By Goodman H.B. No. 657
74R1980 JJT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the protection of certain children of persons who abuse
1-3 controlled substances.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 15.02(a), Family Code, is amended to read
1-6 as follows:
1-7 (a) Except as provided by Subsection (b) of this section, a
1-8 petition requesting termination of the parent-child relationship
1-9 with respect to a parent who is not the petitioner may be granted
1-10 if the court finds that:
1-11 (1) the parent has:
1-12 (A) voluntarily left the child alone or in the
1-13 possession of another not the parent and expressed an intent not to
1-14 return; <or>
1-15 (B) voluntarily left the child alone or in the
1-16 possession of another not the parent without expressing an intent
1-17 to return, without providing for the adequate support of the child,
1-18 and remained away for a period of at least three months; <or>
1-19 (C) voluntarily left the child alone or in the
1-20 possession of another without providing adequate support of the
1-21 child and remained away for a period of at least six months; <or>
1-22 (D) knowingly placed or knowingly allowed the
1-23 child to remain in conditions or surroundings which endanger the
1-24 physical or emotional well-being of the child; <or>
2-1 (E) engaged in conduct or knowingly placed the
2-2 child with persons who engaged in conduct which endangers the
2-3 physical or emotional well-being of the child; <or>
2-4 (F) failed to support the child in accordance
2-5 with his ability during a period of one year ending within six
2-6 months of the date of the filing of the petition; <or>
2-7 (G) abandoned the child without identifying the
2-8 child or furnishing means of identification, and the child's
2-9 identity cannot be ascertained by the exercise of reasonable
2-10 diligence; <or>
2-11 (H) voluntarily, and with knowledge of the
2-12 pregnancy, abandoned the mother of the child beginning at a time
2-13 during her pregnancy with the child and continuing through the
2-14 birth, failed to provide adequate support or medical care for the
2-15 mother during the period of abandonment before the birth of the
2-16 child, and remained apart from the child or failed to support the
2-17 child since the birth; <or>
2-18 (I) contumaciously refused to submit to a
2-19 reasonable and lawful order of a court under Section 34.05 of this
2-20 code; <or>
2-21 (J) been the major cause of:
2-22 (i) the failure of the child to be
2-23 enrolled in school as required by the Texas Education Code; or
2-24 (ii) the child's absence from his home
2-25 without the consent of his parents or guardian for a substantial
2-26 length of time or without the intent to return; <or>
2-27 (K) executed before or after the suit is filed
3-1 an unrevoked or irrevocable affidavit of relinquishment of parental
3-2 rights as provided by Section 15.03 of this code; <or>
3-3 (L) been adjudicated to be criminally
3-4 responsible for the death or serious injury of a child; <another of
3-5 his or her children; or>
3-6 (M) had his or her parent-child relationship
3-7 terminated with respect to another child based on a finding that
3-8 the parent's conduct was in violation of Paragraph (D) or (E) of
3-9 this subdivision;
3-10 (N) during pregnancy with the child or while
3-11 nursing the child, used a controlled substance as defined by
3-12 Chapter 481, Health and Safety Code, in a manner or to an extent
3-13 that endangered the health or safety of the child; or
3-14 (O) repeatedly used a controlled substance, as
3-15 defined by Chapter 481, Health and Safety Code, in a manner or to
3-16 an extent that endangered the health or safety of the child, and:
3-17 (i) failed to complete a court-ordered
3-18 substance abuse treatment program; or
3-19 (ii) repeatedly used a controlled
3-20 substance after completion of a court-ordered substance abuse
3-21 treatment program; and <in addition, the court further finds that>
3-22 (2) termination is in the best interest of the child.
3-23 SECTION 2. Sections 17.03(a), (b), and (f), Family Code, are
3-24 amended to read as follows:
3-25 (a) An authorized representative of the Texas Department of
3-26 Human Services, a law enforcement officer, or a juvenile probation
3-27 officer may take possession of a child without a court order under
4-1 the following conditions and no others:
4-2 (1) upon discovery of a child in a situation of danger
4-3 to the child's physical health or safety when the sole purpose is
4-4 to deliver the child without unnecessary delay to the parent,
4-5 managing conservator, possessory conservator, guardian, caretaker,
4-6 or custodian who is presently entitled to possession of the child;
4-7 (2) upon the voluntary delivery of the child by the
4-8 parent, managing conservator, possessory conservator, guardian,
4-9 caretaker, or custodian who is presently entitled to possession of
4-10 the child;
4-11 (3) upon personal knowledge of facts which would lead
4-12 a person of ordinary prudence and caution to believe that there is
4-13 an immediate danger to the physical health or safety of the child
4-14 and that there is no time to obtain a temporary restraining order
4-15 or attachment under Section 17.02 of this code;
4-16 (4) upon information furnished by another which has
4-17 been corroborated by personal knowledge of facts and all of which
4-18 taken together would lead a person of ordinary prudence and caution
4-19 to believe that there is an immediate danger to the physical health
4-20 or safety of the child and that there is no time to obtain a
4-21 temporary restraining order or attachment under Section 17.02 of
4-22 this code;
4-23 (5) upon personal knowledge of facts that would lead a
4-24 person of ordinary prudence and caution to believe that the child
4-25 has been the victim of sexual abuse and that there is no time to
4-26 obtain a temporary restraining order or attachment under Section
4-27 17.02 of this code; <or>
5-1 (6) upon information furnished by another that has
5-2 been corroborated by personal knowledge of facts and all of which
5-3 taken together would lead a person of ordinary prudence and caution
5-4 to believe that the child has been the victim of sexual abuse and
5-5 that there is no time to obtain a temporary restraining order or
5-6 attachment under Section 17.02 of this code; or
5-7 (7) upon information furnished by another that has
5-8 been corroborated by personal knowledge of facts and all of which
5-9 taken together would lead a person of ordinary prudence and caution
5-10 to believe that the parent or person who has possession of the
5-11 child is currently using a controlled substance as defined by
5-12 Chapter 481, Health and Safety Code, and the use constitutes an
5-13 immediate danger to the physical health or safety of the child and
5-14 there is no time to obtain a temporary restraining order or
5-15 attachment under Section 17.02.
5-16 (b) When a child is taken into possession under Subsection
5-17 (a) <Subdivision> (3), (4), (5), (6), or (7) <or (6) of Subsection
5-18 (a) of this section>, the person taking the child into possession
5-19 shall, without unnecessary delay, cause to be filed a suit
5-20 affecting the parent-child relationship and request the court to
5-21 appoint a guardian ad litem for the child and to cause a hearing to
5-22 be held by no later than the first working day after the child is
5-23 taken into possession.
5-24 (f) A full adversary hearing shall be held not later than
5-25 the 14th day after the date the child is taken into possession
5-26 under Subsection (a) <Subdivision> (3), (4), (5), (6), or (7) <or
5-27 (6) of Subsection (a) of this section> and such orders made as are
6-1 necessary for the protection of the physical health and safety of
6-2 the child.
6-3 SECTION 3. Section 34.012(1), Family Code, is amended to
6-4 read as follows:
6-5 (1) "Abuse" includes the following acts or omissions
6-6 by any person:
6-7 (A) mental or emotional injury to a child that
6-8 results in an observable and material impairment in the child's
6-9 growth, development, or psychological functioning;
6-10 (B) causing or permitting the child to be in a
6-11 situation in which the child sustains a mental or emotional injury
6-12 that results in an observable and material impairment in the
6-13 child's growth, development, or psychological functioning;
6-14 (C) physical injury that results in substantial
6-15 harm to the child, or the genuine threat of substantial harm from
6-16 physical injury to the child, including an injury that is at
6-17 variance with the history or explanation given and excluding an
6-18 accident or reasonable discipline by a parent, guardian, or
6-19 managing or possessory conservator that does not expose the child
6-20 to a substantial risk of harm;
6-21 (D) failure to make a reasonable effort to
6-22 prevent an action by another person that results in physical injury
6-23 that results in substantial harm to the child;
6-24 (E) sexual contact, sexual intercourse, or
6-25 sexual conduct, as those terms are defined by Section 43.01, Penal
6-26 Code, sexual penetration with a foreign object, incest, sexual
6-27 assault, or sodomy inflicted on, shown to, or intentionally
7-1 practiced in the presence of a child if the child is present only
7-2 to arouse or gratify the sexual desires of any person;
7-3 (F) failure to make a reasonable effort to
7-4 prevent sexual contact, sexual intercourse, or sexual conduct, as
7-5 those terms are defined by Section 43.01, Penal Code, sexual
7-6 penetration with a foreign object, incest, sexual assault, or
7-7 sodomy being inflicted on or shown to a child by another person, or
7-8 intentionally practiced in the presence of a child by another
7-9 person if the child is present only to arouse or gratify the sexual
7-10 desires of any person;
7-11 (G) compelling or encouraging the child to
7-12 engage in sexual conduct as defined by Section 43.01, Penal Code;
7-13 <or>
7-14 (H) causing, permitting, encouraging, engaging
7-15 in, or allowing the photographing, filming, or depicting of the
7-16 child if the person knew or should have known that the resulting
7-17 photograph, film, or depiction of the child is obscene (as defined
7-18 by the Penal Code) or pornographic;
7-19 (I) the current use by a person of a controlled
7-20 substance as defined by Chapter 481, Health and Safety Code, in a
7-21 manner or to the extent that the use results in physical, mental,
7-22 or emotional injury to a child; or
7-23 (J) causing, expressly permitting, or
7-24 encouraging a child to use a controlled substance as defined by
7-25 Chapter 481, Health and Safety Code.
7-26 SECTION 4. This Act takes effect September 1, 1995.
7-27 SECTION 5. The importance of this legislation and the
8-1 crowded condition of the calendars in both houses create an
8-2 emergency and an imperative public necessity that the
8-3 constitutional rule requiring bills to be read on three several
8-4 days in each house be suspended, and this rule is hereby suspended.