002. JURISDICTION FOR EMERGENCY PROCEDURES. A suit
150-35 brought by a governmental entity requesting an emergency order
150-36 under this chapter may be filed in a court with jurisdiction to
150-37 hear the suit in the county in which the child is found.
150-38 Sec. 262.003. CIVIL LIABILITY. A person who takes
150-39 possession of a child without a court order is immune from civil
150-40 liability if, at the time possession is taken, there is reasonable
150-41 cause to believe there is an immediate danger to the physical
150-42 health or safety of the child.
150-43 Sec. 262.004. ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
150-44 CHILD. An authorized representative of the Department of
150-45 Protective and Regulatory Services, a law enforcement officer, or a
150-46 juvenile probation officer may take possession of a child without a
150-47 court order on the voluntary delivery of the child by the parent,
150-48 managing conservator, possessory conservator, guardian, caretaker,
150-49 or custodian who is presently entitled to possession of the child.
150-50 Sec. 262.005. FILING PETITION AFTER ACCEPTING VOLUNTARY
150-51 DELIVERY OF POSSESSION OF CHILD. When possession of the child has
150-52 been acquired through voluntary delivery of the child to a
150-53 governmental entity, the entity taking the child into possession
150-54 shall cause a suit to be filed not later than the 60th day after
150-55 the date the child is taken into possession.
150-56 Sec. 262.006. LIVING CHILD AFTER ABORTION. (a) An
150-57 authorized representative of the Department of Protective and
150-58 Regulatory Services may assume the care, control, and custody of a
150-59 child born alive as the result of an abortion as defined by Chapter
150-60 161.
150-61 (b) The department shall file a suit and request an
150-62 emergency order under this chapter.
150-63 (c) A child for whom possession is assumed under this
150-64 section need not be delivered to the court except on the order of
150-65 the court.
150-66 (Sections 262.007-262.100 reserved for expansion)
150-67 SUBCHAPTER B. TAKING POSSESSION OF CHILD IN EMERGENCY
150-68 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
150-69 CHILD. A petition or affidavit filed by a governmental entity
150-70 requesting permission to take possession of a child in an emergency
151-1 shall be sworn to by a person with personal knowledge and shall
151-2 state facts sufficient to satisfy a person of ordinary prudence and
151-3 caution that:
151-4 (1) there is an immediate danger to the physical
151-5 health or safety of the child or the child has been a victim of
151-6 sexual abuse; and
151-7 (2) there is no time, consistent with the physical
151-8 health or safety of the child, for an adversary hearing.
151-9 Sec. 262.102. EMERGENCY ORDER AUTHORIZING POSSESSION OF
151-10 CHILD. (a) Before a court may issue a temporary restraining order
151-11 or attachment of a child in a suit requesting an emergency order
151-12 brought by a governmental entity, the court must be satisfied from
151-13 a sworn petition or affidavit that:
151-14 (1) there is an immediate danger to the physical
151-15 health or safety of the child or the child has been a victim of
151-16 sexual abuse; and
151-17 (2) there is no time, consistent with the physical
151-18 health or safety of the child, for an adversary hearing.
151-19 (b) In determining whether there is an immediate danger to
151-20 the physical health or safety of a child, the court may consider
151-21 whether the person who has possession of the child has:
151-22 (1) abused or neglected another child in a manner that
151-23 caused serious injury to or the death of the other child; or
151-24 (2) sexually abused another child.
151-25 Sec. 262.103. DURATION OF TEMPORARY RESTRAINING ORDER AND
151-26 ATTACHMENT. A temporary restraining order or attachment of the
151-27 child issued under this chapter expires not later than 14 days
151-28 after the date it is issued unless it is extended as provided by
151-29 the Texas Rules of Civil Procedure.
151-30 Sec. 262.104. TAKING POSSESSION OF A CHILD IN EMERGENCY
151-31 WITHOUT A COURT ORDER. If there is no time to obtain a temporary
151-32 restraining order or attachment before taking possession of a child
151-33 consistent with the health and safety of that child, an authorized
151-34 representative of the Department of Protective and Regulatory
151-35 Services, a law enforcement officer, or a juvenile probation
151-36 officer may take possession of a child without a court order under
151-37 the following conditions, only:
151-38 (1) on personal knowledge of facts that would lead a
151-39 person of ordinary prudence and caution to believe that there is an
151-40 immediate danger to the physical health or safety of the child;
151-41 (2) on information furnished by another that has been
151-42 corroborated by personal knowledge of facts and all of which taken
151-43 together would lead a person of ordinary prudence and caution to
151-44 believe that there is an immediate danger to the physical health or
151-45 safety of the child;
151-46 (3) on personal knowledge of facts that would lead a
151-47 person of ordinary prudence and caution to believe that the child
151-48 has been the victim of sexual abuse; or
151-49 (4) on information furnished by another that has been
151-50 corroborated by personal knowledge of facts and all of which taken
151-51 together would lead a person of ordinary prudence and caution to
151-52 believe that the child has been the victim of sexual abuse.
151-53 Sec. 262.105. FILING PETITION AFTER TAKING POSSESSION OF
151-54 CHILD IN EMERGENCY. When a child is taken into possession without
151-55 a court order, the person taking the child into possession, without
151-56 unnecessary delay, shall:
151-57 (1) file a suit affecting the parent-child
151-58 relationship;
151-59 (2) request the court to appoint an attorney ad litem
151-60 for the child; and
151-61 (3) request an initial hearing to be held by no later
151-62 than the first working day after the date the child is taken into
151-63 possession.
151-64 Sec. 262.106. INITIAL HEARING AFTER TAKING POSSESSION OF
151-65 CHILD IN EMERGENCY WITHOUT COURT ORDER. (a) The court in which a
151-66 suit has been filed after a child has been taken into possession
151-67 without a court order by a governmental entity shall hold an
151-68 initial hearing on or before the first working day after the date
151-69 the child is taken into possession. The court shall render orders
151-70 that are necessary to protect the physical health and safety of the
152-1 child. If the court is unavailable for a hearing on the first
152-2 working day, then, and only in that event, the hearing shall be
152-3 held no later than the first working day after the court becomes
152-4 available, provided that the hearing is held no later than the
152-5 third working day after the child is taken into possession.
152-6 (b) The initial hearing may be ex parte and proof may be by
152-7 sworn petition or affidavit if a full adversary hearing is not
152-8 practicable.
152-9 (c) If the initial hearing is not held within the time
152-10 required, the child shall be returned to the parent, managing
152-11 conservator, possessory conservator, guardian, caretaker, or
152-12 custodian who is presently entitled to possession of the child.
152-13 Sec. 262.107. STANDARD FOR DECISION AT INITIAL HEARING AFTER
152-14 TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY.
152-15 (a) The court shall order the return of the child at the initial
152-16 hearing regarding a child taken in possession without a court order
152-17 by a governmental entity unless the court is satisfied that:
152-18 (1) there is a continuing danger to the physical
152-19 health or safety of the child if the child is returned to the
152-20 parent, managing conservator, possessory conservator, guardian,
152-21 caretaker, or custodian who is presently entitled to possession of
152-22 the child; or
152-23 (2) the evidence shows that the child has been the
152-24 victim of sexual abuse on one or more occasions and that there is a
152-25 reasonable likelihood that the child will be the victim of sexual
152-26 abuse in the future.
152-27 (b) In determining whether there is a continuing danger to
152-28 the physical health or safety of a child, the court may consider
152-29 whether the person to whom the child would be returned has abused
152-30 or neglected another child in a manner that caused serious injury
152-31 to or the death of the other child.
152-32 Sec. 262.108. UNACCEPTABLE FACILITIES FOR HOUSING CHILD.
152-33 When a child is taken into possession under this chapter, that
152-34 child may not be held in isolation or in a jail or juvenile
152-35 detention facility.
152-36 Sec. 262.109. NOTICE TO PARENT, CONSERVATOR, OR GUARDIAN.
152-37 (a) The department or other agency must give written notice as
152-38 prescribed by this section to the child's parent, conservator, or
152-39 legal guardian when a representative of the Department of
152-40 Protective and Regulatory Services or other agency takes possession
152-41 of a child under this chapter.
152-42 (b) The written notice must be given as soon as practicable,
152-43 but in any event not later than the first working day after the
152-44 date the child is taken into possession.
152-45 (c) The written notice must include:
152-46 (1) the reasons why the department or agency is taking
152-47 possession of the child and the facts that led the department to
152-48 believe that the child should be taken into custody;
152-49 (2) the name of the person at the department or agency
152-50 that the parent, conservator, or other custodian may contact for
152-51 information relating to the child or a legal proceeding relating to
152-52 the child;
152-53 (3) a summary of legal rights of a parent,
152-54 conservator, guardian, or other custodian under this chapter and an
152-55 explanation of the probable legal procedures relating to the child;
152-56 and
152-57 (4) a statement that the parent, conservator, or other
152-58 custodian has the right to hire an attorney.
152-59 (d) The written notice may be waived by the court at the
152-60 initial hearing on a showing that the parents, conservators, or
152-61 other custodians of the child could not be located.
152-62 Sec. 262.110. TAKING POSSESSION OF CHILD IN EMERGENCY WITH
152-63 INTENT TO RETURN HOME. An authorized representative of the
152-64 Department of Protective and Regulatory Services, a law enforcement
152-65 officer, or a juvenile probation officer may take temporary
152-66 possession of a child without a court order on discovery of a child
152-67 in a situation of danger to the child's physical health or safety
152-68 when the sole purpose is to deliver the child without unnecessary
152-69 delay to the parent, managing conservator, possessory conservator,
152-70 guardian, caretaker, or custodian who is presently entitled to
153-1 possession of the child.
153-2 (Sections 262.111-262.200 reserved for expansion)
153-3 SUBCHAPTER C. ADVERSARY HEARING
153-4 Sec. 262.201. FULL ADVERSARY HEARING. (a) Unless the child
153-5 has already been returned to the parent, managing conservator,
153-6 possessory conservator, guardian, caretaker, or custodian entitled
153-7 to possession and the temporary order, if any, has been dissolved,
153-8 a full adversary hearing shall be held not later than the 14th day
153-9 after the date the child was taken into possession by the
153-10 governmental entity.
153-11 (b) At the conclusion of the full adversary hearing, the
153-12 court shall order the return of the child to the parent, managing
153-13 conservator, possessory conservator, guardian, caretaker, or
153-14 custodian entitled to possession unless the court finds sufficient
153-15 evidence to satisfy a person of ordinary prudence and caution that:
153-16 (1) there was a danger to the physical health or
153-17 safety of the child which was caused by an act or failure to act of
153-18 the person entitled to possession; and
153-19 (2) there is a reasonable probability of a continuing
153-20 danger if the child is returned home.
153-21 (c) If the court finds sufficient evidence to satisfy a
153-22 person of ordinary prudence and caution that there is a continuing
153-23 danger to the physical health or safety of the child, the court
153-24 shall issue an appropriate temporary order under Chapter 105.
153-25 (d) In determining whether there is a continuing danger to
153-26 the physical health or safety of the child, the court may consider
153-27 whether the person to whom the child would be returned has abused
153-28 or neglected another child in a manner that caused serious injury
153-29 to or the death of the other child.
153-30 Sec. 262.202. IDENTIFICATION OF COURT OF CONTINUING,
153-31 EXCLUSIVE JURISDICTION. If at the conclusion of the full adversary
153-32 hearing the court renders a temporary order, the governmental
153-33 entity shall request identification of a court of continuing,
153-34 exclusive jurisdiction as provided by Chapter 155.
153-35 Sec. 262.203. TRANSFER OF SUIT. On the motion of a party or
153-36 the court's own motion, if applicable, the court that rendered the
153-37 temporary order shall transfer the suit in accordance with
153-38 procedures provided by Chapter 155:
153-39 (1) to the court of continuing, exclusive
153-40 jurisdiction, if any; or
153-41 (2) if there is no court of continuing jurisdiction,
153-42 to the court having venue of the suit affecting the parent-child
153-43 relationship under Chapter 103.
153-44 Sec. 262.204. TEMPORARY ORDER IN EFFECT UNTIL SUPERSEDED.
153-45 (a) A temporary order rendered under this chapter is valid and
153-46 enforceable until properly superseded by a court with jurisdiction
153-47 to do so.
153-48 (b) A court to which the suit has been transferred may
153-49 enforce by contempt or otherwise a temporary order properly issued
153-50 under this chapter.
153-51 CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER
153-52 CARE OF DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES
153-53 SUBCHAPTER A. GENERAL PROVISIONS
153-54 Sec. 263.001. Definitions. (a) In this chapter:
153-55 (1) "Department" means the Department of Protective
153-56 and Regulatory Services.
153-57 (2) "Child's home" means the place of residence of the
153-58 child's parents.
153-59 (b) In the preparation and review of a service plan under
153-60 this chapter, a reference to the parents of the child includes both
153-61 parents of the child unless the child has only one parent or
153-62 unless, after due diligence by the department in attempting to
153-63 locate a parent, only one parent is located, in which case the
153-64 reference is to the remaining parent.
153-65 Sec. 263.002. Review of Placements by Court. In a suit
153-66 affecting the parent-child relationship in which the department or
153-67 an authorized agency has been appointed by the court or designated
153-68 in an affidavit of relinquishment of parental rights as the
153-69 temporary or permanent managing conservator of a child, the court
153-70 shall hold a hearing to review the conservatorship appointment and
154-1 the department's or authorized agency's placement of the child in
154-2 foster home care, group home care, or institutional care.
154-3 Sec. 263.003. Voluntary Placements: Suit. (a) A parent,
154-4 managing conservator, or guardian of a child and the department may
154-5 voluntarily agree to the surrender of the custody, care, or control
154-6 of a child.
154-7 (b) Not later than 60 days after taking possession of or
154-8 exercising control of the child, the department shall file a suit
154-9 affecting the parent-child relationship under Chapter 155 in the
154-10 court of continuing jurisdiction, if any, or in the court with
154-11 proper venue under Chapter 103.
154-12 (c) The department shall request a review of the placement
154-13 of the child in foster home care, group home care, or institutional
154-14 care, and its petition shall state that the purpose of the suit is
154-15 to initiate periodic review of the necessity and propriety of the
154-16 child's placement under this chapter.
154-17 (d) A copy of the agreement between the department and the
154-18 parent, managing conservator, or guardian of the child shall be
154-19 filed with the petition.
154-20 Sec. 263.004. When Child is at Home. (a) If the department
154-21 or authorized agency returns a child to a parent for custody, care,
154-22 or control, the department or authorized agency shall notify the
154-23 court having continuing jurisdiction of the suit of the
154-24 department's action and, so long as the child remains under the
154-25 custody, care, or control of the parent, no review of that
154-26 placement is required under this chapter.
154-27 (b) If a child has been returned to a parent and the
154-28 department or authorized agency resumes the custody, care, or
154-29 control of the child or designates a person other than a parent to
154-30 have the custody, care, or control of the child, the department or
154-31 authorized agency shall notify the court of its action.
154-32 (c) If the department or authorized agency resumes the
154-33 custody, care, or control of a child or designates a person other
154-34 than a parent to have the custody, care, or control of the child
154-35 within three months after returning the child to a parent, the
154-36 period that the child was under the custody, care, or control of
154-37 his or her parent may not be considered in determining the date for
154-38 the next placement review hearing.
154-39 (Sections 263.005-263.100 reserved for expansion)
154-40 SUBCHAPTER B. SERVICE PLAN
154-41 Sec. 263.101. Department to File Service Plan. Not later
154-42 than the 45th day after the date of the conclusion of a full
154-43 adversary hearing under Chapter 262, the department or other agency
154-44 appointed as the managing conservator of a child shall file a
154-45 service plan.
154-46 Sec. 263.102. SERVICE PLAN; CONTENTS. (a) The service plan
154-47 must:
154-48 (1) be specific;
154-49 (2) be in writing;
154-50 (3) be prepared by the department or other agency in
154-51 conference with the child's parents;
154-52 (4) state appropriate deadlines;
154-53 (5) state whether the goal of the plan is:
154-54 (A) return of the child to the child's parents;
154-55 (B) termination of parental rights and placement
154-56 of the child for adoption; or
154-57 (C) because of the child's special needs or
154-58 exceptional circumstances, continuation of the child's care out of
154-59 the child's home;
154-60 (6) state steps that are necessary to:
154-61 (A) return the child to the child's home if the
154-62 placement is in foster care;
154-63 (B) enable the child to remain in the child's
154-64 home with the assistance of a service plan if the placement is in
154-65 the home under the department's or other agency's supervision; or
154-66 (C) otherwise provide a permanent safe placement
154-67 for the child;
154-68 (7) state the actions and responsibilities that are
154-69 necessary for the child's parents to take to achieve the plan goal
154-70 during the period of the service plan and the assistance to be
155-1 provided to the parents by the department or other authorized
155-2 agency toward meeting that goal;
155-3 (8) state the name of the person with the department
155-4 or other agency whom the child's parents may contact for
155-5 information relating to the child if other than the person
155-6 preparing the plan; and
155-7 (9) prescribe any other term or condition that the
155-8 department or other agency determines to be necessary to the
155-9 service plan's success.
155-10 (b) The service plan shall include the following statement:
155-11 TO THE PARENT: THIS IS A VERY IMPORTANT DOCUMENT. ITS
155-12 PURPOSE IS TO HELP YOU PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT
155-13 WITHIN THE REASONABLE PERIOD SPECIFIED IN THE PLAN. IF YOU ARE
155-14 UNWILLING OR UNABLE TO PROVIDE YOUR CHILD WITH A SAFE ENVIRONMENT,
155-15 YOUR PARENTAL AND CUSTODIAL DUTIES AND RIGHTS MAY BE RESTRICTED OR
155-16 TERMINATED OR YOUR CHILD MAY NOT BE RETURNED TO YOU. THERE WILL BE
155-17 A COURT HEARING AT WHICH A JUDGE WILL REVIEW THIS SERVICE PLAN.
155-18 (c) If both parents are available but do not live in the
155-19 same household and do not agree to cooperate with one another in
155-20 the development of a service plan for the child, the department in
155-21 preparing the service plan may provide for the care of the child in
155-22 the home of either parent or the homes of both parents as the best
155-23 interest of the child requires.
155-24 Sec. 263.103. Service Plan: Signing and Taking Effect.
155-25 (a) Before the service plan is signed, the child's parents and the
155-26 representative of the department or other agency shall discuss each
155-27 term and condition of the plan.
155-28 (b) The child's parents and the person preparing the service
155-29 plan shall sign the plan, and the department shall give each parent
155-30 a copy of the service plan.
155-31 (c) If the department or other authorized agency determines
155-32 that the child's parents are unable or unwilling to sign the
155-33 service plan, the department may file the plan without the parents'
155-34 signatures.
155-35 (d) The plan takes effect when:
155-36 (1) the child's parents and the appropriate
155-37 representative of the department or other authorized agency sign
155-38 the plan; or
155-39 (2) the department or other authorized agency files
155-40 the plan without the parents' signatures.
155-41 (e) The service plan is in effect until amended by the
155-42 court.
155-43 Sec. 263.104. Amended Service Plan. (a) The service plan
155-44 may be amended at any time.
155-45 (b) The amended service plan supersedes the previously filed
155-46 service plan and takes effect when:
155-47 (1) the child's parents and the appropriate
155-48 representative of the department or other authorized agency sign
155-49 the plan; or
155-50 (2) the department or other authorized agency
155-51 determines that the child's parents are unable or unwilling to sign
155-52 the amended plan and files it without the parents' signatures.
155-53 (c) The amended service plan remains in effect until amended
155-54 by the court.
155-55 Sec. 263.105. Review of Service Plan. (a) The service plan
155-56 currently in effect shall be filed with the court along with the
155-57 next required status report.
155-58 (b) The court shall review the plan at the next required
155-59 hearing under this chapter after the plan is filed.
155-60 Sec. 263.106. COURT IMPLEMENTATION OF SERVICE PLAN. The
155-61 court may render appropriate orders to implement or require
155-62 compliance with an original or amended service plan.
155-63 (Sections 263.107-263.200 reserved for expansion)
155-64 SUBCHAPTER C. STATUS HEARING
155-65 Sec. 263.201. Status Hearing; Time. Not later than the 60th
155-66 day after the date of a full adversary hearing under Chapter 262,
155-67 the court shall hold a status hearing.
155-68 Sec. 263.202. STATUS HEARING; FINDINGS. (a) If all parties
155-69 entitled to citation and notice under this chapter were not
155-70 served, the court shall make findings as to whether:
156-1 (1) the department or other agency has exercised due
156-2 diligence to locate all necessary persons; and
156-3 (2) if only one parent is before the court, that
156-4 parent has furnished to the department all available information
156-5 necessary to locate an absent parent through the parental locator
156-6 service.
156-7 (b) The court shall review the service plan that the
156-8 department or other agency filed under this chapter for
156-9 reasonableness, accuracy, and compliance with requirements of court
156-10 orders and make findings as to whether:
156-11 (1) a plan that has the goal of returning the child to
156-12 the child's parents adequately ensures that reasonable efforts are
156-13 made to enable the child's parents to provide a safe environment
156-14 for the child; and
156-15 (2) the child's parents have reviewed and understand
156-16 the service plan and have been advised that unless the parents are
156-17 willing and able to provide the child with a safe environment, even
156-18 with the assistance of a service plan, within the reasonable period
156-19 of time specified in the plan, the parents' parental and custodial
156-20 duties and rights may be subject to restriction or to termination
156-21 under this code or the child may not be returned to the parents.
156-22 (c) The court shall advise the parties that progress under
156-23 the service plan will be reviewed at all subsequent hearings.
156-24 (Sections 263.203-263.300 reserved for expansion)
156-25 SUBCHAPTER D. REVIEW HEARINGS
156-26 Sec. 263.301. NOTICE. (a) Notice of a review hearing shall
156-27 be given as provided by Rule 21a, Texas Rules of Civil Procedure,
156-28 to all persons entitled to notice of the hearing.
156-29 (b) The following persons are entitled to at least 10 days'
156-30 notice of a hearing to review a child's placement and are entitled
156-31 to present evidence and be heard at the hearing:
156-32 (1) the department;
156-33 (2) the foster parent or director of the group home or
156-34 institution where the child is residing;
156-35 (3) each parent of the child;
156-36 (4) the managing conservator or guardian of the child;
156-37 and
156-38 (5) any other person or agency named by the court to
156-39 have an interest in the child's welfare.
156-40 (c) If a person entitled to notice under Chapter 102 or this
156-41 section has not been served, the court shall review the
156-42 department's or other agency's efforts at attempting to locate all
156-43 necessary persons and requesting service of citation and the
156-44 assistance of a parent in providing information necessary to locate
156-45 an absent parent.
156-46 Sec. 263.302. Child's Attendance at Hearing. The court may
156-47 dispense with the attendance of the child at a placement review
156-48 hearing.
156-49 Sec. 263.303. STATUS REPORT. (a) Not later than the 10th
156-50 day before the date set for each review hearing, the department or
156-51 other authorized agency shall file with the court a status report
156-52 unless the court orders a different period or orders that a report
156-53 is not required for a specific hearing.
156-54 (b) The status report must:
156-55 (1) evaluate all relevant information concerning each
156-56 of the guidelines under this chapter and the parties' compliance
156-57 with the service plan; and
156-58 (2) recommend one of the following actions:
156-59 (A) that the child be returned to the child's
156-60 home and that the suit be dismissed;
156-61 (B) that the child be returned to the child's
156-62 home with the department or other agency retaining conservatorship;
156-63 (C) that the child remain in foster care for a
156-64 specified period and that the child's parents continue to work
156-65 toward providing the child with a safe environment;
156-66 (D) that the child remain in foster care for a
156-67 specified period and that termination of parental rights be sought
156-68 under this code;
156-69 (E) that a child who has resided in foster care
156-70 for at least 18 months be placed or remain in permanent or
157-1 long-term foster care because of the child's special needs or
157-2 circumstances; or
157-3 (F) that other plans be made or other services
157-4 provided in accordance with the child's special needs or
157-5 circumstances.
157-6 (c) A parent whose parental rights are the subject of a suit
157-7 affecting the parent-child relationship, the attorney for that
157-8 parent, or the child's attorney ad litem or guardian ad litem may
157-9 file a response to the department's or other agency's report filed
157-10 under Subsection (b). A response must be filed not later than the
157-11 third day before the date of the hearing.
157-12 Sec. 263.304. INITIAL REVIEW HEARING; TIME. Not later than
157-13 the 180th day after the date of the conclusion of the full
157-14 adversary hearing under Chapter 262, the court shall hold a review
157-15 hearing.
157-16 Sec. 263.305. SUBSEQUENT REVIEW HEARINGS. Subsequent review
157-17 hearings shall be held not earlier than 5-1/2 months and not later
157-18 than seven months after the date of the last hearing in the suit
157-19 unless, for good cause shown by a party, an earlier hearing is
157-20 approved by the court.
157-21 Sec. 263.306. Review Hearings: Procedure. At each review
157-22 hearing the court shall:
157-23 (1) identify all persons or parties present at the
157-24 hearing or those given notice but failing to appear;
157-25 (2) consider all relevant information pertaining to
157-26 the factors under this chapter to determine whether the child's
157-27 parents are willing and able to provide the child with a safe
157-28 environment;
157-29 (3) determine the extent to which the child's parents
157-30 have taken the necessary actions or responsibilities toward
157-31 achieving the plan goal during the period of the service plan and
157-32 the extent to which the department or other authorized agency has
157-33 provided assistance to the parents as provided in the service plan;
157-34 (4) determine whether the child's parents are willing
157-35 and able to provide the child with a safe environment without the
157-36 assistance of a service plan and, if so, return the child to the
157-37 parents;
157-38 (5) determine whether the child's parents are willing
157-39 and able to provide the child with a safe environment with the
157-40 assistance of a service plan and, if so, return the child or
157-41 continue the placement of the child in the child's home under the
157-42 department's or other agency's supervision;
157-43 (6) determine whether the child's parents are
157-44 presently unwilling or unable to provide the child with a safe
157-45 environment, even with the assistance of a service plan, and, if
157-46 so, order the child to remain under the department's or other
157-47 agency's managing conservatorship for a period of time specified by
157-48 the court;
157-49 (7) determine whether a long-term foster care
157-50 placement is in the child's best interest because of the child's
157-51 special needs or circumstances and, if so, begin a long-term foster
157-52 care placement;
157-53 (8) determine whether a child is 16 years of age or
157-54 older and, if so, order the services that are needed to assist the
157-55 child in making the transition from foster care to independent
157-56 living if the services are available in the community;
157-57 (9) determine whether the child has been placed with
157-58 the department under a voluntary placement agreement and, if so,
157-59 order that the department will institute further proceedings or
157-60 return the child to the parents;
157-61 (10) determine whether the department or authorized
157-62 agency has custody, care, and control of the child under an
157-63 affidavit of relinquishment of parental rights naming the
157-64 department managing conservator and, if so, direct the department
157-65 or authorized agency to institute further proceedings; and
157-66 (11) determine whether parental rights to the child
157-67 have been terminated and, if so, determine whether the department
157-68 or authorized agency will attempt to place the child for adoption.
157-69 Sec. 263.307. Factors in Determining Best Interest of Child.
157-70 (a) In considering the factors established by this section, the
158-1 prompt and permanent placement of the child in a safe environment
158-2 is presumed to be in the child's best interest.
158-3 (b) The following factors should be considered by the court,
158-4 the department, and other authorized agencies in determining
158-5 whether the child's parents are willing and able to provide the
158-6 child with a safe environment:
158-7 (1) the child's age and physical and mental
158-8 vulnerabilities;
158-9 (2) the frequency and nature of out-of-home
158-10 placements;
158-11 (3) the magnitude, frequency, and circumstances of the
158-12 harm to the child;
158-13 (4) whether the child has been the victim of repeated
158-14 harm after the initial report and intervention by the department or
158-15 other agency;
158-16 (5) whether the child is fearful of living in or
158-17 returning to the child's home;
158-18 (6) the results of psychiatric, psychological, or
158-19 developmental evaluations of the child, the child's parents, other
158-20 family members, or others who have access to the child's home;
158-21 (7) whether there is a history of abusive or
158-22 assaultive conduct by the child's family or others who have access
158-23 to the child's home;
158-24 (8) whether there is a history of substance abuse by
158-25 the child's family or others who have access to the child's home;
158-26 (9) whether the perpetrator of the harm to the child
158-27 is identified;
158-28 (10) the willingness and ability of the child's family
158-29 to seek out, accept, and complete counseling services and to
158-30 cooperate with and facilitate an appropriate agency's close
158-31 supervision;
158-32 (11) the willingness and ability of the child's family
158-33 to effect positive environmental and personal changes within a
158-34 reasonable period of time;
158-35 (12) whether the child's family demonstrates adequate
158-36 parenting skills, including providing the child and other children
158-37 under the family's care with:
158-38 (A) minimally adequate health and nutritional
158-39 care;
158-40 (B) care, nurturance, and appropriate discipline
158-41 consistent with the child's physical and psychological development;
158-42 (C) guidance and supervision consistent with the
158-43 child's safety;
158-44 (D) a safe physical home environment;
158-45 (E) protection from repeated exposure to
158-46 violence even though the violence may not be directed at the child;
158-47 and
158-48 (F) an understanding of the child's needs and
158-49 capabilities; and
158-50 (13) whether an adequate social support system
158-51 consisting of an extended family and friends is available to the
158-52 child.
158-53 (c) In the case of a child 16 years of age or older, the
158-54 following guidelines should be considered by the court in
158-55 determining whether to adopt the permanency plan submitted by the
158-56 department:
158-57 (1) whether the permanency plan submitted to the court
158-58 includes the services planned for the child to make the transition
158-59 from foster care to independent living; and
158-60 (2) whether this transition is in the best interest of
158-61 the child.
158-62 Sec. 263.308. PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
158-63 (a) In a case in which the court determines that an order for the
158-64 child to remain in the managing conservatorship of the department
158-65 or other agency is appropriate, the court shall make a finding that
158-66 the child's parents understand that unless the parents are willing
158-67 and able to provide the child with a safe environment, even with
158-68 the assistance of a service plan, the parents' parental and
158-69 custodial duties and rights may be subject to restriction or to
158-70 termination under this code.
159-1 (b) In the case of a child residing in foster care for at
159-2 least 18 months, the court shall determine the appropriateness of
159-3 the target date by which the child may return home. The court may
159-4 also enter further orders that are appropriate.
159-5 Sec. 263.309. Review After Termination or Relinquishment of
159-6 Parental Rights. If the parental rights to a child have been
159-7 terminated and the child is eligible for adoption or the department
159-8 or authorized agency has custody, care, and control of a child
159-9 under an affidavit of relinquishment of parental rights naming the
159-10 department or authorized agency as managing conservator, the court
159-11 shall review the department's or authorized agency's efforts to
159-12 place the child for adoption at least once every six months.
159-13 CHAPTER 264. CHILD WELFARE SERVICES
159-14 SUBCHAPTER A. GENERAL PROVISIONS
159-15 Sec. 264.001. Definition. In this chapter, "department"
159-16 means the Department of Protective and Regulatory Services.
159-17 Sec. 264.002. Duties of Department. (a) The department
159-18 shall:
159-19 (1) promote the enforcement of all laws for the
159-20 protection of abused and neglected children; and
159-21 (2) take the initiative in all matters involving the
159-22 interests of children where adequate provision has not already been
159-23 made.
159-24 (b) The department shall give special attention to the
159-25 dissemination of information through bulletins and visits, where
159-26 practical, to all agencies operating under a provision of law
159-27 affecting the welfare of children.
159-28 (c) Through the county child welfare boards, the department
159-29 shall work in conjunction with the commissioners courts, juvenile
159-30 boards, and all other officers and agencies involved in the
159-31 protection of children. The department may use and allot funds for
159-32 the establishment and maintenance of homes, schools, and
159-33 institutions for the care, protection, education, and training of
159-34 children in conjunction with a juvenile board, a county or city
159-35 board, or any other agency.
159-36 (d) The department shall visit and study the conditions in
159-37 state-supported eleemosynary institutions for children and shall
159-38 make actions for the management and operation of the institutions
159-39 that ensure that the children receive the best possible training in
159-40 contemplation of their earliest discharge from the institutions.
159-41 (e) The department may not spend state funds to accomplish
159-42 the purposes of this chapter unless the funds have been
159-43 specifically appropriated for those purposes.
159-44 Sec. 264.003. Memorandum of Understanding on Services for
159-45 Multiproblem Children and Youth. (a) The Department of Protective
159-46 and Regulatory Services, the Texas Department of Mental Health and
159-47 Mental Retardation, the Texas Department of Health, the Texas Youth
159-48 Commission, the Texas Juvenile Probation Commission, the Texas
159-49 Rehabilitation Commission, the Texas Commission for the Blind, and
159-50 the Central Education Agency shall adopt a joint memorandum of
159-51 understanding to implement a system of local level interagency
159-52 staffing groups to coordinate services for multiproblem children
159-53 and youth.
159-54 (b) The memorandum must:
159-55 (1) clarify the financial and statutory
159-56 responsibilities of each agency in relation to multiproblem
159-57 children and youth, including subcategories of funding for
159-58 different services such as prevention, family preservation and
159-59 strengthening, emergency shelter, diagnosis and evaluation,
159-60 residential care, after-care, information and referral, and
159-61 investigation services;
159-62 (2) include a functional definition of "multiproblem
159-63 children and youth";
159-64 (3) define procedures for interagency cost sharing;
159-65 (4) define procedures aimed at eliminating duplication
159-66 of services relating to assessment and diagnosis, treatment,
159-67 residential placement and care, and case management of multiproblem
159-68 children and youth;
159-69 (5) define procedures for addressing disputes between
159-70 the agencies that relate to the agencies' areas of service
160-1 responsibilities;
160-2 (6) provide that each local level interagency staffing
160-3 group will include a local representative of the department and
160-4 each agency and not more than five representatives of local private
160-5 sector youth agencies;
160-6 (7) provide that if an agency is not able to provide
160-7 all the services a child requires, the agency may submit the
160-8 child's case history to the local level interagency staffing group
160-9 for consideration;
160-10 (8) provide that a local level interagency staffing
160-11 group may be called together by a representative of any member
160-12 agency;
160-13 (9) provide that an agency may be excused from
160-14 attending a meeting if the staffing group determines that the age
160-15 or needs of the children or youth to be considered are clearly not
160-16 within the agency's service responsibilities;
160-17 (10) provide that records that are used or developed
160-18 by the department and other agencies and that relate to a
160-19 particular child are confidential and may not be released to any
160-20 other person or agency except as provided in this section or by
160-21 other law; and
160-22 (11) provide a procedure that permits the department
160-23 and other agencies to share confidential information while
160-24 preserving the confidential nature of the information.
160-25 (c) The agencies that participate in the formulation of the
160-26 memorandum of understanding shall consult with and solicit input
160-27 from advocacy and consumer groups.
160-28 (d) Not later than the last month of each state fiscal year,
160-29 the department and the other agencies listed in this section shall
160-30 review and update the memorandum.
160-31 (e) Each agency by rule shall adopt the memorandum of
160-32 understanding and all revisions to the memorandum.
160-33 Sec. 264.004. Allocation of State Funds. (a) The
160-34 department shall establish a method of allocating state funds for
160-35 children's protective services programs that encourages and rewards
160-36 the contribution of funds or services from all persons, including
160-37 local governmental entities.
160-38 (b) Except as provided by this subsection, if a contribution
160-39 of funds or services is made to support a children's protective
160-40 services program in a particular county, the department shall use
160-41 the contribution to benefit that program. The department may use
160-42 the contribution for another purpose only if the commissioners
160-43 court of the county gives the department written permission.
160-44 Sec. 264.005. County Child Welfare Boards. (a) The
160-45 commissioners court of a county may appoint a child welfare board
160-46 for the county. The commissioners court and the department shall
160-47 determine the size of the board and the qualifications of its
160-48 members. However, a board must have not less than seven and not
160-49 more than 15 members, and the members must be residents of the
160-50 county. The members shall serve at the pleasure of the
160-51 commissioners court and may be removed by the court for just cause.
160-52 The members serve without compensation.
160-53 (b) With the approval of the department, two or more
160-54 counties may establish a joint child welfare board if that action
160-55 is found to be more practical in accomplishing the purposes of this
160-56 chapter. A board representing more than one county has the same
160-57 powers as a board representing a single county and is subject to
160-58 the same conditions and liabilities.
160-59 (c) The members of a county child welfare board shall select
160-60 a presiding officer and shall perform the duties required by the
160-61 commissioners court and the department to accomplish the purposes
160-62 of this chapter.
160-63 (d) A county child welfare board is an entity of the
160-64 department for purposes of providing coordinated state and local
160-65 public welfare services for children and their families and for the
160-66 coordinated use of federal, state, and local funds for these
160-67 services. The child welfare board shall work with the
160-68 commissioners court.
160-69 (e) A county child welfare board is a governmental unit for
160-70 the purposes of Chapter 101, Civil Practice and Remedies Code.
161-1 Sec. 264.006. County Funds. The commissioners court of a
161-2 county may appropriate funds from its general fund or any other
161-3 fund for the administration of its county child welfare board. The
161-4 court may provide for services to and support of children in need
161-5 of protection and care.
161-6 Sec. 264.007. Cooperation With Department of Health and
161-7 Human Services. The department is the state agency designated to
161-8 cooperate with the United States Department of Health and Human
161-9 Services in:
161-10 (1) establishing, extending, and strengthening public
161-11 welfare services for the protection and care of abused or neglected
161-12 children;
161-13 (2) developing state services for the encouragement
161-14 and assistance of adequate methods of community child welfare
161-15 organizations and paying part of the cost of district, county, or
161-16 other local child welfare services in rural areas and in other
161-17 areas of special need; and
161-18 (3) developing necessary plans to implement the
161-19 services contemplated in this section and to comply with the rules
161-20 of the United States Department of Health and Human Services under
161-21 the federal Social Security Act (42 U.S.C. Section 651 et seq.).
161-22 Sec. 264.008. Child Welfare Service Fund. The child welfare
161-23 service fund is a special fund in the state treasury. The fund
161-24 shall be used to administer the child welfare services provided by
161-25 the department.
161-26 Sec. 264.009. Legal Representation of Department in Trial
161-27 Court. In any suit brought under this title in which the
161-28 department requests to be named conservator of a child, the
161-29 department shall be represented in the trial court by the:
161-30 (1) prosecuting attorney who represents the state in
161-31 criminal cases in the district or county court of the county where
161-32 the suit is filed or transferred; or
161-33 (2) attorney general.
161-34 (Sections 264.010-264.100 reserved for expansion)
161-35 SUBCHAPTER B. FOSTER CARE
161-36 Sec. 264.101. Foster Care Payments. (a) The department may
161-37 pay the cost of protective foster care for a child:
161-38 (1) for whom the department has initiated a suit and
161-39 has been named managing conservator under an order rendered under
161-40 this title; and
161-41 (2) who is ineligible for foster care payments under
161-42 the aid to families with dependent children program of the Texas
161-43 Department of Human Services.
161-44 (b) The department may not pay the cost of protective foster
161-45 care for a child for whom the department has been named managing
161-46 conservator under an order rendered solely under Section 161.001.
161-47 (c) The total amount of payments for protective foster care,
161-48 including medical care, must be equal to the total amount of
161-49 payments made for similar care for a child eligible for the aid to
161-50 families with dependent children program of the Texas Department of
161-51 Human Services.
161-52 Sec. 264.102. County Contracts. (a) The department may
161-53 contract with a county commissioners court to administer the funds
161-54 authorized by this subchapter for eligible children in the county
161-55 and may require county participation.
161-56 (b) The payments provided by this subchapter do not abrogate
161-57 the responsibility of a county to provide child welfare services.
161-58 Sec. 264.103. Direct Payments. The department may make
161-59 direct payments for foster care to a foster parent residing in a
161-60 county with which the department does not have a contract
161-61 authorized by Section 264.102.
161-62 Sec. 264.104. Parent or Guardian Liability. (a) The parent
161-63 or guardian of a child is liable to the state or to the county for
161-64 a payment made by the state or county for foster care of a child
161-65 under this subchapter.
161-66 (b) The funds collected by the state under this section
161-67 shall be used by the department for child welfare services.
161-68 Sec. 264.105. Medical Services Limitation. The department
161-69 may not provide the medical care payments authorized by Section
161-70 264.101(c) if:
162-1 (1) a federal law or regulation prohibits those
162-2 medical payments unless medical payments are also provided for
162-3 medically needy children who are not eligible for the aid to
162-4 families with dependent children program of the Texas Department of
162-5 Human Services and for whom the department is not named managing
162-6 conservator; or
162-7 (2) the federal government does not fund at least 50
162-8 percent of the cost of the medical payments authorized by this
162-9 subchapter.
162-10 Sec. 264.106. Contract Residential Care. (a) The
162-11 department shall make reasonable efforts to ensure that the
162-12 expenditure of appropriated funds to purchase contract residential
162-13 care for children is allocated to providers on a fixed monthly
162-14 basis if:
162-15 (1) the allocation is cost-effective; and
162-16 (2) the number, type, needs, and conditions of the
162-17 children served are reasonably constant.
162-18 (b) This section does not apply to the purchase of care in a
162-19 foster family home.
162-20 Sec. 264.107. Placement of Children. (a) The department
162-21 shall use a system for the placement of children in contract
162-22 residential care, including foster care, that conforms to the
162-23 levels of care adopted and maintained by the Health and Human
162-24 Services Commission.
162-25 (b) The department shall use the standard application for
162-26 the placement of children in contract residential care as adopted
162-27 and maintained by the Health and Human Services Commission.
162-28 Sec. 264.108. Race or Ethnicity. The department may not
162-29 prohibit or delay the placement of a child in foster care or remove
162-30 a child from foster care or otherwise discriminate on the basis of
162-31 race or ethnicity of the child or the foster family.
162-32 (Sections 264.109-264.200 reserved for expansion)
162-33 SUBCHAPTER C. CHILD AND FAMILY SERVICES
162-34 Sec. 264.201. Services by Department. (a) When the
162-35 department provides services directly or by contract to an abused
162-36 or neglected child and the child's family, the services shall be
162-37 designed to:
162-38 (1) prevent further abuse;
162-39 (2) alleviate the effects of the abuse suffered;
162-40 (3) prevent removal of the child from the home; and
162-41 (4) provide reunification services when appropriate
162-42 for the return of the child to the home.
162-43 (b) The department shall emphasize ameliorative services for
162-44 sexually abused children.
162-45 (c) The department shall provide or contract for necessary
162-46 services to an abused or neglected child and the child's family
162-47 without regard to whether the child remains in or is removed from
162-48 the family home. If parental rights have been terminated, services
162-49 may be provided only to the child.
162-50 (d) The services may include in-home programs, parenting
162-51 skills training, youth coping skills, and individual and family
162-52 counseling.
162-53 Sec. 264.202. Standards and Effectiveness. (a) The
162-54 department, with assistance from national organizations with
162-55 expertise in child protective services, shall define a minimal
162-56 baseline of in-home and foster care services for abused or
162-57 neglected children that meets the professionally recognized
162-58 standards for those services. The department shall attempt to
162-59 provide services at a standard not lower than the minimal baseline
162-60 standard.
162-61 (b) The department, with assistance from national
162-62 organizations with expertise in child protective services, shall
162-63 develop outcome measures to track and monitor the effectiveness of
162-64 in-home and foster care services.
162-65 Sec. 264.203. Required Participation. (a) Except as
162-66 provided by Subsection (d), the court on request of the department
162-67 may order the parent, managing conservator, guardian, or other
162-68 member of the abused or neglected child's household to participate
162-69 in the services the department provides or purchases for
162-70 alleviating the effects of the abuse or neglect and to permit the
163-1 child and any siblings of the child to receive the services.
163-2 (b) The department may request the court to order the
163-3 parent, managing conservator, guardian, or other member of the
163-4 child's household to participate in the services whether the child
163-5 resides in the home or has been removed from the home.
163-6 (c) If the person ordered to participate in the services
163-7 fails to follow the court's order, the court may impose community
163-8 service as a sanction for contempt.
163-9 (d) If the court does not order the person to participate,
163-10 the court in writing shall specify the reasons for not ordering
163-11 participation.
163-12 Sec. 264.204. Services for Young Children. (a) This
163-13 section applies to a child who is seven years of age or older and
163-14 under 10 years of age.
163-15 (b) The department shall provide, directly or by contract,
163-16 services for a child and the child's family if the child is
163-17 referred to the department by a law enforcement agency for engaging
163-18 in delinquent conduct or conduct indicating a need for supervision
163-19 under Title 3. The services may include in-home programs,
163-20 parenting skills training, youth coping skills, and individual and
163-21 family counseling.
163-22 (c) Except as provided by Subsection (d), on request of the
163-23 department a court may require the parent, managing conservator,
163-24 guardian, or other member of the child's household to participate
163-25 in the services provided by the department and to allow the child
163-26 and any siblings of the child to participate. If a parent,
163-27 managing conservator, guardian, or other member of the child's
163-28 household fails to follow the court's order, the court may impose
163-29 community service as a sanction for contempt.
163-30 (d) If the court does not order the person to participate in
163-31 services provided by the department, the court in writing shall
163-32 specify the reasons for not ordering participation.
163-33 (Sections 264.205-264.300 reserved for expansion)
163-34 SUBCHAPTER D. SERVICES TO AT-RISK YOUTH
163-35 Sec. 264.301. Services for Runaway and At-Risk Youth.
163-36 (a) The department shall operate a program to provide services for
163-37 runaway and other children in at-risk situations and for the
163-38 families of those children.
163-39 (b) The services under this section may include:
163-40 (1) crisis family intervention;
163-41 (2) emergency short-term residential care;
163-42 (3) family counseling;
163-43 (4) parenting skills training; and
163-44 (5) youth coping skills training.
163-45 (Sections 264.302-264.400 reserved for expansion)
163-46 (SUBCHAPTER E reserved for expansion)
163-47 (Sections 264.401-264.500 reserved for expansion)
163-48 (SUBCHAPTER F reserved for expansion)
163-49 (Sections 264.501-264.600 reserved for expansion)
163-50 SUBCHAPTER G. COURT-APPOINTED VOLUNTEER ADVOCATE PROGRAMS
163-51 Sec. 264.601. Definitions. In this subchapter:
163-52 (1) "Abused or neglected child" means a child who is:
163-53 (A) the subject of a suit affecting the
163-54 parent-child relationship filed by a governmental entity; and
163-55 (B) under the control or supervision of the
163-56 department.
163-57 (2) "Volunteer advocate program" means a
163-58 volunteer-based, nonprofit program that provides advocacy services
163-59 to abused or neglected children with the goal of obtaining a
163-60 permanent placement for a child that is in the child's best
163-61 interest.
163-62 Sec. 264.602. Contracts With Advocate Programs. (a) The
163-63 attorney general shall contract for services with each eligible
163-64 volunteer advocate program to expand the existing services of the
163-65 program.
163-66 (b) The contract under this section may not result in
163-67 reducing the financial support a volunteer advocate program
163-68 receives from another source.
163-69 (c) The attorney general shall develop a scale of state
163-70 financial support for volunteer advocate programs that declines
164-1 over a six-year period beginning on the date each individual
164-2 contract takes effect. After the end of the six-year period, the
164-3 attorney general may not provide more than 50 percent of the
164-4 volunteer advocate program's funding.
164-5 Sec. 264.603. Administrative Contracts. The attorney
164-6 general shall contract with one statewide organization of
164-7 individuals or groups of individuals who have expertise in the
164-8 dynamics of child abuse and neglect and experience in operating
164-9 volunteer advocate programs to:
164-10 (1) provide training, technical assistance, and
164-11 evaluation services for the benefit of local volunteer advocate
164-12 programs; and
164-13 (2) manage the attorney general's contracts under
164-14 Section 264.602.
164-15 Sec. 264.604. Eligibility for Contracts. (a) A person is
164-16 eligible for a contract under Section 264.602 only if the person is
164-17 a public or private nonprofit entity that operates a volunteer
164-18 advocate program that:
164-19 (1) uses individuals appointed as volunteer advocates
164-20 by the court to provide for the needs of abused or neglected
164-21 children;
164-22 (2) has provided court-appointed advocacy services for
164-23 at least two years;
164-24 (3) provides court-appointed advocacy services for at
164-25 least 10 children each month; and
164-26 (4) has demonstrated that the program has local
164-27 judicial support.
164-28 (b) The attorney general may not contract with a person that
164-29 is not eligible under this section. However, the attorney general
164-30 may waive the requirement in Subsection (a)(3) for an established
164-31 program in a rural area or under other special circumstances.
164-32 Sec. 264.605. Contract Form. A person shall apply for a
164-33 contract under Section 264.602 on a form provided by the attorney
164-34 general.
164-35 Sec. 264.606. Criteria for Award of Contracts. The attorney
164-36 general shall consider the following in awarding a contract under
164-37 Section 264.602:
164-38 (1) the volunteer advocate program's eligibility for
164-39 and use of funds from local, state, or federal governmental
164-40 sources, philanthropic organizations, and other sources;
164-41 (2) community support for the volunteer advocate
164-42 program as indicated by financial contributions from civic
164-43 organizations, individuals, and other community resources;
164-44 (3) whether the volunteer advocate program provides
164-45 services that encourage the permanent placement of children through
164-46 reunification with their families or timely placement with an
164-47 adoptive family; and
164-48 (4) whether the volunteer advocate program has the
164-49 endorsement and cooperation of the local juvenile court system.
164-50 Sec. 264.607. Contract Requirements. (a) The attorney
164-51 general shall require that a contract under Section 264.602 require
164-52 the volunteer advocate program to:
164-53 (1) make quarterly and annual financial reports on a
164-54 form provided by the attorney general;
164-55 (2) cooperate with inspections and audits that the
164-56 attorney general makes to ensure service standards and fiscal
164-57 responsibility; and
164-58 (3) provide as a minimum:
164-59 (A) independent and factual information to the
164-60 court regarding the child;
164-61 (B) advocacy through the courts for permanent
164-62 home placement and rehabilitation services for the child;
164-63 (C) monitoring of the child to ensure the safety
164-64 of the child and to prevent unnecessary movement of the child to
164-65 multiple temporary placements;
164-66 (D) reports to the presiding judge and to
164-67 counsel for the parties involved;
164-68 (E) community education relating to child abuse
164-69 and neglect;
164-70 (F) referral services to existing community
165-1 services;
165-2 (G) a volunteer recruitment and training
165-3 program, including adequate screening procedures for volunteers;
165-4 and
165-5 (H) procedures to assure the confidentiality of
165-6 records or information relating to the child.
165-7 (b) The attorney general may require that a contract under
165-8 Section 264.602 require the volunteer advocate program to use forms
165-9 provided by the attorney general.
165-10 (c) The attorney general shall develop forms in consultation
165-11 with a statewide organization of individuals or groups of
165-12 individuals who have expertise in the dynamics of child abuse and
165-13 neglect and experience in operating volunteer advocate programs.
165-14 Sec. 264.608. Report to the Legislature. (a) Before each
165-15 regular session of the legislature, the attorney general shall
165-16 publish a report that:
165-17 (1) summarizes reports from volunteer advocate
165-18 programs under contract with the attorney general;
165-19 (2) analyzes the effectiveness of the contracts made
165-20 by the attorney general under this chapter; and
165-21 (3) provides information on:
165-22 (A) the expenditure of funds under this chapter;
165-23 (B) services provided and the number of children
165-24 for whom the services were provided; and
165-25 (C) any other information relating to the
165-26 services provided by the volunteer advocate programs under this
165-27 chapter.
165-28 (b) The attorney general shall submit copies of the report
165-29 to the governor, lieutenant governor, speaker of the house of
165-30 representatives, the Legislative Budget Board, and members of the
165-31 legislature.
165-32 Sec. 264.609. Rule-Making Authority. The attorney general
165-33 may adopt rules necessary to implement this chapter.
165-34 Sec. 264.610. Confidentiality. The attorney general may not
165-35 disclose information gained through reports, collected case data,
165-36 or inspections that would identify a person working at or receiving
165-37 services from a volunteer advocate program.
165-38 Sec. 264.611. Consultations. In implementing this chapter,
165-39 the attorney general shall consult with individuals or groups of
165-40 individuals who have expertise in the dynamics of child abuse and
165-41 neglect and experience in operating volunteer advocate programs.
165-42 Sec. 264.612. Funding. (a) The attorney general may
165-43 solicit and receive grants or money from either private or public
165-44 sources, including by appropriation by the legislature from the
165-45 general revenue fund, to implement this chapter.
165-46 (b) The need for and importance of the implementation of
165-47 this chapter by the attorney general requires priority and
165-48 preferential consideration for appropriation.
165-49 (c) The attorney general may use not more than six percent
165-50 of the annual legislative appropriation it receives to implement
165-51 this chapter for administration and not more than six percent
165-52 annually for the contract described in Section 264.603.
165-53 SECTION 2. The following are repealed:
165-54 (1) Title 2, Family Code, as that title existed before
165-55 the effective date of this Act;
165-56 (2) Chapters 41, 45, 47, 49, 76, 77, and 151, Human
165-57 Resources Code; and
165-58 (3) Subchapter A, Chapter 54, Government Code.
165-59 SECTION 3. (a) The change in law made by this Act does not
165-60 affect a proceeding under the Family Code pending on the effective
165-61 date of this Act. A proceeding pending on the effective date of
165-62 this Act is governed by the law in effect at the time the
165-63 proceeding was commenced, and the former law is continued in effect
165-64 for that purpose.
165-65 (b) The enactment of this Act does not by itself constitute
165-66 a material and substantial change of circumstances sufficient to
165-67 warrant modification of a court order or portion of a decree that
165-68 provides for the support of or possession of and access to a child
165-69 entered before the effective date of this Act.
165-70 SECTION 4. The importance of this legislation and the
166-1 crowded condition of the calendars in both houses create an
166-2 emergency and an imperative public necessity that the
166-3 constitutional rule requiring bills to be read on three several
166-4 days in each house be suspended, and this rule is hereby suspended,
166-5 and that this Act take effect and be in force from and after its
166-6 passage, and it is so enacted.
166-7 * * * * *