74R13491 JMM-D
By Harris, Nelson, Montford S.B. No. 7
Substitute the following for S.B. No. 7:
By De La Garza C.S.S.B. No. 7
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the parent-child relationship, suits affecting the
1-3 parent-child relationship, and the protection of children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 3.521(c), Family Code, is amended to read
1-6 as follows:
1-7 (c) The form authorized in this section and the form
1-8 authorized by Section 102.010 <11.09 of this code> may be combined
1-9 in appropriate situations.
1-10 SECTION 2. Subchapter C, Chapter 3, Family Code, is amended
1-11 by adding Section 3.522 to read as follows:
1-12 Sec. 3.522. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
1-13 (a) A party to a proceeding under this title shall include in the
1-14 first pleading filed by the party in the proceeding the following
1-15 statement:
1-16 "I AM AWARE THAT IT IS THE POLICY OF THE
1-17 STATE OF TEXAS TO PROMOTE THE AMICABLE AND
1-18 NONJUDICIAL SETTLEMENT OF DISPUTES
1-19 INVOLVING CHILDREN AND FAMILIES. I AM
1-20 AWARE OF ALTERNATIVE DISPUTE RESOLUTION
1-21 METHODS INCLUDING MEDIATION. WHILE I
1-22 RECOGNIZE THAT ALTERNATIVE DISPUTE
1-23 RESOLUTION IS AN ALTERNATIVE TO AND NOT A
1-24 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE
2-1 MAY BE TRIED IF IT IS NOT SETTLED, I
2-2 REPRESENT TO THE COURT THAT I WILL ATTEMPT
2-3 IN GOOD FAITH TO RESOLVE CONTESTED ISSUES
2-4 IN THIS CASE BY ALTERNATIVE DISPUTE
2-5 RESOLUTION WITHOUT THE NECESSITY OF COURT
2-6 INTERVENTION."
2-7 (b) The statement required by Subsection (a) must be printed
2-8 in boldfaced type or capital letters and signed by the party.
2-9 (c) The statement in Subsection (a) is not required for:
2-10 (1) a pleading in which citation on all respondents
2-11 entitled to service of citation is requested, issued, and given by
2-12 publication;
2-13 (2) a motion or pleading that seeks a protective order
2-14 under Section 3.581; or
2-15 (3) a special appearance under Rule 120A, Texas Rules
2-16 of Civil Procedure.
2-17 SECTION 3. Sections 3.55(b), (c), and (d), Family Code, are
2-18 amended to read as follows:
2-19 (b) If the parties are parents of a child, as defined by
2-20 Section 101.003 <11.01 of this code>, and the child is not under
2-21 the continuing jurisdiction of any other court as provided by
2-22 Chapter 155 <under Section 11.05 of this code>, the suit for
2-23 divorce, annulment, or to declare the marriage void, must include a
2-24 suit affecting the parent-child relationship under Title 5
2-25 <Subtitle A, Title 2, of this code>. If a suit affecting the
2-26 parent-child relationship is pending at the time the suit for
2-27 divorce, annulment, or to declare a marriage void is filed, the
3-1 suit affecting the parent-child relationship shall be transferred
3-2 as provided by Section 103.002 to the court in which the suit for
3-3 dissolution of a marriage is filed.
3-4 (c) If the parties are parents of a child, as defined by
3-5 Section 101.003 <11.01 of this code>, and the child is under the
3-6 continuing jurisdiction of another court under Chapter 155 <Section
3-7 11.05 of this code>, either party to the suit for divorce,
3-8 annulment, or to declare the marriage void may move that court for
3-9 transfer of the suit affecting the parent-child relationship to the
3-10 court having jurisdiction of the suit or divorce, annulment, or to
3-11 declare the marriage void. The court with continuing jurisdiction
3-12 shall then transfer the proceeding to the court with jurisdiction
3-13 of the suit for divorce, annulment, or to declare the marriage void
3-14 as provided by Chapter 155. <Proceedings for transfer under this
3-15 section shall be governed by the procedures governing transfer
3-16 under Section 11.06 of this code.> On transfer of the proceedings
3-17 to the court with jurisdiction of the suit for divorce, annulment,
3-18 or to declare the marriage void, that court shall consolidate the
3-19 suit affecting the parent-child relationship with the suit for
3-20 divorce, annulment, or to declare the marriage void.
3-21 (d) After transfer of a suit affecting the parent-child
3-22 relationship as provided in Subsection (b) or (c) <of this
3-23 section>, or if the parties are parents of a child and no other
3-24 court has jurisdiction of the child, the court with jurisdiction of
3-25 the suit for divorce, annulment, or to declare the marriage void
3-26 has jurisdiction to render an order in the suit <make orders,
3-27 decrees, or judgments> affecting the parent-child relationship as
4-1 provided by Title 5 <in the same manner that a court with
4-2 jurisdiction of a suit affecting the parent-child relationship has
4-3 under Subtitle A, Title 2, of this code, and is subject to the same
4-4 rules, requirements, and standards set forth in Subtitle A, Title
4-5 2, of this code for such suits. On entering its decree or judgment
4-6 affecting the parent-child relationship, the court has continuing
4-7 jurisdiction under Section 11.05 of this code, and the decree or
4-8 judgment shall be treated for all purposes as though it were
4-9 entered in a suit affecting the parent-child relationship>.
4-10 SECTION 4. Section 4.02, Family Code, is amended to read as
4-11 follows:
4-12 Sec. 4.02. DUTY TO SUPPORT. Each spouse has the duty to
4-13 support the other spouse. <Each parent has the duty to support his
4-14 or her child during the period that the child is a minor, and
4-15 thereafter so long as the child is fully enrolled in an accredited
4-16 secondary school in a program leading toward a high school diploma
4-17 until the end of the school year in which the child graduates.> A
4-18 spouse <or parent> who fails to discharge the duty of support is
4-19 liable to any person who provides necessaries to the spouse <those>
4-20 to whom support is owed.
4-21 SECTION 5. Section 32.001, Family Code, as added by House
4-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
4-23 amended to read as follows:
4-24 Sec. 32.001. CONSENT BY NON-PARENT. (a) The following
4-25 persons may consent to medical, dental, psychological, and surgical
4-26 treatment of a child when the person having the right to consent as
4-27 otherwise provided by law cannot be contacted and that person has
5-1 not given actual notice to the contrary:
5-2 (1) a grandparent of the child;
5-3 (2) an adult brother or sister of the child;
5-4 (3) an adult aunt or uncle of the child;
5-5 (4) an educational institution in which the child is
5-6 enrolled that has received written authorization to consent from a
5-7 person having the right to consent;
5-8 (5) an adult who has actual care, control, and
5-9 possession of the child and has written authorization to consent
5-10 from a person having the right to consent;
5-11 (6) a court having jurisdiction over a suit affecting
5-12 the parent-child relationship of which the child is the subject;
5-13 <or>
5-14 (7) an adult responsible for the actual care, control,
5-15 and possession of a child under the jurisdiction of a juvenile
5-16 court or committed by a juvenile court to the care of an agency of
5-17 the state or county; or
5-18 (8) a peace officer who has lawfully taken custody of
5-19 a minor, if the peace officer has reasonable grounds to believe the
5-20 minor is in need of immediate medical treatment.
5-21 (b) <The person giving consent, a physician or dentist
5-22 licensed to practice medicine or dentistry in this state, or a
5-23 hospital or medical facility is not liable for the examination and
5-24 treatment of a child under this section except for the person's own
5-25 acts of negligence.>
5-26 <(c)> The Texas Youth Commission may consent to the medical,
5-27 dental, psychological, and surgical treatment of a child committed
6-1 to it under Title 3 when the person having the right to consent has
6-2 been contacted and that person has not given actual notice to the
6-3 contrary.
6-4 (c) <(d)> This section does not apply to consent for the
6-5 immunization of a child.
6-6 (d) A person who consents to the medical treatment of a
6-7 minor under Subsection (a)(7) or (8) is immune from liability for
6-8 damages resulting from the examination or treatment of the minor,
6-9 except to the extent of the person's own acts of negligence. A
6-10 physician or dentist licensed to practice in this state, or a
6-11 hospital or medical facility at which a minor is treated is immune
6-12 from liability for damages resulting from the examination or
6-13 treatment of a minor under this section, except to the extent of
6-14 the person's own acts of negligence.
6-15 SECTION 6. Section 32.003(a), Family Code, as added by House
6-16 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
6-17 amended to read as follows:
6-18 (a) A child may consent to medical, dental, psychological,
6-19 and surgical treatment for the child by a licensed physician or
6-20 dentist if the child:
6-21 (1) is on active duty with the armed services of the
6-22 United States of America;
6-23 (2) is:
6-24 (A) 16 years of age or older and resides
6-25 separate and apart from the child's parents, managing conservator,
6-26 or guardian, with or without the consent of the parents, managing
6-27 conservator, or guardian and regardless of the duration of the
7-1 residence; and
7-2 (B) managing the child's own financial affairs,
7-3 regardless of the source of the income;
7-4 (3) consents to the diagnosis and treatment of an
7-5 infectious, contagious, or communicable disease that is required by
7-6 law or a rule to be reported by the licensed physician or dentist
7-7 to a local health officer or the Texas Department of Health,
7-8 including all diseases within the scope of Section 81.041, Health
7-9 and Safety Code;
7-10 (4) is unmarried and pregnant and consents to
7-11 hospital, medical, or surgical treatment, other than abortion,
7-12 related to the pregnancy; <or>
7-13 (5) consents to examination and treatment for drug or
7-14 chemical addiction, drug or chemical dependency, or any other
7-15 condition directly related to drug or chemical use; or
7-16 (6) is unmarried and has actual custody of the child's
7-17 biological child and consents to medical, dental, psychological, or
7-18 surgical treatment for the child.
7-19 SECTION 7. Section 41.001, Family Code, as added by House
7-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
7-21 amended to read as follows:
7-22 Sec. 41.001. Liability. A parent, legal guardian, or
7-23 <other> person who has the legal duty of control and reasonable
7-24 discipline of a child is liable for death, personal injury, or
7-25 <any> property damage proximately caused by:
7-26 (1) the negligent conduct of the child if the conduct
7-27 is reasonably attributable to the negligent failure of the parent,
8-1 legal guardian, or person <other persons> to exercise that duty; or
8-2 (2) the wilful and malicious conduct of a child who is
8-3 at least 12 years of age but under 18 years of age.
8-4 SECTION 8. Section 41.002, Family Code, as added by House
8-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
8-6 amended to read as follows:
8-7 Sec. 41.002. Limit of Damages. (a) Recovery for property
8-8 damage caused by wilful and malicious conduct is limited to actual
8-9 damages, not to exceed $25,000 <$15,000> per occurrence, plus court
8-10 costs and reasonable attorney's fees.
8-11 (b) This section does not impose a limitation on the amount
8-12 that may be recovered under this chapter for damages arising from a
8-13 personal injury or death.
8-14 SECTION 9. Section 42.006(a), Family Code, as added by House
8-15 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
8-16 amended to read as follows:
8-17 (a) Damages may include:
8-18 (1) the actual costs and expenses incurred, including
8-19 attorney's fees, in:
8-20 (A) locating a child who is the subject of the
8-21 order;
8-22 (B) recovering possession of the child if the
8-23 petitioner is entitled to possession; and
8-24 (C) <(2) the actual costs and expenses,
8-25 including attorney's fees, incurred in> enforcing the order and
8-26 prosecuting the suit; and
8-27 (2) <(3)> mental suffering and anguish incurred by the
9-1 plaintiff because of a violation of the order.
9-2 SECTION 10. Section 102.003, Family Code, as added by House
9-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
9-4 amended to read as follows:
9-5 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original
9-6 suit may be filed at any time by:
9-7 (1) a parent of the child;
9-8 (2) the child through a representative authorized by
9-9 the court;
9-10 (3) a custodian or person having the right of
9-11 visitation with or access to the child appointed by an order of a
9-12 court of another state or country;
9-13 (4) a guardian of the person or of the estate of the
9-14 child;
9-15 (5) a governmental entity;
9-16 (6) an authorized agency;
9-17 (7) a licensed child placing agency;
9-18 (8) a man alleging himself to be the biological father
9-19 of a child filing in accordance with Chapter 160, subject to the
9-20 limitations of Section 160.101, but not otherwise;
9-21 (9) a person who has had actual care, control, and
9-22 possession of the child for not less than six months preceding the
9-23 filing of the petition;
9-24 (10) a person designated as the managing conservator
9-25 in a revoked or unrevoked affidavit of relinquishment under Chapter
9-26 161 or to whom consent to adoption has been given in writing under
9-27 Chapter 162; or
10-1 (11) a person with whom the child and the child's
10-2 guardian, managing conservator, or parent have resided for not less
10-3 than six months preceding the filing of the petition if the child's
10-4 guardian, managing conservator, or parent is deceased at the time
10-5 of the filing of the petition.
10-6 SECTION 11. Chapter 102, Family Code, as added by H.B. 655,
10-7 Acts of the 74th Legislature, Regular Session, 1995, is amended by
10-8 adding Section 102.0085 to read as follows:
10-9 Sec. 102.0085. STATEMENT ON ALTERNATIVE DISPUTE RESOLUTION.
10-10 (a) A party to a proceeding brought under this chapter and
10-11 Chapters 151, 153, 154, and 160 shall include in the first pleading
10-12 filed by the party in the proceeding the following statement:
10-13 "I AM AWARE THAT IT IS THE POLICY OF THE
10-14 STATE OF TEXAS TO PROMOTE THE AMICABLE AND
10-15 NONJUDICIAL SETTLEMENT OF DISPUTES
10-16 INVOLVING CHILDREN AND FAMILIES. I AM
10-17 AWARE OF ALTERNATIVE DISPUTE RESOLUTION
10-18 METHODS INCLUDING MEDIATION. WHILE I
10-19 RECOGNIZE THAT ALTERNATIVE DISPUTE
10-20 RESOLUTION IS AN ALTERNATIVE TO AND NOT A
10-21 SUBSTITUTE FOR A TRIAL AND THAT THIS CASE
10-22 MAY BE TRIED IF IT IS NOT SETTLED, I
10-23 REPRESENT TO THE COURT THAT I WILL ATTEMPT
10-24 IN GOOD FAITH TO RESOLVE CONTESTED ISSUES
10-25 IN THIS CASE BY ALTERNATIVE DISPUTE
10-26 RESOLUTION WITHOUT THE NECESSITY OF COURT
10-27 INTERVENTION."
11-1 (b) The statement required by Subsection (a) must be printed
11-2 in boldfaced type or capital letters and signed by the party.
11-3 (c) The statement in Subsection (a) is not required for:
11-4 (1) a pleading in which citation on all respondents
11-5 entitled to service of citation is requested, issued, and given by
11-6 publication;
11-7 (2) a motion or pleading that seeks relief under
11-8 Section 105.001(c) or Subchapter H, Chapter 157; or
11-9 (3) a special appearance under Rule 120A, Texas Rules
11-10 of Civil Procedure.
11-11 SECTION 12. Section 102.009(a), Family Code, as added by
11-12 House Bill 655, Acts of the 74th Legislature, Regular Session,
11-13 1995, is amended to read as follows:
11-14 (a) Except as provided by Subsection (b), the following
11-15 <persons> are entitled to service of citation on the filing of a
11-16 petition in an original suit:
11-17 (1) a managing conservator;
11-18 (2) a possessory conservator;
11-19 (3) a person having possession of or access to the
11-20 child under an order;
11-21 (4) a person required by law or by order to provide
11-22 for the support of the child;
11-23 (5) a guardian of the person of the child;
11-24 (6) a guardian of the estate of the child;
11-25 (7) each parent as to whom the parent-child
11-26 relationship has not been terminated or process has not been waived
11-27 under Chapter 161; <and>
12-1 (8) an alleged father, unless there is attached to the
12-2 petition an affidavit of waiver of interest in a child executed by
12-3 the alleged father as provided by Chapter 161; and
12-4 (9) the Department of Protective and Regulatory
12-5 Services, if the petition requests that the department be appointed
12-6 as managing conservator of the child.
12-7 SECTION 13. Section 104.005, Family Code, as added by House
12-8 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-9 amended to read as follows:
12-10 Sec. 104.005. SUBSTITUTION FOR IN-COURT TESTIMONY OF CHILD.
12-11 (a) If the testimony of a child is taken as provided by this
12-12 chapter <subchapter>, the child may not be compelled to testify in
12-13 court during the proceeding.
12-14 (b) The court may allow the testimony of a child of any age
12-15 to be taken in any manner provided by this chapter if the child,
12-16 because of a medical condition, is incapable of testifying in open
12-17 court.
12-18 SECTION 14. Section 105.002, Family Code, as added by House
12-19 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
12-20 amended to read as follows:
12-21 Sec. 105.002. JURY. (a) Except as provided by Subsection
12-22 (b) <in a suit in which adoption is requested>, a party may demand
12-23 a jury trial.
12-24 (b) A party may not demand a jury trial in a suit in which
12-25 adoption is sought, including a trial on the issue of denial or
12-26 revocation of consent to the adoption by the managing conservator.
12-27 (c) The court may not render an order that contravenes the
13-1 verdict of the jury, except with respect to the issues of the
13-2 specific terms and conditions of possession of and access to the
13-3 child, support of the child, and the rights, privileges, duties,
13-4 and powers of sole managing conservators, joint managing
13-5 conservators, or possessory conservators, on which the court may
13-6 submit or refuse to submit issues to the jury as the court
13-7 determines appropriate, and on which issues the jury verdict is
13-8 advisory only.
13-9 SECTION 15. Section 105.006, Family Code, as added by House
13-10 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
13-11 amended by amending Subsections (b) and (e) and adding Subsection
13-12 (g) to read as follows:
13-13 (b) Except as provided by Subsection (c), <in an order for
13-14 child support or possession of or access to a child> the court
13-15 shall order each party to inform each <the clerk and all> other
13-16 party <parties> of an intended <a> change in any of the information
13-17 required by this section as long as any person, as a result of the
13-18 order, is under an obligation to pay child support or is entitled
13-19 to possession of or access to a child. The court shall order that
13-20 notice of the intended change be given at the earlier of <to be
13-21 included in the order>:
13-22 (1) <before the 11th day after the date of the change,
13-23 as long as any person, as a result of the order, is under an
13-24 obligation to pay child support or is entitled to possession of or
13-25 access to a child; and>
13-26 <(2) if the change in the information is an intended
13-27 change, on or before> the 60th day before the date the party
14-1 intends to make the change; or
14-2 (2) the fifth day after the date that the party knew
14-3 of the change, if the party did not know or could not have known of
14-4 the change in sufficient time to comply with Subdivision (1)<, as
14-5 long as any person, as a result of the order, is under an
14-6 obligation to pay child support or is entitled to possession of or
14-7 access to a child>.
14-8 (e) Except as provided by Subsection (c), an order in a suit
14-9 that orders child support or possession of or access to a child
14-10 must also contain the following order in bold-faced type or in
14-11 capital letters:
14-12 "EACH PERSON WHO IS A PARTY TO THIS ORDER IS ORDERED TO
14-13 NOTIFY EACH OTHER PARTY <THE CLERK OF THIS COURT> WITHIN 10 DAYS
14-14 AFTER THE DATE OF ANY CHANGE IN THE PARTY'S CURRENT RESIDENCE
14-15 ADDRESS, MAILING ADDRESS, HOME TELEPHONE NUMBER, NAME OF EMPLOYER,
14-16 ADDRESS OF <PLACE OF> EMPLOYMENT, AND WORK TELEPHONE NUMBER. THE
14-17 PARTY IS ORDERED TO GIVE NOTICE OF AN INTENDED CHANGE IN ANY OF THE
14-18 REQUIRED INFORMATION TO EACH OTHER PARTY ON OR BEFORE THE 60TH DAY
14-19 BEFORE THE INTENDED CHANGE. IF THE PARTY DOES NOT KNOW OR COULD
14-20 NOT HAVE KNOWN OF THE CHANGE IN SUFFICIENT TIME TO PROVIDE 60-DAY
14-21 NOTICE, THE PARTY IS ORDERED TO GIVE NOTICE OF THE CHANGE ON OR
14-22 BEFORE THE FIFTH DAY AFTER THE DATE THAT THE PARTY KNOWS OF THE
14-23 CHANGE.
14-24 THE DUTY TO FURNISH THIS INFORMATION TO EACH OTHER PARTY <THE
14-25 CLERK OF THE COURT> CONTINUES AS LONG AS ANY PERSON, BY VIRTUE OF
14-26 THIS ORDER, IS UNDER AN OBLIGATION TO PAY CHILD SUPPORT OR ENTITLED
14-27 TO POSSESSION OF OR ACCESS TO A CHILD.
15-1 FAILURE BY A PARTY TO OBEY THE ORDER OF THIS COURT TO PROVIDE
15-2 EACH OTHER PARTY <THE CLERK> WITH THE CHANGE IN THE REQUIRED
15-3 INFORMATION MAY RESULT IN FURTHER LITIGATION TO ENFORCE THE ORDER,
15-4 INCLUDING CONTEMPT OF COURT. A FINDING OF CONTEMPT MAY BE PUNISHED
15-5 BY CONFINEMENT IN JAIL FOR UP TO SIX MONTHS, A FINE OF UP TO $500
15-6 FOR EACH VIOLATION, AND A MONEY JUDGMENT FOR PAYMENT OF ATTORNEY'S
15-7 FEES AND COURT COSTS <CURRENT MAILING ADDRESS OF A PARTY MAY RESULT
15-8 IN THE ISSUANCE OF A CAPIAS FOR THE ARREST OF THE PARTY IF THAT
15-9 PARTY CANNOT BE PERSONALLY SERVED WITH NOTICE OF A HEARING AT AN
15-10 ADDRESS OF RECORD>."
15-11 (g) Notwithstanding another provision of this section, a
15-12 court in a county with a population of 2.8 million or more shall
15-13 order each party to inform the clerk of the court of a change in
15-14 information required by this section in the manner provided by
15-15 Subsection (b). The order required by Subsection (e) shall reflect
15-16 the notification requirement of this subsection.
15-17 SECTION 16. Section 105.007, Family Code, as added by House
15-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
15-19 amended to read as follows:
15-20 Sec. 105.007. COMPLIANCE WITH ORDER REQUIRING NOTICE OF
15-21 CHANGE OF REQUIRED INFORMATION <CONSERVATOR'S RESIDENCE>. (a) A
15-22 party <who intends a change of place of residence> shall comply
15-23 with the order by giving written notice to each other party of an
15-24 <the> intended <date of> change in the party's current residence
15-25 address, mailing address, home telephone number, name of employer,
15-26 address of employment, and work<, new> telephone number<, and new
15-27 street address of residence to the court having jurisdiction of the
16-1 suit in which the order was made and to every other party who has
16-2 possession of or access to the child>.
16-3 (b) The party must give written notice by registered or
16-4 certified mail of an intended change in the required information to
16-5 each other party <must be given> on or before the 60th day before
16-6 the change is made <conservator changes the conservator's place of
16-7 residence>. If the party does <conservator did> not know or could
16-8 not have known of the change in sufficient time to provide 60-day
16-9 notice, the party shall provide <of residence or if the required
16-10 information was not available within the 60-day period, the
16-11 conservator shall supply> the written notice of the change <of
16-12 residence or the related information> on or before the fifth day
16-13 after the date that the party <conservator> knew <or should have
16-14 known> of the change <or of the related information>.
16-15 (c) The court may waive the notice required by this section
16-16 on motion by a party <the moving conservator> if it finds that the
16-17 giving of notice of a change of the required information <place of
16-18 residence> would be likely to expose the child or the party
16-19 <conservator> to harassment, abuse, serious harm, or injury.
16-20 <(d) The notice may be given to a party by delivery of a
16-21 copy of the notice to the party either in person or by registered
16-22 or certified mail, return receipt requested, to the last known
16-23 address of the party.>
16-24 <(e) The notice may be given to the court by delivery of a
16-25 copy of the notice either in person to the clerk of the court or by
16-26 registered or certified mail addressed to the clerk of the court.>
16-27 SECTION 17. Chapter 107, Family Code, as added by House Bill
17-1 655, Acts of the 74th Legislature, Regular Session, 1995, is
17-2 amended to read as follows:
17-3 CHAPTER 107. SPECIAL APPOINTMENTS AND SOCIAL STUDIES
17-4 SUBCHAPTER A. GUARDIAN AD LITEM REPRESENTATION
17-5 Sec. 107.001. APPOINTMENT OF GUARDIAN AD LITEM. (a) In a
17-6 suit in which termination of the parent-child relationship is
17-7 requested, the court or an associate judge shall appoint a guardian
17-8 ad litem to represent the interests of the child immediately after
17-9 the filing of the petition but before the full adversary hearing to
17-10 ensure adequate representation of the child, unless:
17-11 (1) the child is a petitioner;
17-12 (2) an attorney ad litem has been appointed for the
17-13 child; or
17-14 (3) the court or an associate judge finds that the
17-15 interests of the child will be represented adequately by a party to
17-16 the suit and are not adverse to that party.
17-17 (b) In any other suit, the court or an associate judge may
17-18 appoint a guardian ad litem.
17-19 (c) The managing conservator may be appointed guardian ad
17-20 litem if the managing conservator is not a parent of the child or a
17-21 person petitioning for adoption of the child and has no personal
17-22 interest in the suit.
17-23 (d) A guardian ad litem shall be appointed to represent any
17-24 other person entitled to service of citation under this code if the
17-25 person is incompetent or a child, unless the person has executed an
17-26 affidavit of relinquishment of parental rights or an affidavit of
17-27 waiver of interest in child containing a waiver of service of
18-1 citation.
18-2 (Sections 107.002-107.010 reserved for expansion
18-3 SUBCHAPTER B. ATTORNEY AD LITEM
18-4 Sec. 107.011 <107.002>. DISCRETIONARY APPOINTMENT OF
18-5 ATTORNEY AD LITEM. (a) An associate judge shall <may> recommend
18-6 the appointment of an attorney ad litem for any party in a case in
18-7 which the associate judge deems representation necessary to protect
18-8 the interests of the child who is the subject matter of the suit.
18-9 (b) The court shall <may> appoint an attorney ad litem for
18-10 any party in a case in which the court deems representation
18-11 necessary to protect the interests of the child who is the subject
18-12 matter of the suit.
18-13 Sec. 107.012. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
18-14 CHILD. <(c)> In a suit filed by a governmental entity requesting
18-15 termination of the parent-child relationship or to be named
18-16 conservator of a child, the court shall appoint an attorney ad
18-17 litem to represent the interests of the child immediately after the
18-18 filing, but before the full adversary hearing, <as soon as
18-19 practicable> to ensure adequate representation of the child
18-20 <child's interests>.
18-21 Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
18-22 INDIGENT PARENT. (a) <(d)> In a suit in which termination of the
18-23 parent-child relationship is requested, the court shall appoint an
18-24 attorney ad litem to represent the interests of each indigent
18-25 parent of the child who responds in opposition to the termination.
18-26 (b) If both parents of the child are indigent and oppose
18-27 termination and the court finds that the interests of the parents
19-1 are not in conflict, the court may appoint a single attorney ad
19-2 litem to represent the interests of both parents.
19-3 Sec. 107.014. POWERS AND DUTIES OF ATTORNEY AD LITEM FOR
19-4 CHILD. (a) An attorney ad litem appointed under this subchapter
19-5 to represent a child may:
19-6 (1) investigate to the extent the attorney ad litem
19-7 considers appropriate to determine the facts of the case;
19-8 (2) obtain and review copies of all of the child's
19-9 relevant medical, psychological, and school records; and
19-10 (3) call, examine, and cross-examine witnesses.
19-11 (b) An attorney ad litem appointed to represent a child
19-12 shall within a reasonable time after the appointment:
19-13 (1) interview the child if the child is four years of
19-14 age or older; and
19-15 (2) interview individuals with significant knowledge
19-16 of the child's history and condition.
19-17 Sec. 107.015 <107.003>. AD LITEM FEES. (a) An attorney
19-18 appointed to represent a child or parent as authorized by this
19-19 subchapter is entitled to a reasonable fee in the amount set by the
19-20 court to be paid by the parents of the child unless the parents are
19-21 indigent.
19-22 (b) If the court or associate judge determines that the
19-23 parties or litigants are able to defray the costs of an ad litem's
19-24 compensation as determined by the reasonable and customary fees for
19-25 similar services in the county of jurisdiction, the costs may be
19-26 ordered paid by either or both parties, or the court or associate
19-27 judge may order either or both parties, prior to final hearing, to
20-1 pay the sums into the registry of the court or into an account
20-2 authorized by the court for the use and benefit of the ad litem on
20-3 order of the court. The sums may be taxed as costs to be assessed
20-4 against one or more of the parties.
20-5 (c) If indigency of the parents is shown, an attorney
20-6 appointed to represent a child or parent in a suit to terminate the
20-7 parent-child relationship shall be paid from the general funds of
20-8 the county according to the fee schedule that applies to an
20-9 attorney appointed to represent a child in a suit under Title 3 as
20-10 provided by Chapter 51.
20-11 Sec. 107.016. CONTINUED REPRESENTATION. In a suit brought
20-12 by a governmental entity seeking termination of the parent-child
20-13 relationship or appointment of the entity as conservator of the
20-14 child, an order appointing the Department of Protective and
20-15 Regulatory Services as the child's managing conservator may provide
20-16 for the continuation of the attorney ad litem appointment for any
20-17 period set by the court.
20-18 (Sections 107.017-107.030 reserved for expansion
20-19 SUBCHAPTER C. OTHER COURT APPOINTMENTS
20-20 Sec. 107.031 <107.004>. VOLUNTEER ADVOCATES. (a) In a suit
20-21 filed by a governmental entity, the court may appoint a person who
20-22 has received the court's approved training and who has been
20-23 certified by the court to appear at court hearings as a volunteer
20-24 advocate on behalf of the child.
20-25 (b) In addition, the court may appoint a group of
20-26 court-certified volunteers to serve as an administrative review
20-27 board to advise the court as to the conservatorship appointment and
21-1 the placement of the child by the Department of Protective and
21-2 Regulatory Services <department> or authorized agency in substitute
21-3 care.
21-4 (c) A court-appointed volunteer, a board member or employee
21-5 of a volunteer advocate charitable organization, or a member of an
21-6 administrative review board <person> is not liable for civil
21-7 damages for a recommendation made or opinion rendered while serving
21-8 or having served as a court-appointed volunteer, board member or
21-9 employee of a volunteer advocate charitable organization, or member
21-10 of an administrative review board under this section unless the act
21-11 or failure to act is wilfully wrongful, committed with conscious
21-12 indifference or reckless disregard for the safety of another,
21-13 committed in bad faith or with malice, or is grossly negligent.
21-14 (Sections 107.032-107.050 reserved for expansion
21-15 SUBCHAPTER D. SOCIAL STUDY
21-16 Sec. 107.051 <107.005>. ORDER FOR SOCIAL STUDY. (a) The
21-17 court may order the preparation of a social study into the
21-18 circumstances and condition of the child and of the home of any
21-19 person requesting managing conservatorship or possession of the
21-20 child.
21-21 (b) The social study may be made by a state agency,
21-22 including the Department of Protective and Regulatory Services
21-23 <department>, or a person appointed by the court.
21-24 (c) In a suit in which adoption is requested or possession
21-25 of or access to the child is an issue and in which the Department
21-26 of Protective and Regulatory Services is not a party or has no
21-27 interest, the court shall appoint a private agency or person to
22-1 conduct the social study.
22-2 Sec. 107.052. STANDARDS FOR CONDUCTING SOCIAL STUDY. (a)
22-3 The court may appoint an investigator to conduct the social study
22-4 required by this section who has the qualifications established by
22-5 the rules of the Department of Protective and Regulatory Services
22-6 <department> providing minimum qualifications for persons who may
22-7 conduct social studies. If the Department of Protective and
22-8 Regulatory Services <department> or another governmental entity is
22-9 appointed, the person who conducts the investigation and makes the
22-10 report must also have those qualifications.
22-11 (b) <(d)> A study made under this section shall comply with
22-12 the rules of the Department of Protective and Regulatory Services
22-13 <department> establishing minimum standards, guidelines, and
22-14 procedures for social studies or the criteria established by the
22-15 court.
22-16 (c) <(e)> The social study shall contain any history of
22-17 physical, sexual, or emotional abuse suffered by the child.
22-18 <(f) In a suit in which adoption is requested or possession
22-19 of or access to the child is an issue and in which the department
22-20 is not a party or has no interest, the court shall appoint a
22-21 private agency or person to conduct the social study.>
22-22 Sec. 107.053. PROSPECTIVE ADOPTIVE PARENTS TO RECEIVE COPY.
22-23 <(g)> In all adoptions a copy of the report shall be made
22-24 available to the prospective adoptive parents prior to a final
22-25 order of adoption.
22-26 Sec. 107.054. REPORT FILED WITH COURT. <(h)> The agency or
22-27 person making the social study shall file with the court on a date
23-1 set by the court a report containing its findings and conclusions.
23-2 The report shall be made a part of the record of the suit.
23-3 Sec. 107.055. INTRODUCTION OF REPORT AT TRIAL.
23-4 (a) <(i)> Disclosure to the jury of the contents of a report to
23-5 the court of a social study is subject to the rules of evidence.
23-6 (b) <(j)> In a contested case, the agency or person making
23-7 the social study shall furnish copies of the report to the
23-8 attorneys for the parties before the earlier of:
23-9 (1) the seventh day after the date the social study is
23-10 completed; or
23-11 (2) the fifth day before the date of commencement of
23-12 the trial.
23-13 (c) <(k)> The court may compel the attendance of witnesses
23-14 necessary for the proper disposition of the suit, including a
23-15 representative of the agency making the social study, who may be
23-16 compelled to testify.
23-17 Sec. 107.056. PREPARATION FEE. <(l)> If the court orders
23-18 <the department to prepare> a social study to be conducted and a
23-19 report to be prepared, the court shall award the agency or other
23-20 person <department> a reasonable fee for the preparation of the
23-21 study that shall be taxed as costs and paid directly to the agency
23-22 or other person <department>. The person or agency <department>
23-23 may enforce the order for the fee <in the department's own name>.
23-24 SECTION 18. Section 108.001, Family Code, as added by House
23-25 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
23-26 amended to read as follows:
23-27 Sec. 108.001. TRANSMITTAL OF RECORDS OF SUIT BY CLERK. (a)
24-1 Except as provided by this chapter, the clerk of the court shall
24-2 transmit to the bureau of vital statistics <department> a certified
24-3 record <copy> of the order rendered in a suit, together with the
24-4 name and all prior names, birth date, and place of birth of the
24-5 child prepared by the petitioner on a form provided by the bureau.
24-6 (b) The bureau of vital statistics <department> shall
24-7 maintain these records in a central file according to the name,
24-8 birth date, and place of birth of the child, the court that
24-9 rendered the order, and the docket number of the suit.
24-10 (c) All the records required under this section to be
24-11 maintained by the bureau of vital statistics and the records of a
24-12 child-placing agency that has ceased operations <department> are
24-13 confidential and no person is entitled to access to or information
24-14 from these records except for good cause <as provided by this
24-15 subtitle or> on an order of the court that rendered the order <for
24-16 good cause>.
24-17 SECTION 19. Section 108.003, Family Code, as added by House
24-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
24-19 amended to read as follows:
24-20 Sec. 108.003. TRANSMITTAL OF INFORMATION REGARDING <FILES
24-21 OF> ADOPTION. (a) The <On rendition of an order of adoption, the>
24-22 clerk of a <the> court that renders a decree of adoption shall, not
24-23 later than the 10th day of the first month after the month in which
24-24 the adoption is rendered, transmit to the central registry of the
24-25 bureau of vital statistics <department:>
24-26 <(1) a complete file in the case, including all
24-27 pleadings, papers, studies, and records in the suit other than the
25-1 minutes of the court, if the petitioner has requested that the
25-2 complete file be sent, or a certified copy of the petition and
25-3 order of adoption, excluding pleadings, papers, studies, and
25-4 records relating to a suit for divorce or annulment or to declare a
25-5 marriage void; and>
25-6 <(2)> a certified report of adoption that includes:
25-7 (1) <(A)> the name of the adopted child after adoption
25-8 as shown in the adoption order;
25-9 (2) <(B)> the birth date of the adopted child;
25-10 (3) <(C)> the docket number of the adoption suit;
25-11 (4) <(D)> the identity of the court rendering the
25-12 adoption;
25-13 (5) <(E)> the date of the adoption order;
25-14 (6) <(F)> the name and address of each parent,
25-15 guardian, managing conservator, or other person whose consent to
25-16 adoption was required or waived under Chapter 159 <23>, or whose
25-17 parental rights were terminated in the adoption suit;
25-18 (7) <(G)> the identity of the licensed child placing
25-19 agency, if any, through which the adopted child was placed for
25-20 adoption; and
25-21 (8) <(H)> the identity, address, and telephone number
25-22 of the registry through which the adopted child may register as an
25-23 adoptee.
25-24 (b) Except for good cause shown or on an order of the court
25-25 that granted the adoption or terminated the proceedings under
25-26 Section 155.001, the records concerning a child maintained by the
25-27 district clerk after rendition of a decree of adoption, the records
26-1 of a child-placing agency that has ceased operations, and the
26-2 records required under this section to be maintained by the bureau
26-3 of vital statistics are confidential, and no person is entitled to
26-4 access to or information from these records.
26-5 SECTION 20. Section 108.004, Family Code, as added by House
26-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
26-7 amended to read as follows:
26-8 Sec. 108.004. TRANSMITTAL OF FILES ON LOSS OF JURISDICTION.
26-9 On the loss of jurisdiction of a court under Chapter 155, the clerk
26-10 of the court shall transmit to the central registry of the bureau
26-11 of vital statistics a certified record, on a form provided by the
26-12 bureau, stating that jurisdiction has been lost, the reason for the
26-13 loss of jurisdiction, and the name and all previous names, date of
26-14 birth, and place of birth of the child <department:>
26-15 <(1) a complete file in the case, including all
26-16 pleadings, papers, studies, and records in the suit other than the
26-17 minutes of the court, if the petitioner has requested that a
26-18 complete file be sent; or>
26-19 <(2) a certified copy of the petition, excluding
26-20 pleadings, papers, studies, and records relating to a suit for
26-21 divorce or annulment or to declare a marriage void>.
26-22 SECTION 21. Section 108.005, Family Code, as added by House
26-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
26-24 amended to read as follows:
26-25 Sec. 108.005. ADOPTION RECORDS RECEIVED BY BUREAU OF VITAL
26-26 STATISTICS <DEPARTMENT>. (a) When the bureau of vital statistics
26-27 <department> receives records from the district clerk, the bureau
27-1 <the complete file or petition and order of adoption, it> shall
27-2 close the records concerning that child. Except for statistical
27-3 purposes, the bureau <department> may not disclose any information
27-4 concerning the prior proceedings affecting the child. Except as
27-5 provided in Chapter 162, any subsequent inquiry concerning the
27-6 child who has been adopted shall be handled as though the child had
27-7 not been previously the subject of a suit affecting the
27-8 parent-child relationship. The bureau shall provide to the
27-9 Department of Protective and Regulatory Services registry
27-10 information as necessary for the department to comply with federal
27-11 law or regulations regarding the compilation or reporting of
27-12 adoption information to federal officials and other information as
27-13 necessary for the department to administer the central registry as
27-14 provided in Subchapter E, Chapter 162.
27-15 (b) On the receipt of additional records concerning a child
27-16 who has been the subject of a suit affecting the parent-child
27-17 relationship in which the records have been closed, a new file
27-18 shall be made and maintained.
27-19 SECTION 22. Section 108.006, Family Code, as added by House
27-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
27-21 amended to read as follows:
27-22 Sec. 108.006. FEES. (a) The bureau of vital statistics
27-23 <department> may charge a reasonable fee to cover the cost of
27-24 determining and sending information concerning the identity of the
27-25 court with continuing, exclusive jurisdiction.
27-26 (b) On the filing of a suit requesting the adoption of a
27-27 child, the clerk of the court shall collect an additional fee of
28-1 $15.
28-2 (c) The clerk shall send the fees collected under Subsection
28-3 (b) to the bureau of vital statistics for deposit in a special fund
28-4 in the state treasury from which the legislature may appropriate
28-5 money only to operate and maintain the central file and central
28-6 registry of the bureau <department>.
28-7 (d) The receipts from the fees charged under Subsection (a)
28-8 shall be deposited in a financial institution as determined by the
28-9 <executive> director of the bureau of vital statistics <department>
28-10 and withdrawn as necessary for the sole purpose of operating and
28-11 maintaining the central record file.
28-12 <(e) The funds received under Subsection (b) shall be
28-13 deposited in a special account in the general revenue fund. Funds
28-14 in the account may only be used for the operation of the central
28-15 record file. Sections 403.094 and 403.095, Government Code, do not
28-16 apply to the special account.>
28-17 SECTION 23. Section 108.007, Family Code, as added by House
28-18 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
28-19 amended to read as follows:
28-20 Sec. 108.007. MICROFILM. (a) The bureau of vital
28-21 statistics <department> may use microfilm or other suitable means
28-22 for maintaining the central record file.
28-23 (b) A certified reproduction of a document maintained by the
28-24 bureau of vital statistics <department> is admissible in evidence
28-25 as the original document.
28-26 SECTION 24. Section 151.002(b), Family Code, as added by
28-27 House Bill 655, Acts of the 74th Legislature, Regular Session,
29-1 1995, is amended to read as follows:
29-2 (b) A presumption under this section may be rebutted as
29-3 provided by Section 160.110 <only by clear and convincing evidence.
29-4 If two or more presumptions arise that conflict, the presumption
29-5 that is founded on the weightier considerations of policy and logic
29-6 controls. The presumption is rebutted by a court order
29-7 establishing paternity of the child by another man>.
29-8 SECTION 25. Section 151.003(a), Family Code, as added by
29-9 House Bill 655, Acts of the 74th Legislature, Regular Session,
29-10 1995, is amended to read as follows:
29-11 (a) A parent of a child has the following rights and duties:
29-12 (1) the right to have physical possession, to direct
29-13 the moral and religious training, and to establish the residence of
29-14 the child;
29-15 (2) the duty of care, control, protection, and
29-16 reasonable discipline of the child;
29-17 (3) the duty to support the child, including providing
29-18 the child with clothing, food, shelter, medical and dental care,
29-19 and education;
29-20 (4) the duty, except when a guardian of the child's
29-21 estate has been appointed, to manage the estate of the child,
29-22 including the right <a power> as an agent of the child to act in
29-23 relation to the child's estate if the child's action is required by
29-24 a state, the United States, or a foreign government;
29-25 (5) the right to the services and earnings of the
29-26 child;
29-27 (6) the right to consent to the child's marriage,
30-1 enlistment in the armed forces of the United States, medical and
30-2 dental care, and psychiatric, psychological, and surgical
30-3 treatment;
30-4 (7) the right to represent the child in legal action
30-5 and to make other decisions of substantial legal significance
30-6 concerning the child;
30-7 (8) the right to receive and give receipt for payments
30-8 for the support of the child and to hold or disburse funds for the
30-9 benefit of the child;
30-10 (9) the right to inherit from and through the child;
30-11 <and>
30-12 (10) the right to make decisions concerning the
30-13 child's education; and
30-14 (11) any other right or duty existing between a parent
30-15 and child by virtue of law.
30-16 SECTION 26. Section 152.003, Family Code, as added by House
30-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
30-18 amended by adding Subsection (e) to read as follows:
30-19 (e) A court that has jurisdiction of a suit under Subsection
30-20 (a)(3) for which a court in another state may exercise jurisdiction
30-21 under prerequisites substantially in accordance with Subsection
30-22 (a)(1) or (2) may enter only a temporary order to protect the
30-23 child. The suit shall be dismissed in this state on the date a
30-24 court of competent jurisdiction in another state signs an order in
30-25 the suit or on the 91st day after the date the court in this state
30-26 exercised its jurisdiction, whichever date occurs first.
30-27 SECTION 27. Section 153.001, Family Code, as added by House
31-1 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
31-2 amended to read as follows:
31-3 Sec. 153.001. PUBLIC POLICY. (a) The public policy of this
31-4 state is to:
31-5 (1) assure that children will have frequent and
31-6 continuing contact with parents who have shown the ability to act
31-7 in the best interest of the child;
31-8 (2) provide a stable environment for the child; and
31-9 (3) encourage parents to share in the rights and
31-10 duties of raising their child after the parents have separated or
31-11 dissolved their marriage.
31-12 (b) A court may not render an order that conditions the
31-13 right of a conservator to possession of or access to a child on the
31-14 payment of child support.
31-15 SECTION 28. Subchapter A, Chapter 153, Family Code, as added
31-16 by House Bill 655, Acts of the 74th Legislature, Regular Session,
31-17 1995, is amended by adding Section 153.0025 to read as follows:
31-18 Sec. 153.0025. EDUCATION REGARDING EFFECT OF SUIT ON
31-19 CHILDREN. (a) In a suit affecting the parent-child relationship,
31-20 the court may order any party to the suit to attend a four-hour
31-21 course regarding the effect of suits affecting the parent-child
31-22 relationship on children.
31-23 (b) Only a person or group approved by the court may conduct
31-24 a course under this section. An individual conducting the course
31-25 must have a background in parent education or family therapy.
31-26 (c) A course conducted under this section must include
31-27 information regarding:
32-1 (1) the developmental stages of children, including
32-2 the needs and expectations of children at different ages;
32-3 (2) indicators of stress in children;
32-4 (3) reduction of stress for a child whose parents are
32-5 separated or divorcing;
32-6 (4) the grief process;
32-7 (5) changing parental and marital roles in our
32-8 society;
32-9 (6) visitation recommendations for enhancing a child's
32-10 relationship with both parents;
32-11 (7) financial obligations of raising a child; and
32-12 (8) conflict management and dispute resolution.
32-13 (d) On a party's failure to attend or complete a course that
32-14 the party is ordered to attend under this section, the court may
32-15 take appropriate action, including holding that party in contempt
32-16 of court, striking pleadings, or invoking any of the sanctions
32-17 provided by Rule 215, Texas Rules of Civil Procedure.
32-18 (e) A court ordering a party to attend a course under this
32-19 section may order the party to pay a reasonable fee set by the
32-20 court for the course.
32-21 (f) A court may not order a party to attend a course under
32-22 this section if the proceeding was brought by the Department of
32-23 Protective and Regulatory Services, the office of the attorney
32-24 general, or a party seeking a protective order under Chapter 71.
32-25 SECTION 29. Section 153.007(c), Family Code, as added by
32-26 House Bill 655, Acts of the 74th Legislature, Regular Session,
32-27 1995, is amended to read as follows:
33-1 (c) Terms of the agreement contained in the order or
33-2 incorporated by reference regarding conservatorship or support of
33-3 or access to a child in an order may be enforced by all remedies
33-4 available for enforcement of a judgment, including contempt, but
33-5 are not enforceable as a contract <terms unless provided by the
33-6 agreement>.
33-7 SECTION 30. Subchapter A, Chapter 153, Family Code, as added
33-8 by House Bill 655, Acts of the 74th Legislature, Regular Session,
33-9 1995, is amended by adding Section 153.0071 to read as follows:
33-10 Sec. 153.0071. ALTERNATE DISPUTE RESOLUTION PROCEDURES. (a)
33-11 On written agreement of the parties, the court may refer a suit
33-12 affecting the parent-child relationship to arbitration. The
33-13 agreement must state whether the arbitration is binding or
33-14 non-binding.
33-15 (b) If the parties agree to binding arbitration, the court
33-16 shall render an order reflecting the arbitrator's award unless the
33-17 court determines at a non-jury hearing that the award is not in the
33-18 best interest of the child. The burden of proof at a hearing under
33-19 this subsection is on the party seeking to avoid rendition of an
33-20 order based on the arbitrator's award.
33-21 (c) On the written agreement of the parties or on the
33-22 court's own motion, the court may refer a suit affecting the
33-23 parent-child relationship to mediation.
33-24 (d) A mediated settlement agreement is binding on the
33-25 parties if the agreement:
33-26 (1) provides in a separate paragraph an underlined
33-27 statement that the agreement is not subject to revocation;
34-1 (2) is signed by each party to the agreement; and
34-2 (3) is signed by the party's attorney, if any, who is
34-3 present at the time the agreement is signed.
34-4 (e) If a mediated settlement agreement meets the
34-5 requirements of Subsection (d), a party is entitled to judgment on
34-6 the mediated settlement agreement notwithstanding Rule 11, Texas
34-7 Rules of Civil Procedure, or another rule of law.
34-8 (f) The procedures and remedies provided by this section
34-9 apply to an action brought under Title 1.
34-10 SECTION 31. Subchapter A, Chapter 153, as added by House
34-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
34-12 amended by adding Section 153.013 to read as follows:
34-13 Sec. 153.013. FALSE REPORT OF CHILD ABUSE. (a) If a party
34-14 to a pending suit affecting the parent-child relationship makes a
34-15 report alleging child abuse by another party to the suit that the
34-16 reporting party knows lacks a factual foundation, the court shall
34-17 deem the report to be a knowingly false report.
34-18 (b) Evidence of a false report of child abuse is admissible
34-19 in a suit between the involved parties regarding the terms of
34-20 conservatorship of a child.
34-21 SECTION 32. Section 153.073(a), Family Code, as added by
34-22 House Bill 655, Acts of the 74th Legislature, Regular Session,
34-23 1995, is amended to read as follows:
34-24 (a) Unless limited by court order, a parent appointed as a
34-25 conservator of a child has at all times the right:
34-26 (1) as specified by court order:
34-27 (A) to receive information from the other parent
35-1 concerning the health, education, and welfare of the child; and
35-2 (B) <(2)> to confer with the other parent to the
35-3 extent possible before making a decision concerning the health,
35-4 education, and welfare of the child;
35-5 (2) <(3)> of access to medical, dental, psychological,
35-6 and educational records of the child;
35-7 (3) <(4)> to consult with a physician, dentist, or
35-8 psychologist of the child;
35-9 (4) <(5)> to consult with school officials concerning
35-10 the child's welfare and educational status, including school
35-11 activities;
35-12 (5) <(6)> to attend school activities;
35-13 (6) <(7)> to be designated on the child's records as a
35-14 person to be notified in case of an emergency;
35-15 (7) <(8)> to consent to medical, dental, and surgical
35-16 treatment during an emergency involving an immediate danger to the
35-17 health and safety of the child; and
35-18 (8) <(9)> to manage the estate of the child to the
35-19 extent the estate has been created by the parent or the parent's
35-20 family.
35-21 SECTION 33. Section 153.074, Family Code, as added by House
35-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
35-23 amended to read as follows:
35-24 Sec. 153.074. RIGHTS AND DUTIES DURING PERIOD OF POSSESSION.
35-25 Unless limited by court order, a parent appointed as a conservator
35-26 of a child has the following rights and duties during the period
35-27 that the parent has possession of the child:
36-1 (1) the duty of care, control, protection, and
36-2 reasonable discipline of the child;
36-3 (2) the duty to support the child, including providing
36-4 the child with clothing, food, shelter, and medical and dental care
36-5 not involving an invasive procedure; <and>
36-6 (3) the right to consent for the child to medical and
36-7 dental care not involving an invasive procedure;
36-8 (4) the right to consent for the child to medical,
36-9 dental, and surgical treatment during an emergency involving
36-10 immediate danger to the health and safety of the child; and
36-11 (5) the right to direct the moral and religious
36-12 training of the child.
36-13 SECTION 34. Section 153.132, Family Code, as added by House
36-14 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
36-15 amended to read as follows:
36-16 Sec. 153.132. RIGHTS AND DUTIES OF PARENT APPOINTED SOLE
36-17 MANAGING CONSERVATOR. Unless limited by court order, a parent
36-18 appointed as sole managing conservator of a child has the rights
36-19 and duties provided by Subchapter B and the following exclusive
36-20 rights:
36-21 (1) the right to establish the primary residence of
36-22 the child;
36-23 (2) the right to consent to medical, dental, and
36-24 surgical treatment involving invasive procedures, and to consent to
36-25 psychiatric and psychological treatment;
36-26 (3) the right to receive and give receipt for periodic
36-27 payments for the support of the child and to hold or disburse these
37-1 funds for the benefit of the child;
37-2 (4) the right to represent the child in legal action
37-3 and to make other decisions of substantial legal significance
37-4 concerning the child;
37-5 (5) the right to consent to marriage and to enlistment
37-6 in the armed forces of the United States;
37-7 (6) the right to make decisions concerning the child's
37-8 education;
37-9 (7) the right to the services and earnings of the
37-10 child; and
37-11 (8) <(7)> except when a guardian of the child's estate
37-12 or a guardian or attorney ad litem has been appointed for the
37-13 child, the right to act as an agent of the child in relation to the
37-14 child's estate if the child's action is required by a state, the
37-15 United States, or a foreign government.
37-16 SECTION 35. Section 153.371, Family Code, as added by House
37-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
37-18 amended to read as follows:
37-19 Sec. 153.371. RIGHTS AND DUTIES OF NONPARENT APPOINTED AS
37-20 SOLE MANAGING CONSERVATOR. Unless limited by court order or other
37-21 provisions of this chapter, a nonparent, licensed child-placing
37-22 agency, or authorized agency appointed as a managing conservator of
37-23 the child has the following rights and duties:
37-24 (1) the right to have physical possession and <,> to
37-25 direct the moral and religious training<, and to establish the
37-26 primary residence> of the child;
37-27 (2) the duty of care, control, protection, and
38-1 reasonable discipline of the child;
38-2 (3) the duty to provide the child with clothing, food,
38-3 shelter, <and> education, and medical, psychological, and dental
38-4 care;
38-5 (4) the right to consent for the child to medical,
38-6 psychiatric, psychological, dental, and surgical treatment;
38-7 (5) the right to receive and give receipt for payments
38-8 for the support of the child and to hold or disburse funds for the
38-9 benefit of the child;
38-10 (6) the right to the services and earnings of the
38-11 child;
38-12 (7) the right to consent to marriage and to enlistment
38-13 in the armed forces of the United States;
38-14 (8) the right to represent the child in legal action
38-15 and to make other decisions of substantial legal significance
38-16 concerning the child;
38-17 (9) except when a guardian of the child's estate or a
38-18 guardian or attorney ad litem has been appointed for the child, the
38-19 right to act as an agent of the child in relation to the child's
38-20 estate if the child's action is required by a state, the United
38-21 States, or a foreign government; <and>
38-22 (10) the right to establish the primary residence of
38-23 the child and to make decisions regarding the child's education;
38-24 and
38-25 (11) if the parent-child relationship has been
38-26 terminated with respect to the parents, or only living parent, or
38-27 if there is no living parent, the right to consent to the adoption
39-1 of the child and to make any other decision concerning the child
39-2 that a parent could make.
39-3 SECTION 36. Section 153.256, Family Code, as added by House
39-4 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
39-5 amended to read as follows:
39-6 Sec. 153.256. FACTORS FOR COURT TO CONSIDER. In ordering
39-7 the terms of possession of a child under an order other than a
39-8 standard possession order, the court shall be guided by the
39-9 guidelines established by the standard possession order and may
39-10 consider:
39-11 (1) the age, developmental status, circumstances,
39-12 needs, and best interest of the child;
39-13 (2) the circumstances of the managing conservator and
39-14 of the parent named as a possessory conservator; and
39-15 (3) any other relevant factor.
39-16 SECTION 37. Section 153.313, Family Code, as added by House
39-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
39-18 amended to read as follows:
39-19 Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If
39-20 the possessory conservator resides more than 100 miles from the
39-21 residence of the child, the possessory conservator shall have the
39-22 right to possession of the child as follows:
39-23 (1) either regular weekend possession beginning on the
39-24 first, third, and fifth Friday as provided under the terms
39-25 applicable to parents who reside 100 miles or less apart or not
39-26 more than one weekend per month of the possessory conservator's
39-27 choice beginning at 6 p.m. on the day school recesses for the
40-1 weekend and ending at 6 p.m. on the day before school resumes after
40-2 the weekend, provided that the possessory conservator gives the
40-3 managing conservator 14 <seven> days' written or telephonic notice
40-4 preceding a designated weekend, and provided that the possessory
40-5 conservator elects an option for this alternative period of
40-6 possession by written notice given to the managing conservator
40-7 within 90 days after the parties begin to reside more than 100
40-8 miles apart, as applicable;
40-9 (2) each year beginning on the day the child is
40-10 dismissed from school for the school's spring vacation and ending
40-11 at 6 p.m. on the day before school resumes after that vacation;
40-12 (3) if the possessory conservator:
40-13 (A) gives the managing conservator written
40-14 notice by May 1 of each year specifying an extended period or
40-15 periods of summer possession, the possessory conservator shall have
40-16 possession of the child for 42 days beginning not earlier than the
40-17 day after the child's school is dismissed for the summer vacation
40-18 and ending not later than seven days before school resumes at the
40-19 end of the summer vacation, to be exercised in not more than two
40-20 separate periods of at least seven consecutive days each; or
40-21 (B) does not give the managing conservator
40-22 written notice by May 1 of each year specifying an extended period
40-23 or periods of summer possession, the possessory conservator shall
40-24 have possession of the child for 42 consecutive days beginning at 6
40-25 p.m. on June 15 and ending at 6 p.m. on July 27;
40-26 (4) if the managing conservator gives the possessory
40-27 conservator written notice by June 1 of each year the managing
41-1 conservator shall have possession of the child on one weekend
41-2 beginning Friday at 6 p.m. and ending at 6 p.m. on the following
41-3 Sunday during one period of possession by the possessory
41-4 conservator under Subdivision (3), provided that if a period of
41-5 possession by the possessory conservator exceeds 30 days, the
41-6 managing conservator may have possession of the child under the
41-7 terms of this subdivision on two nonconsecutive weekends during
41-8 that time period, and further provided that the managing
41-9 conservator picks up the child from the possessory conservator and
41-10 returns the child to that same place; and
41-11 (5) if the managing conservator gives the possessory
41-12 conservator written notice by June 1 <May 15> of each year <or
41-13 gives the possessory conservator 30 days' written notice on or
41-14 after May 16 of each year>, the managing conservator may designate
41-15 21 days beginning not earlier than the day after the child's school
41-16 is dismissed for the summer vacation and ending not later than
41-17 seven days before school resumes at the end of the summer vacation,
41-18 to be exercised in not more than two separate periods of at least
41-19 seven consecutive days each, during which the possessory
41-20 conservator may not have possession of the child, provided that the
41-21 period or periods so designated do not interfere with the
41-22 possessory conservator's period or periods of extended summer
41-23 possession or with Father's Day if the possessory conservator is
41-24 the father of the child.
41-25 SECTION 38. Section 153.374(a), Family Code, as added by
41-26 House Bill 655, Acts of the 74th Legislature, Regular Session,
41-27 1995, is amended to read as follows:
42-1 (a) A parent may designate a competent person, authorized
42-2 agency, or licensed child-placing agency to serve as managing
42-3 conservator of the child in an unrevoked or irrevocable affidavit
42-4 of relinquishment of parental rights executed as provided by
42-5 Chapter 161 <22>.
42-6 SECTION 39. Section 154.001, Family Code, as added by House
42-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
42-8 amended to read as follows:
42-9 Sec. 154.001. SUPPORT OF CHILD. (a) The court may order
42-10 either or both parents to support a child in the manner specified
42-11 by the order:
42-12 (1) until the child is 18 years of age or until
42-13 graduation from high school, whichever occurs later;
42-14 (2) until the child is emancipated through marriage,
42-15 through removal of the disabilities of minority by court order, or
42-16 by other operation of law;
42-17 (3) until the death of the child; or
42-18 (4) if the child is disabled as defined in this
42-19 chapter, for an indefinite period.
42-20 (b) The court may order either or both parents to make
42-21 periodic payments for the support of a child in a proceeding in
42-22 which the Department of Protective and Regulatory Services is named
42-23 temporary managing conservator. In a proceeding in which the
42-24 Department of Protective and Regulatory Services is named permanent
42-25 managing conservator of a child whose parents' rights have not been
42-26 terminated, the court shall order each parent that is financially
42-27 able to make periodic payments for the support of the child.
43-1 SECTION 40. Subchapter A, Chapter 154, Family Code, as added
43-2 by House Bill 655, Acts of the 74th Legislature, Regular Session,
43-3 1995, is amended by adding Section 154.011 to read as follows:
43-4 Sec. 154.011. SUPPORT NOT CONDITIONED ON POSSESSION OR
43-5 ACCESS. A court may not render an order that conditions the
43-6 payment of child support on whether a managing conservator allows a
43-7 possessory conservator to have possession of or access to a child.
43-8 SECTION 41. Section 154.062(d), Family Code, as added by
43-9 House Bill 655, Acts of the 74th Legislature, Regular Session,
43-10 1995, is amended to read as follows:
43-11 (d) The court shall deduct the following items from
43-12 resources to determine the net resources available for child
43-13 support:
43-14 (1) social security taxes;
43-15 (2) federal income tax based on the tax rate for a
43-16 single person claiming one personal exemption and the standard
43-17 deduction;
43-18 (3) state income tax;
43-19 (4) union dues; and
43-20 (5) <(4)> expenses for health insurance coverage for
43-21 the obligor's child.
43-22 SECTION 42. Section 154.241, Family Code, as added by House
43-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
43-24 amended by adding Subsection (e) to read as follows:
43-25 (e) Subject to Section 154.004, at the request of an
43-26 obligee, a local registry shall redirect and forward a child
43-27 support payment to an address and in care of a person or entity
44-1 designated by the obligee. A local registry may require that the
44-2 obligee's request be in writing or be made on a form provided by
44-3 the local registry for that purpose, but may not charge a fee for
44-4 receiving the request or redirecting the payments as requested.
44-5 SECTION 43. Subchapter F, Chapter 154, Family Code, as added
44-6 by House Bill 655, Acts of the 74th Legislature, Regular Session,
44-7 1995, is amended by adding Section 154.309 to read as follows:
44-8 Sec. 154.309. POSSESSION OF OR ACCESS TO ADULT DISABLED
44-9 CHILD. (a) A court may render an order for the possession of or
44-10 access to an adult disabled child that is appropriate under the
44-11 circumstances.
44-12 (b) Possession of or access to an adult disabled child is
44-13 enforceable in the manner provided by Chapter 157. An adult
44-14 disabled child may refuse possession or access if the adult
44-15 disabled child is mentally competent.
44-16 (c) A court that obtains continuing, exclusive jurisdiction
44-17 of a suit affecting the parent-child relationship involving a
44-18 disabled person who is a child retains continuing, exclusive
44-19 jurisdiction of subsequent proceedings involving the person,
44-20 including proceedings after the person is an adult.
44-21 SECTION 44. Sections 155.101(a), (b), and (d), Family Code,
44-22 as added by House Bill 655, Acts of the 74th Legislature, Regular
44-23 Session, 1995, are amended to read as follows:
44-24 (a) The petitioner or the court shall request from the
44-25 bureau of vital statistics <Department of Protective and Regulatory
44-26 Services> identification of the court that last had continuing,
44-27 exclusive jurisdiction of the child in a suit unless:
45-1 (1) the petition alleges that no court has continuing,
45-2 exclusive jurisdiction of the child and the issue is not disputed
45-3 by the pleadings; or
45-4 (2) the petition alleges that the court in which the
45-5 suit, petition for further remedy, or petition to modify has been
45-6 filed has acquired and retains continuing, exclusive jurisdiction
45-7 of the child as the result of a prior proceeding and the issue is
45-8 not disputed by the pleadings.
45-9 (b) The bureau of vital statistics <department> shall, on
45-10 the written request of the court, an attorney, or a party:
45-11 (1) identify the court that last had continuing,
45-12 exclusive jurisdiction of the child in a suit and give the docket
45-13 number of the suit; or
45-14 (2) state that the child has not been the subject of a
45-15 suit.
45-16 (d) The bureau of vital statistics <department> shall
45-17 transmit the information not later than the 10th day after the date
45-18 on which the request is received.
45-19 SECTION 45. Section 155.103, Family Code, as added by House
45-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
45-21 amended to read as follows:
45-22 Sec. 155.103. RELIANCE ON BUREAU OF VITAL STATISTICS
45-23 <DEPARTMENT> INFORMATION. (a) A court shall have jurisdiction
45-24 over a suit if it has been, correctly or incorrectly, informed by
45-25 the bureau of vital statistics <Department of Protective and
45-26 Regulatory Services> that the child has not been the subject of a
45-27 suit and the petition states that no other court has continuing,
46-1 exclusive jurisdiction over the child.
46-2 (b) If the bureau of vital statistics <department> notifies
46-3 the court that the bureau <department> has furnished incorrect
46-4 information regarding the existence of another court with
46-5 continuing, exclusive jurisdiction before the rendition of a final
46-6 order, the provisions of this chapter apply.
46-7 SECTION 46. Section 155.104, Family Code, as added by House
46-8 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
46-9 amended to read as follows:
46-10 Sec. 155.104. VOIDABLE ORDER. (a) If a request for
46-11 information from the bureau of vital statistics <Department of
46-12 Protective and Regulatory Services> relating to the identity of the
46-13 court having continuing, exclusive jurisdiction of the child has
46-14 been made under this subchapter, a final order, except an order of
46-15 dismissal, may not be rendered until the information is filed with
46-16 the court.
46-17 (b) If a final order is rendered in the absence of the
46-18 filing of the information from the bureau of vital statistics
46-19 <department>, the order is voidable on a showing that a court other
46-20 than the court that rendered the order had continuing, exclusive
46-21 jurisdiction.
46-22 SECTION 47. Section 156.101, Family Code, as added by House
46-23 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
46-24 amended to read as follows:
46-25 Sec. 156.101. GROUNDS FOR MODIFICATION OF SOLE MANAGING
46-26 CONSERVATORSHIP. (a) The court may modify an order that
46-27 designates a sole managing conservator of a child of any age if:
47-1 (1) the circumstances of the child, sole managing
47-2 conservator, possessory conservator, or other party affected by the
47-3 order have materially and substantially changed since the date of
47-4 the rendition of the order;
47-5 (2) the retention of the present sole managing
47-6 conservator would be injurious to the welfare of the child; and
47-7 (3) the appointment of the new sole managing
47-8 conservator would be a positive improvement for the child.
47-9 (b) The court may modify an order that designates a sole
47-10 managing conservator of a child 12 years of age or older if:
47-11 (1) the child has filed with the court in writing the
47-12 name of the person who is the child's choice for managing
47-13 conservator; and
47-14 (2) the court finds that the appointment of the named
47-15 person is in the best interest of the child.
47-16 SECTION 48. Section 156.203, Family Code, as added by House
47-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
47-18 amended to read as follows:
47-19 Sec. 156.203. MODIFICATION FROM JOINT MANAGING
47-20 CONSERVATORSHIP TO SOLE MANAGING CONSERVATORSHIP. The court may
47-21 replace a joint managing conservatorship with a sole managing
47-22 conservatorship if:
47-23 (1)(A) the child's present living environment may
47-24 endanger the child's physical health or significantly impair the
47-25 child's emotional development <welfare of the child is a matter of
47-26 immediate and serious concern>;
47-27 (B) there has been a substantial and unexcused
48-1 violation of the terms and conditions established in the existing
48-2 conservatorship order; or
48-3 (C) the circumstances of the child or of one or
48-4 both of the joint managing conservators have so materially and
48-5 substantially changed since the rendition of the order that it has
48-6 become unworkable or inappropriate under existing circumstances;
48-7 and
48-8 (2) the appointment of a sole managing conservator
48-9 would be a positive improvement for and in the best interest of the
48-10 child.
48-11 SECTION 49. Section 157.062(c), Family Code, as added by
48-12 House Bill 655, Acts of the 74th Legislature, Regular Session,
48-13 1995, is amended to read as follows:
48-14 (c) Notice <Except as provided in this chapter, the notice>
48-15 of hearing on a motion for enforcement of an existing order
48-16 providing for child support or possession of or access to a child
48-17 shall be given to the respondent by personal service of a copy of
48-18 the motion and notice not later than the 10th day before the date
48-19 of the hearing.
48-20 SECTION 50. Section 157.066, Family Code, as added by House
48-21 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
48-22 amended to read as follows:
48-23 Sec. 157.066. FAILURE TO APPEAR. <(a)> If a respondent who
48-24 has been personally served with <sent> notice <by first class mail>
48-25 to appear at a hearing does not appear at the designated time,
48-26 place, and date to respond to a motion for enforcement of an
48-27 existing court order, regardless of whether the motion is joined
49-1 with other claims or remedies, the court may not hold the
49-2 respondent in contempt but may, on proper proof, grant a default
49-3 judgment for the relief sought and <personal service of notice of a
49-4 hearing shall be attempted.>
49-5 <(b) The court shall> issue a capias for the arrest of the
49-6 respondent <a party if:>
49-7 <(1) the party is allegedly in arrears in
49-8 court-ordered child support payments;>
49-9 <(2) the party has been ordered as provided in Chapter
49-10 105 to provide the clerk of the court with the party's current
49-11 mailing address;>
49-12 <(3) the party did not appear at the hearing; and>
49-13 <(4) subsequently an attempt to serve notice of the
49-14 hearing by personal service on the party has been unsuccessful
49-15 despite diligent efforts to serve process at the latest address on
49-16 file with the clerk and at any other address known to the moving
49-17 party at which the respondent may be served>.
49-18 SECTION 51. Subchapter D, Chapter 157, Family Code, as added
49-19 by House Bill 655, Acts of the 74th Legislature, Regular Session,
49-20 1995, is amended by adding Section 157.168 to read as follows:
49-21 Sec. 157.168. ADDITIONAL PERIODS OF POSSESSION OR ACCESS. A
49-22 court may order additional periods of possession of or access to a
49-23 child to compensate for the denial of court-ordered possession or
49-24 access.
49-25 SECTION 52. Section 157.265, Family Code, as added by House
49-26 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
49-27 amended to read as follows:
50-1 Sec. 157.265. ACCRUAL OF INTEREST ON <DELINQUENT> CHILD
50-2 SUPPORT. (a) Interest accrues on delinquent child support at the
50-3 rate of 12 percent simple interest per year from the date the
50-4 support is delinquent until the date the support is paid or the
50-5 arrearages are confirmed and reduced to money judgment.
50-6 (b) Interest accrues on child support arrearages that have
50-7 been confirmed and reduced to money judgment as provided in this
50-8 subchapter at the rate of 12 percent simple interest per year from
50-9 the date the order is rendered until the date the judgment is paid.
50-10 (c) Interest accrues on a money judgment for retroactive or
50-11 lump-sum child support at the annual rate of 12 percent simple
50-12 interest from the date the order is rendered until the judgment is
50-13 paid.
50-14 SECTION 53. Subchapter F, Chapter 157, Family Code, as added
50-15 by House Bill 655, Acts of the 74th Legislature, Regular Session,
50-16 1995, is amended by adding Section 157.269 to read as follows:
50-17 Sec. 157.269. RETENTION OF JURISDICTION. A court that
50-18 renders an order providing for the payment of child support
50-19 arrearages retains jurisdiction until the arrearages are paid in
50-20 full as required by the court order.
50-21 SECTION 54. Subchapter A, Chapter 158, Family Code, as added
50-22 by House Bill 655, Acts of the 74th Legislature, Regular Session,
50-23 1995, is amended by adding Section 158.011 to read as follows:
50-24 Sec. 158.011. VOLUNTARY WITHHOLDING BY OBLIGOR. (a) An
50-25 obligor may file with the clerk of the court a notarized request
50-26 signed by the obligor and the obligee for the issuance and delivery
50-27 to the obligor's employer of a writ of withholding. A request may
51-1 be filed under this section regardless of whether a notice of
51-2 delinquency has been served on any party or of the existence or
51-3 amount of an arrearage.
51-4 (b) On receipt of a request under this section, the clerk
51-5 shall issue and deliver a writ of withholding in the manner
51-6 provided by this chapter.
51-7 (c) An employer that receives a writ of withholding issued
51-8 under this section may request a hearing in the same manner and
51-9 according to the same terms provided by Section 158.205.
51-10 (d) An obligor whose employer receives a writ of withholding
51-11 issued under this section may request a hearing in the manner
51-12 provided by Section 158.309.
51-13 (e) An obligee may contest a writ of withholding issued
51-14 under this section by requesting, not later than the 180th day
51-15 after the date on which the obligee discovers that the writ has
51-16 been issued, a hearing in the manner provided by Section 158.309.
51-17 (f) A writ of withholding under this section may not reduce
51-18 the total amount of child support, including arrearages, owed by
51-19 the obligor.
51-20 SECTION 55. Subchapter B, Chapter 158, Family Code, as added
51-21 by House Bill 655, Acts of the 74th Legislature, Regular Session,
51-22 1995, is amended by adding Section 158.107 to read as follows:
51-23 Sec. 158.107. FEES FOR ISSUING AND DELIVERING WRIT. The
51-24 clerk of the court may charge a fee in a reasonable amount set by
51-25 the clerk, not to exceed $15, for each writ issued and delivered
51-26 under this chapter to an employer by mail.
51-27 SECTION 56. Section 158.301(b), Family Code, as added by
52-1 House Bill 655, Acts of the 74th Legislature, Regular Session,
52-2 1995, is amended to read as follows:
52-3 (b) The notice of withholding may be filed in the court of
52-4 continuing jurisdiction by:
52-5 (1) the Title IV-D agency;
52-6 (2) the attorney representing the local domestic
52-7 relations office;
52-8 (3) the attorney appointed a friend of the court as
52-9 provided in Chapter 202; <or>
52-10 (4) the obligor or obligee; or
52-11 (5) a private attorney representing the obligor or
52-12 obligee.
52-13 SECTION 57. Section 158.303, Family Code, as added by House
52-14 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
52-15 amended to read as follows:
52-16 Sec. 158.303. INTERSTATE REQUEST FOR INCOME WITHHOLDING.
52-17 (a) In a Title IV-D case, the registration of a foreign support
52-18 order as provided in Chapter 159 <160> is sufficient for the filing
52-19 of a notice of withholding.
52-20 (b) The notice shall be filed with the clerk of the court
52-21 having venue as provided in Chapter 159 <160>.
52-22 (c) Notice of withholding may be delivered to the obligor at
52-23 the same time that an order is filed for registration under Chapter
52-24 159 <160>.
52-25 SECTION 58. Section 158.309(b), Family Code, as added by
52-26 House Bill 655, Acts of the 74th Legislature, Regular Session,
52-27 1995, is amended to read as follows:
53-1 (b) The court shall hold a hearing on the motion to stay not
53-2 later than the 30th day after the date the motion was filed, except
53-3 that a hearing on a motion to stay in a proceeding that is not in a
53-4 Title IV-D case may be held later than the 30th day after filing if
53-5 both the obligor and obligee agree and waive the right to have the
53-6 motion heard within 30 days.
53-7 SECTION 59. Subchapter D, Chapter 158, Family Code, as added
53-8 by House Bill 655, Acts of the 74th Legislature, Regular Session,
53-9 1995, is amended by adding Section 158.319 to read as follows:
53-10 Sec. 158.319. ISSUANCE AND DELIVERY OF WRIT OF WITHHOLDING
53-11 TO SUBSEQUENT EMPLOYER. (a) After the issuance of a writ of
53-12 withholding by the clerk, an attorney authorized to file a notice
53-13 of withholding under this subchapter may issue the writ of
53-14 withholding to a subsequent employer of the obligor by delivering
53-15 to the employer by certified mail a copy of the writ.
53-16 (b) The writ must include the name, address, and signature
53-17 of the attorney and clearly indicate that the writ is being issued
53-18 to a subsequent employer.
53-19 (c) The attorney shall file a copy of the writ with the
53-20 clerk not later than the third working day following delivery of
53-21 the writ to the subsequent employer. The attorney shall pay the
53-22 clerk a fee of $15 at the time the copy of the writ is filed.
53-23 (d) The attorney shall file the postal return receipt from
53-24 the delivery to the subsequent employer not later than the third
53-25 working day after the attorney receives the receipt.
53-26 SECTION 60. Subchapter E, Chapter 158, Family Code, as added
53-27 by House Bill 655, Acts of the 74th Legislature, Regular Session,
54-1 1995, is amended by adding new Sections 158.402 and 158.403 and
54-2 redesignating existing Sections 158.402 and 158.403 to read as
54-3 follows:
54-4 Sec. 158.402. EFFECT OF AGREEMENT BY PARTIES. If an obligor
54-5 and obligee agree on a reduction in or termination of child
54-6 support, the obligor and obligee may file a notarized request with
54-7 the clerk of the court under Section 158.011. The clerk shall
54-8 issue and deliver a writ of withholding to the obligor's employer
54-9 that reflects the agreed modification or the termination of
54-10 withholding.
54-11 Sec. 158.403. MODIFICATIONS TO OR TERMINATION OF WITHHOLDING
54-12 IN VOLUNTARY WITHHOLDING CASES. (a) If an obligor initiates
54-13 voluntary withholding under Section 158.011, the obligee or an
54-14 agency providing child support services may file with the clerk of
54-15 the court a notarized request signed by the obligor and the obligee
54-16 or agency, as appropriate, for the issuance and delivery to the
54-17 obligor of a:
54-18 (1) modified writ of withholding that reduces the
54-19 amount of withholding; or
54-20 (2) notice of termination of withholding.
54-21 (b) On receipt of a request under this section, the clerk
54-22 shall issue and deliver a modified writ of withholding or notice of
54-23 termination in the manner provided by Section 158.402.
54-24 (c) The clerk may charge a reasonable fee not to exceed $15
54-25 for filing the request.
54-26 (d) An obligee may contest a modified writ of withholding or
54-27 notice of termination issued under this section by requesting a
55-1 hearing in the manner provided by Section 158.309 not later than
55-2 the 180th day after the date the obligee discovers that the writ or
55-3 notice has been issued.
55-4 Sec. 158.404 <158.402>. DELIVERY OF ORDER OF REDUCTION OR
55-5 TERMINATION OF WITHHOLDING. If a court has rendered an order that
55-6 reduces the amount of child support to be withheld or terminates
55-7 withholding for child support, any person or governmental entity
55-8 may deliver to the employer a certified copy of the order without
55-9 the requirement that the clerk of the court deliver the order.
55-10 Sec. 158.405 <158.403>. LIABILITY OF EMPLOYERS. The
55-11 provisions of this chapter regarding the liability of employers for
55-12 withholding apply to an order that reduces or terminates
55-13 withholding.
55-14 SECTION 61. Section 160.101, Family Code, as added by House
55-15 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
55-16 amended to read as follows:
55-17 Sec. 160.101. DENIAL OF PATERNITY. (a) The presumption
55-18 that a <A> man <who> is the biological <a presumed> father of a
55-19 child under Chapter 151 may be contested by:
55-20 (1) <,> the biological mother of the child;
55-21 (2) a man presumed to be the father of the child, who
55-22 may contest his own or another man's presumed paternity;
55-23 (3) a man alleging himself to be the biological father
55-24 of the child; or
55-25 (4) <, or> a governmental entity, authorized agency,
55-26 or a licensed child-placing agency <is entitled in a suit to deny a
55-27 presumed father's paternity of the child>.
56-1 (b) A contest <The question> of paternity <under this
56-2 section> must be raised by an express statement denying paternity
56-3 of the child in a party's pleadings in the suit, without regard to
56-4 whether the presumed father or biological mother is a petitioner or
56-5 respondent.
56-6 (c) <(b)> In a suit in which a question of paternity is
56-7 raised <under this section>, the court shall conduct the pretrial
56-8 proceedings and order scientifically accepted paternity testing as
56-9 <required in a suit> provided by this chapter.
56-10 SECTION 62. Section 160.110, Family Code, as added by House
56-11 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
56-12 amended by amending Subsection (a) and adding Subsections (d)-(h)
56-13 to read as follows:
56-14 (a) In a suit in which there is a presumption of parentage
56-15 under Chapter 151, the party denying a presumed father's paternity
56-16 of the child has the burden of rebutting the presumption of
56-17 paternity by clear and convincing evidence.
56-18 (d) The court shall dismiss with prejudice a claim regarding
56-19 a presumed father whose paternity is excluded by scientifically
56-20 accepted paternity testing.
56-21 (e) If two or more presumptions are in conflict, the
56-22 presumption that is founded on the weightier considerations of
56-23 policy and logic controls. The court shall find that the weightier
56-24 presumption of paternity is that of a presumed father who is not
56-25 excluded as the biological father of the child by scientifically
56-26 accepted paternity testing that shows that at least 99 percent of
56-27 the male population is excluded.
57-1 (f) The court shall dismiss a suit contesting a presumption
57-2 of paternity filed by a man who is not a presumed father, but who
57-3 alleges himself to be the biological father of a child, if:
57-4 (1) the suit is filed after the second anniversary of
57-5 the later of:
57-6 (A) the date of birth of the child; or
57-7 (B) the time the presumption of paternity came
57-8 into existence after the child was born; and
57-9 (2) the presumed father:
57-10 (A) has resided in the same household as the
57-11 child in a father-child relationship or has established a
57-12 father-child relationship with the child through his other actions;
57-13 and
57-14 (B) requests an order designating him as the
57-15 father of the child.
57-16 (g) A suit contesting a presumption that a man is the
57-17 biological father of a child may be filed at any time during the
57-18 minority of the child by:
57-19 (1) the biological mother of the child;
57-20 (2) a presumed father; or
57-21 (3) a governmental entity, authorized agency, or
57-22 licensed child-placing agency.
57-23 (h) If a presumption of paternity is rebutted, the court
57-24 shall enter an order finding that the man presumed to be the father
57-25 of the child is not the biological father.
57-26 SECTION 63. Subchapter C, Chapter 160, Family Code, as added
57-27 by House Bill 655, Acts of the 74th Legislature, Regular Session,
58-1 1995, is amended to read as follows:
58-2 SUBCHAPTER C. VOLUNTARY PATERNITY
58-3 Sec. 160.201. VOLUNTARY PATERNITY. (a) If a statement of
58-4 paternity has been executed by a man claiming to be the biological
58-5 father of a child who has no presumed father, he, the mother of the
58-6 child, or the child through a representative authorized by the
58-7 court or a governmental entity may file a petition for an order
58-8 adjudicating him as a parent of the child. The statement of
58-9 paternity must be attached to or filed with the petition.
58-10 (b) The court shall render an order ajudicating the child to
58-11 be the biological child of the child's father and the father to be
58-12 a parent of the child if the court finds that the statement of
58-13 paternity was executed as provided by this chapter, and the facts
58-14 stated are true.
58-15 (c) A suit for voluntary paternity may be joined with a suit
58-16 for termination under Chapter 161.
58-17 Sec. 160.202. STATEMENT OF PATERNITY. (a) The statement of
58-18 paternity authorized to be used by this subchapter must:
58-19 (1) be in writing;
58-20 (2) be signed by the man alleging himself to be the
58-21 father of the child;
58-22 (3) state whether the man alleging himself to be the
58-23 father is a minor; and
58-24 (4) clearly state that the man signing the statement
58-25 acknowledges the child as his biological child.
58-26 (b) The statement may include a waiver of citation in a suit
58-27 to establish the parent-child relationship and <but> may <not>
59-1 include a waiver of the right to notice of the proceedings.
59-2 (c) The statement must be executed before a person
59-3 authorized to administer oaths under the laws of this state.
59-4 (d) The statement may be signed before the birth of the
59-5 child.
59-6 (e) The statement must include the social security number of
59-7 the father.
59-8 Sec. 160.203. EFFECT OF STATEMENT OF PATERNITY. (a) A
59-9 statement of paternity executed as provided by this subchapter is
59-10 prima facie evidence that the child is the child of the person
59-11 executing the statement and that the person has an obligation to
59-12 support the child.
59-13 (b) If an alleged father's address is unknown or he is
59-14 outside the jurisdiction of the court at the time a suit is
59-15 instituted under this subchapter, his statement of paternity, in
59-16 the absence of controverting evidence, is sufficient for the court
59-17 to render an order establishing his paternity of the child.
59-18 Sec. 160.204. <NOTICE AFTER WAIVER OF SERVICE. If the
59-19 respondent does not answer or appear after signing a waiver of
59-20 service of process as authorized by this subchapter, notice of the
59-21 proceedings shall be given to the respondent by first class mail
59-22 sent to the address supplied in the waiver. The waiver shall be
59-23 valid in a suit filed on or before the first anniversary of the
59-24 date of signing.>
59-25 <Sec. 160.205.> DISPUTED PARENTAGE. If the paternity of the
59-26 child is uncertain or is disputed by a party in a suit filed under
59-27 this subchapter, the provisions of Subchapter B apply.
60-1 Sec. 160.205 <Sec. 160.206>. VALIDATION OF PRIOR STATEMENTS.
60-2 A statement acknowledging paternity or an obligation to support a
60-3 child that was signed by the father before January 1, 1974, is
60-4 valid and binding even though the statement is not executed as
60-5 provided by this subchapter.
60-6 SECTION 64. Section 161.001, Family Code, as added by House
60-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
60-8 amended to read as follows:
60-9 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
60-10 RELATIONSHIP. The court may order termination of the parent-child
60-11 relationship if the court finds by clear and convincing evidence
60-12 <that>:
60-13 (1) that the parent has:
60-14 (A) voluntarily left the child alone or in the
60-15 possession of another not the parent and expressed an intent not to
60-16 return;
60-17 (B) voluntarily left the child alone or in the
60-18 possession of another not the parent without expressing an intent
60-19 to return, without providing for the adequate support of the child,
60-20 and remained away for a period of at least three months;
60-21 (C) voluntarily left the child alone or in the
60-22 possession of another without providing adequate support of the
60-23 child and remained away for a period of at least six months;
60-24 (D) knowingly placed or knowingly allowed the
60-25 child to remain in conditions or surroundings which endanger the
60-26 physical or emotional well-being of the child;
60-27 (E) engaged in conduct or knowingly placed the
61-1 child with persons who engaged in conduct which endangers the
61-2 physical or emotional well-being of the child;
61-3 (F) failed to support the child in accordance
61-4 with his ability during a period of one year ending within six
61-5 months of the date of the filing of the petition;
61-6 (G) abandoned the child without identifying the
61-7 child or furnishing means of identification, and the child's
61-8 identity cannot be ascertained by the exercise of reasonable
61-9 diligence;
61-10 (H) voluntarily, and with knowledge of the
61-11 pregnancy, abandoned the mother of the child beginning at a time
61-12 during her pregnancy with the child and continuing through the
61-13 birth, failed to provide adequate support or medical care for the
61-14 mother during the period of abandonment before the birth of the
61-15 child, and remained apart from the child or failed to support the
61-16 child since the birth;
61-17 (I) contumaciously refused to submit to a
61-18 reasonable and lawful order of a court under Chapter 264;
61-19 (J) been the major cause of:
61-20 (i) the failure of the child to be
61-21 enrolled in school as required by the Education Code; or
61-22 (ii) the child's absence from the child's
61-23 home without the consent of the parents or guardian for a
61-24 substantial length of time or without the intent to return;
61-25 (K) executed before or after the suit is filed
61-26 an unrevoked or irrevocable affidavit of relinquishment of parental
61-27 rights as provided by this chapter;
62-1 (L) been adjudicated to be criminally
62-2 responsible for the death or serious injury of a child <another of
62-3 his or her children>; <or>
62-4 (M) had his or her parent-child relationship
62-5 terminated with respect to another child based on a finding that
62-6 the parent's conduct was in violation of Paragraph (D) or (E); or
62-7 (N) constructively abandoned the child who has
62-8 been in the permanent or temporary managing conservatorship of the
62-9 Department of Protective and Regulatory Services or an authorized
62-10 agency for not less than one year, and:
62-11 (i) the department or authorized agency
62-12 has made reasonable efforts to return the child to the parent;
62-13 (ii) the parent has not visited or
62-14 maintained contact with the child; and
62-15 (iii) the parent has demonstrated an
62-16 inability to provide the child with a safe environment; and
62-17 (2) that termination is in the best interest of the
62-18 child.
62-19 SECTION 65. Section 161.002(b), Family Code, as added by
62-20 House Bill 655, Acts of the 74th Legislature, Regular Session,
62-21 1995, is amended to read as follows:
62-22 (b) The rights of an alleged biological father may be
62-23 terminated if, after being served with citation, he does not
62-24 respond by timely filing an admission of paternity or a
62-25 counterclaim for paternity under Chapter 160 <159> prior to the
62-26 final hearing in the suit.
62-27 SECTION 66. Section 161.003(a), Family Code, as added by
63-1 House Bill 655, Acts of the 74th Legislature, Regular Session,
63-2 1995, is amended to read as follows:
63-3 (a) The court may order termination of the parent-child
63-4 relationship in a suit filed by the Department of Protective and
63-5 Regulatory Services if the court finds that:
63-6 (1) the parent has a mental or emotional illness or a
63-7 mental deficiency that renders the parent unable to provide for the
63-8 physical, emotional, and mental needs of the child;
63-9 (2) the illness or deficiency, in all reasonable
63-10 probability, proved by clear and convincing evidence, will continue
63-11 to render the parent unable to provide for the child's needs until
63-12 the 18th birthday of the child;
63-13 (3) the department has been the temporary or sole
63-14 <permanent> managing conservator of the child of the parent for the
63-15 six months preceding the filing of the petition; <and>
63-16 (4) the department has made reasonable efforts to
63-17 return the child to the parent; and
63-18 (5) the termination is in the best interest of the
63-19 child.
63-20 SECTION 67. Section 161.005, Family Code, as added by House
63-21 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
63-22 amended to read as follows:
63-23 Sec. 161.005. TERMINATION WHEN PARENT IS PETITIONER. (a) A
63-24 parent may file a suit for termination of the petitioner's
63-25 parent-child relationship. The court may order termination if
63-26 termination is in the best interest of the child.
63-27 (b) If the petition designates the Department of Protective
64-1 and Regulatory Services as managing conservator, the department
64-2 shall be given service of citation. The court shall notify the
64-3 department if the court appoints the department as the managing
64-4 conservator of the child.
64-5 SECTION 68. Section 161.103(a), Family Code, as added by
64-6 House Bill 655, Acts of the 74th Legislature, Regular Session,
64-7 1995, is amended to read as follows:
64-8 (a) An affidavit for voluntary relinquishment of parental
64-9 rights must be:
64-10 (1) signed after the birth of the child, but not
64-11 before 48 hours after the birth of the child, by the parent,
64-12 whether or not a minor, whose parental rights are to be
64-13 relinquished;
64-14 (2) witnessed by two credible persons; and
64-15 (3) verified before a person authorized to take oaths.
64-16 SECTION 69. Section 161.104, Family Code, as added by House
64-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
64-18 amended to read as follows:
64-19 Sec. 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR
64-20 PENDING COURT APPOINTMENT. A person, licensed child-placing
64-21 agency, or authorized agency designated managing conservator of a
64-22 child in an irrevocable or unrevoked affidavit of relinquishment
64-23 has a right to possession of the child superior to the right of the
64-24 person executing the affidavit, the right to consent to medical,
64-25 <and> surgical, dental, and psychological treatment of the child,
64-26 and the rights and duties given by Chapter 153 to a possessory
64-27 conservator until such time as these rights and duties are modified
65-1 or terminated by court order.
65-2 SECTION 70. Section 161.107(d), Family Code, as added by
65-3 House Bill 655, Acts of the 74th Legislature, Regular Session,
65-4 1995, is amended to read as follows:
65-5 (d) If the department is not able to locate a missing parent
65-6 or a relative of that parent and sufficient information is
65-7 available concerning the physical whereabouts of the parent or
65-8 relative, the department shall request the state agency designated
65-9 to administer a statewide plan for child support to use the
65-10 parental locator service established under 42 U.S.C. Section 653 to
65-11 determine the location of the missing parent or relative.
65-12 SECTION 71. Section 161.206(a), Family Code, as added by
65-13 House Bill 655, Acts of the 74th Legislature, Regular Session,
65-14 1995, is amended to read as follows:
65-15 (a) If the court finds grounds for termination of the
65-16 parent-child relationship by clear and convincing evidence, it
65-17 shall render an order terminating the parent-child relationship.
65-18 SECTION 72. Section 162.004(b), Family Code, as added by
65-19 House Bill 655, Acts of the 74th Legislature, Regular Session,
65-20 1995, is amended to read as follows:
65-21 (b) For good cause shown, the court may set the hearing at
65-22 any date after the report is filed <time that provides adequate
65-23 time for filing the social study>.
65-24 SECTION 73. Section 162.010(a), Family Code, as added by
65-25 House Bill 655, Acts of the 74th Legislature, Regular Session,
65-26 1995, is amended to read as follows:
65-27 (a) Unless the managing conservator is the petitioner, the
66-1 written consent of a managing conservator to the adoption must be
66-2 filed. The court may waive the requirement of consent by the
66-3 managing conservator if the court finds that the consent is being
66-4 refused or has been revoked without good cause. A hearing on the
66-5 issue of consent shall be conducted by the court without a jury.
66-6 SECTION 74. Section 162.015, Family Code, as added by House
66-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
66-8 amended to read as follows:
66-9 Sec. 162.015. RACE OR ETHNICITY. (a) In determining the
66-10 best interest of the child, the court may not deny or delay the
66-11 adoption or otherwise discriminate on the basis of race or
66-12 ethnicity of the child or the prospective adoptive parents.
66-13 (b) This section does not apply to a person, entity, tribe,
66-14 organization, or child custody proceeding subject to the Indian
66-15 Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.). In
66-16 this subsection "child custody proceeding" has the meaning provided
66-17 by 25 U.S.C. Section 1903.
66-18 SECTION 75. Section 162.021(b), Family Code, as added by
66-19 House Bill 655, Acts of the 74th Legislature, Regular Session,
66-20 1995, is amended to read as follows:
66-21 (b) Rendition of the order does not relieve the clerk from
66-22 the duty to send information regarding <the files or petitions and
66-23 decrees of> adoption to the bureau of vital statistics <department>
66-24 as required by this subchapter and Chapter 108.
66-25 SECTION 76. Sections 162.405(b)-(g), Family Code, as added
66-26 by House Bill 655, Acts of the 74th Legislature, Regular Session,
66-27 1995, are amended to read as follows:
67-1 (b) <The clerk of the court in which an adoption is granted
67-2 shall, on or before the 10th day of the first month after the month
67-3 in which the adoption is granted, transmit to the administrator of
67-4 the central registry a report of adoption with respect to each
67-5 adoption granted. The report must include the following
67-6 information:>
67-7 <(1) the name of the adopted child after adoption as
67-8 shown in the final adoption decree;>
67-9 <(2) the birth date of the adopted child;>
67-10 <(3) the docket number of the adoption suit;>
67-11 <(4) the identity of the court granting the adoption;>
67-12 <(5) the date of the final adoption decree;>
67-13 <(6) the name and address of each parent, guardian,
67-14 managing conservator, or other person whose consent to adoption was
67-15 required or waived under Section 162.010 or whose parental rights
67-16 were terminated in the adoption suit;>
67-17 <(7) the identity of the authorized agency, if any,
67-18 through which the adopted child was placed for adoption; and>
67-19 <(8) the identity, address, and telephone number of
67-20 the registry through which the adopted child may register as an
67-21 adoptee.>
67-22 <(c)> An authorized agency may file with the administrator
67-23 of the central registry a report of adoption with respect to any
67-24 person adopted during the person's minority before January 1, 1984.
67-25 The report may include:
67-26 (1) the name of the adopted child after adoption as
67-27 shown in the final adoption decree;
68-1 (2) the birth date of the adopted child;
68-2 (3) the docket number of the adoption suit;
68-3 (4) the identity of the court granting the adoption;
68-4 (5) the date of the final adoption decree;
68-5 (6) the identity of the agency, if any, through which
68-6 the adopted child was placed; and
68-7 (7) the identity, address, and telephone number of the
68-8 registry through which the adopted child may register as an
68-9 adoptee.
68-10 (c) <(d)> On receiving an inquiry by an adoptee who has
68-11 provided satisfactory proof of age and identity and paid all
68-12 required inquiry fees, the administrator of the central registry
68-13 shall review the information on file in the central index. If the
68-14 index reveals that the adoptee was not placed for adoption through
68-15 an authorized agency, the administrator of the central registry
68-16 shall issue the adoptee an official certificate stating that the
68-17 adoptee is entitled to apply for registration through the central
68-18 registry. If the index identifies an authorized agency through
68-19 which the adoptee was placed for adoption, the administrator of the
68-20 central registry shall determine the identity of the registry
68-21 through which the adoptee may register. If the administrator of
68-22 the central registry cannot determine from the index whether the
68-23 adoptee was placed for adoption through an authorized agency, the
68-24 administrator of the central registry shall determine the identity
68-25 of the registry with which the adoptee may register.
68-26 (d) <(e)> Each administrator shall, not later than the 30th
68-27 day after the date of receiving an inquiry from the administrator
69-1 of the central registry, respond in writing to the inquiry that the
69-2 registrant was not placed for adoption by an agency served by that
69-3 registry or that the registrant was placed for adoption by an
69-4 agency served by that registry. If the registrant was placed for
69-5 adoption by an agency served by the registry, the administrator
69-6 shall file a report with the administrator of the central registry
69-7 including the information described by Subsections (b) <(c)>
69-8 (1)-(6).
69-9 (e) <(f)> After completing the investigation, the
69-10 administrator of the central registry shall issue an official
69-11 certificate stating:
69-12 (1) the identity of the registry through which the
69-13 adoptee may apply for registration, if known; or
69-14 (2) if the administrator cannot make a conclusive
69-15 determination, that the adoptee is entitled to apply for
69-16 registration through the central registry and is entitled to apply
69-17 for registration through other registries created under this
69-18 subchapter.
69-19 (f) <(g)> On receiving an inquiry by a birth parent who has
69-20 provided satisfactory proof of identity and age and paid all
69-21 required inquiry fees, the administrator of the central registry
69-22 shall review the information on file in the central index and
69-23 consult with the administrators of other registries in the state in
69-24 order to determine the identity of the appropriate registry or
69-25 registries through which the birth parent may register. Each
69-26 administrator shall, not later than the 30th day after the date of
69-27 receiving an inquiry from the administrator of the central
70-1 registry, respond in writing to the inquiry. After completing the
70-2 investigation, the administrator of the central registry shall
70-3 provide the birth parent with a written statement either
70-4 identifying the name, address, and telephone number of each
70-5 registry through which registration would be appropriate or stating
70-6 that after diligent inquiry the administrator cannot determine the
70-7 specific registry or registries through which registration would be
70-8 appropriate.
70-9 SECTION 77. Subchapter B, Chapter 201, Family Code, as added
70-10 by House Bill 655, Acts of the 74th Legislature, Regular Session,
70-11 1995, is amended by adding Section 201.111 to read as follows:
70-12 Sec. 201.111. TIME TO ACT ON MASTER'S REPORT. (a) Except
70-13 as provided by Subsection (b), not later than the 30th day after
70-14 the date a master's report is filed, the referring court shall:
70-15 (1) adopt, approve, or reject the master's report;
70-16 (2) hear further evidence; or
70-17 (3) recommit the matter for further proceedings.
70-18 (b) The time limit in Subsection (a) does not apply if a
70-19 party has filed a written notice of appeal to the referring court.
70-20 SECTION 78. Section 202.002(c), Family Code, as added by
70-21 House Bill 655, Acts of the 74th Legislature, Regular Session,
70-22 1995, is amended to read as follows:
70-23 (c) A friend of the court may file a notice of delinquency
70-24 and a request for a writ of income withholding under Chapter 158
70-25 <19> in order to enforce a child support order.
70-26 SECTION 79. Section 231.006, Family Code, as added by House
70-27 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
71-1 amended to read as follows:
71-2 Sec. 231.006. INELIGIBILITY TO RECEIVE STATE GRANTS OR LOANS
71-3 OR RECEIVE PAYMENTS <BID> ON STATE CONTRACTS. (a) A child support
71-4 obligor who is more than 30 days delinquent in paying child support
71-5 and a business entity in which the obligor is a sole proprietor,
71-6 partner, shareholder, or owner with an ownership interest of at
71-7 least 25 percent is not eligible to:
71-8 (1) receive payments from state funds under <submit a
71-9 bid or enter into> a contract to provide property, materials, or
71-10 services <under a contract with the state>; or
71-11 (2) receive a state-funded grant or loan.
71-12 (b) <A sole proprietorship, partnership, corporation, or
71-13 other entity in which a sole proprietor, partner, majority
71-14 shareholder, or substantial owner is a delinquent obligor who is
71-15 ineligible to bid on a state contract as provided by this section
71-16 may not bid on a state contract.>
71-17 <(c)> A child support obligor or business entity ineligible
71-18 to receive payments under Subsection (a) remains ineligible <to
71-19 submit a bid on or enter into a state contract or apply for a
71-20 state-funded grant or loan as provided by this section> until:
71-21 (1) all arrearages have been paid; or
71-22 (2) the obligor is in compliance with a written
71-23 repayment agreement or court order as to any existing delinquency.
71-24 (c) A bid or an application for a contract, grant, or loan
71-25 paid from state funds must include the name and social security
71-26 number of the individual or sole proprietor and each partner,
71-27 shareholder, or owner with an ownership interest of at least 25
72-1 percent of the business entity submitting the bid or application.
72-2 (d) A contract, bid, or application subject to the
72-3 requirements of this section must include the following statement:
72-4 "Under Section 231.006, Family Code, the vendor or applicant
72-5 certifies that the individual or business entity named in this
72-6 contract, bid, or application is not ineligible to receive the
72-7 specified grant, loan, or payment and acknowledges that this
72-8 contract may be terminated and payment may be withheld if this
72-9 certification is inaccurate."
72-10 (e) If a state agency determines that an individual or
72-11 business entity holding a state contract is ineligible to receive
72-12 payment under Subsection (a), the contract may be terminated.
72-13 (f) If the certificate required under Subsection (d) is
72-14 shown to be false, the vendor is liable to the state for attorney's
72-15 fees, the costs necessary to complete the contract, including the
72-16 cost of advertising and awarding a second contract, and any other
72-17 damages provided by law or contract.
72-18 (g) This section does not create a cause of action to
72-19 contest a bid or award of a state grant, loan, or contract. This
72-20 section does not impose a duty on the Title IV-D agency to collect
72-21 information to send to the comptroller to withhold a payment to a
72-22 business entity. The Title IV-D agency and other affected agencies
72-23 are encouraged to develop a system by which the Title IV-D agency
72-24 may identify a business entity that is ineligible to receive a
72-25 state payment under Subsection (a) and to ensure that a state
72-26 payment to the entity is not made. This system should be
72-27 implemented using existing funds and only if the Title IV-D agency,
73-1 comptroller, and other affected agencies determine that it will be
73-2 cost-effective.
73-3 (h) This section does not apply to a contract between
73-4 governmental entities.
73-5 (i) <(d) Each bidder for a state contract or applicant for a
73-6 state-funded loan or grant as provided by this section shall submit
73-7 a signed, sworn statement accompanying any bid or application for a
73-8 grant or loan affirming that the bidder or applicant is not more
73-9 than 30 days delinquent in providing child support under a court
73-10 order or a written repayment agreement.>
73-11 <(e)> The Title IV-D agency <and the General Services
73-12 Commission> may adopt rules or prescribe forms to implement any
73-13 provision of this section.
73-14 SECTION 80. Section 231.007(g), Family Code, as added by
73-15 House Bill 655, Acts of the 74th Legislature, Regular Session,
73-16 1995, is amended to read as follows:
73-17 (g) The amount of weekly workers' compensation benefits that
73-18 may be withheld or assigned under this section may not exceed the
73-19 percentage of the person's benefits that would apply if the
73-20 benefits equalled the person's monthly net resources as provided by
73-21 Chapter 154 <15>, except that in no event may more than 50 percent
73-22 of the person's weekly compensation benefits be withheld or
73-23 assigned.
73-24 SECTION 81. Section 231.302, Family Code, as added by House
73-25 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
73-26 amended by adding Subsections (c), (d), (e), and (f) to read as
73-27 follows:
74-1 (c) To assist in the administration of laws relating to
74-2 child support enforcement under Parts A and D of Title IV of the
74-3 federal Social Security Act (42 U.S.C. Sections 601-617 and
74-4 651-669):
74-5 (1) each licensing authority shall request and each
74-6 applicant for a license shall provide the applicant's social
74-7 security number;
74-8 (2) each agency administering a contract that provides
74-9 for a payment of state funds shall request and each individual or
74-10 entity bidding on a state contract shall provide the individual's
74-11 or entity's social security number as required by Section 231.006,
74-12 Family Code; and
74-13 (3) each agency administering a state-funded grant or
74-14 loan program shall request and each applicant for a grant or loan
74-15 shall provide the applicant's social security number as required by
74-16 Section 231.006, Family Code.
74-17 (d) This section does not limit the right of an agency or
74-18 licensing authority to collect and use a social security number
74-19 under another provision of law.
74-20 (e) Except as provided by Subsection (d), a social security
74-21 number provided under this section is confidential and may be
74-22 disclosed only for the purposes of responding to a request for
74-23 information from an agency operating under the provisions of Parts
74-24 A and D of Title IV of the federal Social Security Act (42 U.S.C.
74-25 Sections 601-617 and 651-669).
74-26 (f) Information collected by the Title IV-D agency under
74-27 this section may be used only for child support purposes.
75-1 SECTION 82. Subtitle D, Title 5, Family Code, as added by
75-2 House Bill 655, Acts of the 74th Legislature, Regular Session,
75-3 1995, is amended by adding Chapter 232 to read as follows:
75-4 CHAPTER 232. SUSPENSION OF LICENSE FOR FAILURE
75-5 TO PAY CHILD SUPPORT
75-6 Sec. 232.001. DEFINITIONS. In this chapter:
75-7 (1) "License" means a license, certificate,
75-8 registration, permit, or other authorization that:
75-9 (A) is issued by a licensing authority;
75-10 (B) is subject before expiration to suspension,
75-11 revocation, forfeiture, or termination by the issuing licensing
75-12 authority; and
75-13 (C) a person must obtain to:
75-14 (i) practice or engage in a particular
75-15 business, occupation, or profession;
75-16 (ii) operate a motor vehicle; or
75-17 (iii) engage in any other regulated
75-18 activity, including hunting, fishing, or other recreational
75-19 activity for which a license or permit is required.
75-20 (2) "Licensing authority" means a department,
75-21 commission, board, office, or other agency of the state or a
75-22 political subdivision of the state that issues a license.
75-23 (3) "Order suspending license" means an order issued
75-24 by the Title IV-D agency or a court directing a licensing authority
75-25 to suspend a license.
75-26 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
75-27 following state agencies are licensing authorities subject to this
76-1 chapter:
76-2 (1) Department of Agriculture;
76-3 (2) Texas Commission on Alcohol and Drug Abuse;
76-4 (3) Texas Alcoholic Beverage Commission;
76-5 (4) Texas Appraiser Licensing and Certification Board;
76-6 (5) Texas Board of Architectural Examiners;
76-7 (6) State Board of Barber Examiners;
76-8 (7) Texas Board of Chiropractic Examiners;
76-9 (8) Comptroller of Public Accounts;
76-10 (9) Texas Cosmetology Commission;
76-11 (10) Court Reporters Certification Board;
76-12 (11) State Board of Dental Examiners, if the 74th
76-13 Legislature, at its regular session, enacts legislation that
76-14 becomes law authorizing a state agency to regulate the practice of
76-15 dentistry;
76-16 (12) Texas State Board of Examiners of Dietitians;
76-17 (13) Texas Funeral Service Commission;
76-18 (14) Texas Department of Health;
76-19 (15) Texas Board of Professional Land Surveying;
76-20 (16) Texas Department of Licensing and Regulation;
76-21 (17) Texas State Board of Examiners of Marriage and
76-22 Family Therapists;
76-23 (18) Texas State Board of Medical Examiners;
76-24 (19) Midwifery Board;
76-25 (20) Texas Natural Resource Conservation Commission;
76-26 (21) Board of Nurse Examiners;
76-27 (22) Texas Board of Nursing Facility Administrators;
77-1 (23) Texas Board of Occupational Therapy Examiners;
77-2 (24) Texas Optometry Board;
77-3 (25) Parks and Wildlife Department;
77-4 (26) Texas State Board of Examiners of Perfusionists;
77-5 (27) Texas State Board of Pharmacy;
77-6 (28) Texas Board of Physical Therapy Examiners;
77-7 (29) Texas State Board of Plumbing Examiners;
77-8 (30) Texas State Board of Podiatry Examiners;
77-9 (31) Polygraph Examiners Board;
77-10 (32) Texas Board of Private Investigators and Private
77-11 Security Agencies;
77-12 (33) Texas State Board of Examiners of Professional
77-13 Counselors;
77-14 (34) State Board of Registration for Professional
77-15 Engineers;
77-16 (35) Department of Protective and Regulatory Services;
77-17 (36) Texas State Board of Examiners of Psychologists;
77-18 (37) Texas State Board of Public Accountancy;
77-19 (38) Department of Public Safety of the State of
77-20 Texas;
77-21 (39) Public Utility Commission of Texas;
77-22 (40) Railroad Commission of Texas;
77-23 (41) Texas Real Estate Commission;
77-24 (42) State Bar of Texas;
77-25 (43) Texas State Board of Social Worker Examiners;
77-26 (44) State Board of Examiners for Speech-Language
77-27 Pathology and Audiology;
78-1 (45) Texas Structural Pest Control Board;
78-2 (46) Board of Tax Professional Examiners;
78-3 (47) Secretary of State;
78-4 (48) Supreme Court of Texas;
78-5 (49) Texas Transportation Commission;
78-6 (50) State Board of Veterinary Medical Examiners;
78-7 (51) Board of Vocational Nurse Examiners;
78-8 (52) Texas Ethics Commission;
78-9 (53) Advisory Board of Athletic Trainers;
78-10 (54) State Committee of Examiners in the Fitting and
78-11 Dispensing of Hearing Instruments;
78-12 (55) Texas Board of Licensure for Professional Medical
78-13 Physicists; and
78-14 (56) Texas Department of Insurance.
78-15 Sec. 232.003. SUSPENSION OF LICENSE. A court or the Title
78-16 IV-D agency may issue an order suspending a license as provided by
78-17 this chapter if an obligor:
78-18 (1) has an arrearage equal to or greater than the
78-19 total support due for 90 days under a support order;
78-20 (2) has been provided an opportunity to make payments
78-21 toward the child support arrearage under an agreed or court-ordered
78-22 repayment schedule; and
78-23 (3) has failed to comply with the repayment schedule.
78-24 Sec. 232.004. PETITION FOR SUSPENSION OF LICENSE. (a) A
78-25 child support agency or obligee may file a petition to suspend a
78-26 license.
78-27 (b) In a Title IV-D case, the petition shall be filed with
79-1 the Title IV-D agency.
79-2 (c) In a case other than a Title IV-D case, the petition
79-3 shall be filed in the court of continuing jurisdiction or the court
79-4 in which a child support order has been registered under Chapter
79-5 159.
79-6 (d) A proceeding in a case filed with the Title IV-D agency
79-7 under this chapter is governed by the contested case provisions of
79-8 Chapter 2001, Government Code, except that Section 2001.054 does
79-9 not apply to the proceeding. The director of the Title IV-D agency
79-10 is responsible for rendering a final decision in the contested case
79-11 proceeding.
79-12 Sec. 232.005. CONTENTS OF PETITION. (a) A petition under
79-13 this chapter must state that license suspension is required under
79-14 Section 232.003 and allege:
79-15 (1) the name and, if known, social security number of
79-16 the obligor;
79-17 (2) the type of license the obligor is believed to
79-18 hold and the name of the licensing authority; and
79-19 (3) the amount owed under the child support order, the
79-20 amount of support paid, and the amount of arrearages.
79-21 (b) A petition under this chapter may include as an
79-22 attachment a copy of the record of child support payments
79-23 maintained by the Title IV-D registry or local registry.
79-24 Sec. 232.006. NOTICE. (a) On the filing of a petition
79-25 under Section 232.004, the court or Title IV-D agency shall issue
79-26 to the obligor:
79-27 (1) notice of the obligor's right to a hearing before
80-1 the court or agency;
80-2 (2) notice of the deadline for requesting a hearing;
80-3 and
80-4 (3) a hearing request form if the proceeding is in a
80-5 Title IV-D case.
80-6 (b) Notice under this section may be served as in civil
80-7 cases generally.
80-8 (c) The notice must state that an order suspending license
80-9 shall be rendered on the 60th day after the date of service of the
80-10 notice unless by that date:
80-11 (1) the court or Title IV-D agency receives proof that
80-12 all arrearages and the current month's child support obligation
80-13 have been paid;
80-14 (2) the child support agency or obligee files a
80-15 certification that the obligor is in compliance with a reasonable
80-16 repayment schedule; or
80-17 (3) the obligor appears at a hearing before the court
80-18 or Title IV-D agency and shows that the request for suspension
80-19 should be denied or stayed.
80-20 Sec. 232.007. HEARING ON PETITION TO SUSPEND LICENSE. (a)
80-21 A request for a hearing and motion to stay suspension must be filed
80-22 with the court or Title IV-D agency by the obligor not later than
80-23 the 20th day after the date of service of the notice under Section
80-24 232.006.
80-25 (b) If a request for a hearing is filed, the court or Title
80-26 IV-D agency shall:
80-27 (1) promptly schedule a hearing;
81-1 (2) notify each party of the date, time, and location
81-2 of the hearing; and
81-3 (3) stay suspension pending the hearing.
81-4 (c) A record of child support payments made by the Title
81-5 IV-D agency or a local registry is evidence of whether the payments
81-6 were made. A copy of the record appearing regular on its face
81-7 shall be admitted as evidence at a hearing under this chapter,
81-8 including a hearing on a motion to revoke a stay. Either party may
81-9 offer controverting evidence.
81-10 Sec. 232.008. ORDER SUSPENDING LICENSE. (a) On making the
81-11 findings required by Section 232.003, the court or Title IV-D
81-12 agency shall render an order suspending the license unless the
81-13 obligor proves that all arrearages and the current month's support
81-14 have been paid.
81-15 (b) The court or Title IV-D agency may stay an order
81-16 suspending a license conditioned on the obligor's compliance with a
81-17 reasonable repayment schedule that is incorporated in the order.
81-18 An order suspending a license with a stay of the suspension may not
81-19 be served on the licensing authority unless the stay is revoked as
81-20 provided by this chapter.
81-21 (c) A final order suspending license rendered by a court or
81-22 the Title IV-D agency shall be forwarded to the appropriate
81-23 licensing authority.
81-24 (d) If the court or Title IV-D agency renders an order
81-25 suspending license, the obligor may also be ordered not to engage
81-26 in the licensed activity.
81-27 (e) If the court or Title IV-D agency finds that the
82-1 petition for suspension should be denied, the petition shall be
82-2 dismissed without prejudice, and an order suspending license may
82-3 not be rendered.
82-4 Sec. 232.009. DEFAULT ORDER. The court or Title IV-D agency
82-5 shall consider the allegations of the petition for suspension to be
82-6 admitted and shall render an order suspending license if the
82-7 obligor fails to:
82-8 (1) respond to a notice issued under Section 232.006;
82-9 (2) request a hearing; or
82-10 (3) appear at a hearing.
82-11 Sec. 232.010. REVIEW OF FINAL ADMINISTRATIVE ORDER. An
82-12 order issued by a Title IV-D agency under this chapter is a final
82-13 agency decision and is subject to review under the substantial
82-14 evidence rule as provided by Chapter 2001, Government Code.
82-15 Sec. 232.011. ACTION BY LICENSING AUTHORITY. (a) On
82-16 receipt of a final order suspending license, the licensing
82-17 authority shall immediately determine if the authority has issued a
82-18 license to the obligor named on the order and, if a license has
82-19 been issued:
82-20 (1) record the suspension of the license in the
82-21 licensing authority's records;
82-22 (2) report the suspension as appropriate; and
82-23 (3) demand surrender of the suspended license if
82-24 required by law for other cases in which a license is suspended.
82-25 (b) A licensing authority shall implement the terms of a
82-26 final order suspending license without additional review or
82-27 hearing. The authority may provide notice as appropriate to the
83-1 license holder or to others concerned with the license.
83-2 (c) A licensing authority may not modify, remand, reverse,
83-3 vacate, or stay an order suspending license issued under this
83-4 chapter and may not review, vacate, or reconsider the terms of a
83-5 final order suspending license.
83-6 (d) An obligor who is the subject of a final order
83-7 suspending license is not entitled to a refund for any fee or
83-8 deposit paid to the licensing authority.
83-9 (e) An obligor who continues to engage in the business,
83-10 occupation, profession, or other licensed activity after the
83-11 implementation of the order suspending license by the licensing
83-12 authority is liable for the same civil and criminal penalties
83-13 provided for engaging in the licensed activity without a license or
83-14 while a license is suspended that apply to any other license holder
83-15 of that licensing authority.
83-16 (f) A licensing authority is exempt from liability to a
83-17 license holder for any act authorized under this chapter performed
83-18 by the authority.
83-19 (g) Except as provided by this chapter, an order suspending
83-20 license or dismissing a petition for the suspension of a license
83-21 does not affect the power of a licensing authority to grant, deny,
83-22 suspend, revoke, terminate, or renew a license.
83-23 (h) The denial or suspension of a driver's license under
83-24 this chapter is governed by this chapter and not by the general
83-25 licensing provisions of Chapter 173, Acts of the 47th Legislature,
83-26 Regular Session, 1941 (Article 6687b, Vernon's Texas Civil
83-27 Statutes).
84-1 Sec. 232.012. MOTION TO REVOKE STAY. (a) The obligee,
84-2 support enforcement agency, court, or Title IV-D agency may file a
84-3 motion to revoke the stay of an order suspending license if the
84-4 obligor does not comply with the terms of a reasonable repayment
84-5 plan entered into by the obligor.
84-6 (b) Notice to the obligor of a motion to revoke stay under
84-7 this section may be given by personal service or by mail to the
84-8 address provided by the obligor, if any, in the order suspending
84-9 license. The notice must include a notice of hearing. The notice
84-10 must be provided to the obligor not less than 10 days before the
84-11 date of the hearing.
84-12 (c) A motion to revoke stay must allege the manner in which
84-13 the obligor failed to comply with the repayment plan.
84-14 (d) If the court or Title IV-D agency finds that the obligor
84-15 is not in compliance with the terms of the repayment plan, the
84-16 court or agency shall revoke the stay of the order suspending
84-17 license and render a final order suspending license.
84-18 Sec. 232.013. VACATING OR STAYING ORDER SUSPENDING LICENSE.
84-19 (a) The court or Title IV-D agency may render an order vacating or
84-20 staying an order suspending license if the obligor has paid all
84-21 delinquent child support or has established a satisfactory payment
84-22 record.
84-23 (b) The court or Title IV-D agency shall promptly deliver an
84-24 order vacating or staying an order suspending license to the
84-25 appropriate licensing authority.
84-26 (c) On receipt of an order vacating or staying an order
84-27 suspending license, the licensing authority shall promptly issue
85-1 the affected license to the obligor if the obligor is otherwise
85-2 qualified for the license.
85-3 (d) An order rendered under this section does not affect the
85-4 right of the child support agency or obligee to any other remedy
85-5 provided by law, including the right to seek relief under this
85-6 chapter. An order rendered under this section does not affect the
85-7 power of a licensing authority to grant, deny, suspend, revoke,
85-8 terminate, or renew a license as otherwise provided by law.
85-9 Sec. 232.014. FEE BY LICENSING AUTHORITY. A licensing
85-10 authority may charge a fee to an obligor who is the subject of an
85-11 order suspending license in an amount sufficient to recover the
85-12 administrative costs incurred by the authority under this chapter.
85-13 Sec. 232.015. COOPERATION BETWEEN LICENSING AUTHORITIES AND
85-14 TITLE IV-D AGENCY. (a) The Title IV-D agency may request from
85-15 each licensing authority the name, address, social security number,
85-16 license renewal date, and other identifying information for each
85-17 individual who holds, applies for, or renews a license issued by
85-18 the authority.
85-19 (b) A licensing authority shall provide the requested
85-20 information in the manner agreed to by the Title IV-D agency and
85-21 the licensing authority.
85-22 (c) The Title IV-D agency may enter into a cooperative
85-23 agreement with a licensing authority to administer this chapter in
85-24 a cost-effective manner.
85-25 (d) The Title IV-D agency may adopt a reasonable
85-26 implementation schedule for the requirements of this section.
85-27 (e) The Title IV-D agency, the comptroller, and the Texas
86-1 Alcoholic Beverage Commission shall by rule specify additional
86-2 prerequisites for the suspension of licenses relating to state
86-3 taxes collected under Title 2, Tax Code. The joint rules must be
86-4 adopted not later than March 1, 1996.
86-5 Sec. 232.016. RULES, FORMS, AND PROCEDURES. The Title IV-D
86-6 agency by rule shall prescribe forms and procedures for the
86-7 implementation of this chapter.
86-8 SECTION 83. Sections 261.001(1), (4), and (6), Family Code,
86-9 as added by House Bill 655, Acts of the 74th Legislature, Regular
86-10 Session, 1995, are amended to read as follows:
86-11 (1) "Abuse" includes the following acts or omissions
86-12 by a person:
86-13 (A) mental or emotional injury to a child that
86-14 results in an observable and material impairment in the child's
86-15 growth, development, or psychological functioning;
86-16 (B) causing or permitting the child to be in a
86-17 situation in which the child sustains a mental or emotional injury
86-18 that results in an observable and material impairment in the
86-19 child's growth, development, or psychological functioning;
86-20 (C) physical injury that results in substantial
86-21 harm to the child, or the genuine threat of substantial harm from
86-22 physical injury to the child, including an injury that is at
86-23 variance with the history or explanation given and excluding an
86-24 accident or reasonable discipline by a parent, guardian, or
86-25 managing or possessory conservator that does not expose the child
86-26 to a substantial risk of harm;
86-27 (D) failure to make a reasonable effort to
87-1 prevent an action by another person that results in physical injury
87-2 that results in substantial harm to the child;
87-3 (E) sexual conduct harmful to a child's mental,
87-4 emotional, or physical welfare <offenses under the Penal Code
87-5 inflicted on, shown to, or intentionally or recklessly practiced in
87-6 the presence of a child, including:>
87-7 <(i) sexual conduct as defined by Section
87-8 43.01, Penal Code;>
87-9 <(ii) sexual assault as provided by
87-10 Section 22.011, Penal Code; or>
87-11 <(iii) prohibited sexual conduct as
87-12 provided by Section 25.02, Penal Code>;
87-13 (F) failure to make a reasonable effort to
87-14 prevent sexual conduct harmful to a child <or sexual assault as
87-15 defined or provided by Sections 43.01 and 22.011, Penal Code, or
87-16 prohibited sexual conduct as provided by Section 25.02, Penal Code,
87-17 from being inflicted on or shown to a child by another person or
87-18 being intentionally or recklessly practiced in the presence of a
87-19 child by another person>;
87-20 (G) compelling or encouraging the child to
87-21 engage in sexual conduct as defined by Section 43.01, Penal Code;
87-22 or
87-23 (H) causing, permitting, encouraging, engaging
87-24 in, or allowing the photographing, filming, or depicting of the
87-25 child if the person knew or should have known that the resulting
87-26 photograph, film, or depiction of the child is obscene as defined
87-27 by Section 43.21, Penal Code, or pornographic.
88-1 (4) "Neglect" includes:
88-2 (A) the leaving of a child in a situation where
88-3 the child would be exposed to a substantial risk of physical or
88-4 mental harm, without arranging for necessary care for the child,
88-5 and the demonstration of an intent not to return by a parent,
88-6 guardian, or managing or possessory conservator of the child;
88-7 (B) the following acts or omissions by a person:
88-8 (i) placing a child in or failing to
88-9 remove a child from a situation that a reasonable person would
88-10 realize requires judgment or actions beyond the child's level of
88-11 maturity, physical condition, or mental abilities and that results
88-12 in bodily injury or a substantial risk of immediate harm to the
88-13 child;
88-14 (ii) failing to seek, obtain, or follow
88-15 through with medical care for a child, with the failure resulting
88-16 in or presenting a substantial risk of death, disfigurement, or
88-17 bodily injury or with the failure resulting in an observable and
88-18 material impairment to the growth, development, or functioning of
88-19 the child; <or>
88-20 (iii) the failure to provide a child with
88-21 food, clothing, or shelter necessary to sustain the life or health
88-22 of the child, excluding failure caused primarily by financial
88-23 inability unless relief services had been offered and refused; or
88-24 (iv) placing a child in or failing to
88-25 remove the child from a situation in which the child would be
88-26 exposed to a substantial risk of sexual conduct harmful to the
88-27 child; or
89-1 (C) the failure by the person responsible for a
89-2 child's care, custody, or welfare to permit the child to return to
89-3 the child's home without arranging for the necessary care for the
89-4 child after the child has been absent from the home for any reason,
89-5 including having been in residential placement or having run away.
89-6 (6) "Report" means a report that <of> alleged or
89-7 suspected abuse or neglect of a child has occurred or may occur.
89-8 SECTION 84. Section 261.101, Family Code, as added by House
89-9 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
89-10 amended by amending Subsection (b) and adding Subsections (c) and
89-11 (d) to read as follows:
89-12 (b) If a professional has cause to believe that a child has
89-13 been or may be abused or neglected, the professional shall make a
89-14 report not later than the 48th hour after the hour the professional
89-15 first suspects that the child has been or may be abused or
89-16 neglected. A professional may not delegate to or rely on another
89-17 person to make the report. In this subsection, "professional"
89-18 means an individual who is licensed or certified by the state or
89-19 who is an employee of a facility licensed, certified, or operated
89-20 by the state and who, in the normal course of official duties or
89-21 duties for which a license or certification is required, has direct
89-22 contact with children. The term includes teachers, nurses,
89-23 doctors, and day-care employees.
89-24 (c) The requirement to report under this section applies
89-25 without exception to an individual whose personal communications
89-26 may otherwise be privileged, including an attorney, a member of the
89-27 clergy, a medical practitioner, a social worker, and a mental
90-1 health professional.
90-2 (d) The identity of an individual making a report under this
90-3 chapter is confidential and may be disclosed only on the order of a
90-4 court or to a law enforcement officer for the purposes of
90-5 conducting a criminal investigation of the report.
90-6 SECTION 85. Section 261.102, Family Code, as added by House
90-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
90-8 amended to read as follows:
90-9 Sec. 261.102. MATTERS TO BE REPORTED. A report should
90-10 reflect the reporter's belief that a child<:>
90-11 <(1)> has been or may be abused or neglected or has
90-12 died of abuse or neglect<;>
90-13 <(2) has violated the compulsory school attendance
90-14 laws on three or more occasions; or>
90-15 <(3) has, on three or more occasions, been voluntarily
90-16 absent from home without the consent of the child's parent or
90-17 guardian for a substantial length of time or without the intent to
90-18 return>.
90-19 SECTION 86. Section 261.103, Family Code, as added by House
90-20 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
90-21 amended to read as follows:
90-22 Sec. 261.103. REPORT MADE TO APPROPRIATE AGENCY. A report
90-23 shall be made to:
90-24 (1) any local or state law enforcement agency;
90-25 (2) the department if the alleged or suspected abuse
90-26 involves a person responsible for the care, custody, or welfare of
90-27 the child;
91-1 (3) the state agency that operates, licenses,
91-2 certifies, or registers the facility in which the alleged abuse or
91-3 neglect occurred; or
91-4 (4) the agency designated by the court to be
91-5 responsible for the protection of children.
91-6 SECTION 87. Section 261.104, Family Code, as added by House
91-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
91-8 amended to read as follows:
91-9 Sec. 261.104. CONTENTS OF REPORT. The person making a
91-10 report shall identify, if known:
91-11 (1) the name and address of the child;
91-12 (2) the name and address of the person responsible for
91-13 the care, custody, or welfare of the child; and
91-14 (3) any other pertinent information concerning the
91-15 alleged or suspected abuse or neglect.
91-16 SECTION 88. Section 261.106, Family Code, as added by House
91-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
91-18 amended to read as follows:
91-19 Sec. 261.106. IMMUNITIES. (a) A <Except for a person who
91-20 reports the person's own conduct or who acts in bad faith or with
91-21 malicious purpose, a> person acting in good faith who reports
91-22 <reporting> or assists <assisting> in the investigation of a report
91-23 of alleged child abuse or neglect or who testifies or otherwise
91-24 participates in a judicial proceeding arising from a report,
91-25 petition, or investigation of alleged child abuse or neglect <under
91-26 this chapter> is immune from civil or criminal liability that might
91-27 otherwise be incurred or imposed.
92-1 (b) Immunity from civil and criminal liability extends to an
92-2 authorized volunteer of the department or a law enforcement officer
92-3 who participates at the request of the department in an
92-4 investigation of alleged or suspected abuse or neglect or in an
92-5 action arising from an investigation if the person was acting in
92-6 good faith and in the scope of the person's responsibilities
92-7 <participation in a judicial proceeding resulting from the report>.
92-8 (c) A person who reports the person's own abuse or neglect
92-9 of a child or who acts in bad faith or with malicious purpose in
92-10 reporting alleged child abuse or neglect is not immune from civil
92-11 or criminal liability.
92-12 SECTION 89. Section 261.107, Family Code, as added by House
92-13 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
92-14 amended to read as follows:
92-15 Sec. 261.107. FALSE REPORT; PENALTY. <(a)> A person
92-16 commits an offense if the person knowingly or intentionally makes a
92-17 report as provided in this chapter that the person knows is false
92-18 or lacks factual foundation. An offense under this subsection is a
92-19 Class B misdemeanor.
92-20 <(b) If, in connection with a pending suit affecting the
92-21 parent-child relationship, a parent of a child makes a report
92-22 alleging child abuse by the other parent that the parent making the
92-23 report knows is false or lacks factual foundation, evidence of the
92-24 report is admissible in a suit between the parents involving terms
92-25 of conservatorship.>
92-26 SECTION 90. Section 261.201, Family Code, as added by House
92-27 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
93-1 amended to read as follows:
93-2 Sec. 261.201. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION.
93-3 (a) The following information is confidential, is not subject to
93-4 public release under Chapter 552, Government Code, and may be
93-5 disclosed only for purposes consistent with this code and
93-6 applicable federal or state law or under rules adopted by an
93-7 investigating agency:
93-8 (1) a report of alleged or suspected abuse or neglect
93-9 made under this chapter and the identity of the person making the
93-10 report; and
93-11 (2) except <Except> as otherwise provided in this
93-12 section, the files, <Subsections (b) and (c), the> reports,
93-13 records, communications, and working papers used or developed in an
93-14 investigation under this chapter or in providing services as a
93-15 result of an investigation <are confidential and may be disclosed
93-16 only for purposes consistent with the purposes of this code under
93-17 rules adopted by the investigating agency>.
93-18 (b) A court may order the disclosure of information that is
93-19 confidential under this section if:
93-20 (1) a motion has been filed with the court requesting
93-21 the release of the information;
93-22 (2) a notice of hearing has been served on the
93-23 investigating agency and all other interested parties; and
93-24 (3) after hearing and an in camera review of the
93-25 requested information, the court determines that the disclosure of
93-26 the requested information is:
93-27 (A) essential to the administration of justice;
94-1 and
94-2 (B) not likely to endanger the life or safety
94-3 of:
94-4 (i) a child who is the subject of the
94-5 report of alleged or suspected abuse or neglect;
94-6 (ii) a person who makes a report of
94-7 alleged or suspected abuse or neglect; or
94-8 (iii) any other person who participates in
94-9 an investigation of reported abuse or neglect.
94-10 (c) The adoptive parents of a child who was the subject of
94-11 an investigation and an adult who was the subject of an
94-12 investigation as a child are entitled to examine and make copies of
94-13 any report, record, working paper, or other information in the
94-14 possession, custody, or control of the state that pertains to the
94-15 history of the child. The department may edit the documents to
94-16 protect the identity of the biological parents and any other person
94-17 whose identity is confidential.
94-18 (d) <(c)> Before placing a child who was the subject of an
94-19 investigation, the department shall notify the prospective adoptive
94-20 parents of their right to examine any report, record, working
94-21 paper, or other information in the possession, custody, or control
94-22 of the state that pertains to the history of the child.
94-23 (e) <(d)> The department shall provide prospective adoptive
94-24 parents an opportunity to examine information under this section as
94-25 early as practicable before placing a child.
94-26 (f) Notwithstanding Subsection (b), the department, on
94-27 request and subject to department rule, shall provide to the
95-1 parent, managing conservator, or other legal representative of a
95-2 child who is the subject of reported abuse or neglect information
95-3 concerning the reported abuse or neglect that would otherwise be
95-4 confidential under this section if the department has edited the
95-5 information to protect the confidentiality of the identity of the
95-6 person who made the report and any other person whose life or
95-7 safety may be endangered by the disclosure.
95-8 SECTION 91. Sections 261.301(d) and (e), Family Code, as
95-9 added by House Bill 655, Acts of the 74th Legislature, Regular
95-10 Session, 1995, are amended to read as follows:
95-11 (d) The department may by rule assign priorities and
95-12 prescribe investigative procedures for <to> investigations based on
95-13 the severity and immediacy of the alleged harm to the child. The
95-14 primary purpose of the investigation shall be the protection of the
95-15 child.
95-16 (e) As necessary to provide for the protection of the child
95-17 <complete a thorough investigation>, the department or designated
95-18 agency shall determine:
95-19 (1) the nature, extent, and cause of the abuse or
95-20 neglect;
95-21 (2) the identity of the person responsible for the
95-22 abuse or neglect;
95-23 (3) the names and conditions of the other children in
95-24 the home;
95-25 (4) an evaluation of the parents or persons
95-26 responsible for the care of the child;
95-27 (5) the adequacy of the home environment;
96-1 (6) the relationship of the child to the persons
96-2 responsible for the care, custody, or welfare of the child; and
96-3 (7) all other pertinent data.
96-4 SECTION 92. Section 261.302, Family Code, as added by House
96-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
96-6 amended by adding Subsection (d) to read as follows:
96-7 (d) If, before an investigation is completed, the
96-8 investigating agency believes that the immediate removal of a child
96-9 from the child's home is necessary to protect the child from
96-10 further abuse or neglect, the investigating agency shall file a
96-11 petition or take other action under Chapter 262 to provide for the
96-12 temporary care and protection of the child.
96-13 SECTION 93. Section 261.303, Family Code, as added by House
96-14 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
96-15 amended to read as follows:
96-16 Sec. 261.303. INTERFERENCE WITH INVESTIGATION; COURT ORDER
96-17 <TO ASSIST INVESTIGATION>. (a) A person may not interfere with an
96-18 investigation of a report of child abuse or neglect conducted by
96-19 the department or designated agency.
96-20 (b) If admission to the home, school, or any place where the
96-21 child may be cannot be obtained, then for good cause shown the
96-22 court having family law jurisdiction shall order the parent, the
96-23 person responsible for the care of the children, or the person in
96-24 charge of any place where the child may be to allow entrance for
96-25 the interview, examination, and investigation.
96-26 (c) <(b)> If a parent or person responsible for the child's
96-27 care does not consent to a medical, psychological, or psychiatric
97-1 examination of the child that is requested by the department or
97-2 designated agency, the court having family law jurisdiction shall,
97-3 for good cause shown, order the examination to be made at the times
97-4 and places designated by the court.
97-5 SECTION 94. Section 261.308, Family Code, as added by House
97-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
97-7 amended by adding Subsection (c) to read as follows:
97-8 (c) On receipt of the report and recommendations, the court
97-9 may direct the department or designated agency to file a petition
97-10 requesting appropriate relief as provided in this title.
97-11 SECTION 95. Sections 261.401(b) and (c), Family Code, as
97-12 added by House Bill 655, Acts of the 74th Legislature, Regular
97-13 Session, 1995, are amended to read as follows:
97-14 (b) <A state agency shall notify the department of each
97-15 report of abuse or neglect it receives under this subchapter
97-16 relating to abuse or neglect in a facility operated by the agency
97-17 according to rules adopted by the department.>
97-18 <(c)> A state agency shall adopt rules relating to the
97-19 investigation and resolution of reports received as provided by
97-20 <under> this subchapter. The Health and Human Services Commission
97-21 shall review and approve the rules to ensure that all agencies
97-22 implement appropriate standards for the conduct of investigations
97-23 and that uniformity exists among agencies in the investigation and
97-24 resolution of reports.
97-25 SECTION 96. Sections 261.402(b), (c), and (e), Family Code,
97-26 as added by House Bill 655, Acts of the 74th Legislature, Regular
97-27 Session, 1995, are amended to read as follows:
98-1 (b) A state agency shall immediately notify the appropriate
98-2 state or local law enforcement agency of any report the agency
98-3 receives, other than a report from a law enforcement agency, that
98-4 concerns the suspected abuse or neglect of a child or the death of
98-5 a child from abuse or neglect. <If the investigation relates to a
98-6 report of abuse or neglect in a facility operated by a state
98-7 agency, the agency responsible for the investigation shall submit a
98-8 copy of the investigative report to the department.>
98-9 <(c)> If the state agency finds evidence indicating that a
98-10 child may have <has> been <or may be> abused or neglected, the
98-11 agency shall <submit a copy of the> report the evidence <of its
98-12 investigation> to the appropriate law enforcement agency.
98-13 (e) A state agency <The department> shall compile, maintain,
98-14 and make available statistics on the incidence of child abuse and
98-15 neglect in a facility operated by the <a> state agency.
98-16 SECTION 97. Chapter 261, Family Code, as added by House Bill
98-17 655, Acts of the 74th Legislature, Regular Session, 1995, is
98-18 amended by adding Sections 261.404, 261.405, and 261.406 to read as
98-19 follows:
98-20 Sec. 261.404. INVESTIGATIONS IN FACILITIES UNDER DEPARTMENT
98-21 OF MENTAL HEALTH AND MENTAL RETARDATION. The department shall
98-22 investigate a report of abuse or neglect in a facility operated by,
98-23 regulated by, or providing services under a contract with the Texas
98-24 Department of Mental Health and Mental Retardation under rules
98-25 developed jointly between the department and the Texas Department
98-26 of Mental Health and Mental Retardation.
98-27 Sec. 261.405. INVESTIGATIONS IN COUNTY JUVENILE DETENTION
99-1 FACILITIES. A report of alleged abuse or neglect in a county
99-2 juvenile detention facility shall be made to a local law
99-3 enforcement agency for investigation.
99-4 Sec. 261.406. INVESTIGATIONS IN SCHOOLS. (a) On receipt of
99-5 a report of alleged or suspected abuse or neglect of a child in a
99-6 public or private school under the jurisdiction of the Central
99-7 Education Agency, the department shall perform an investigation as
99-8 provided by this chapter.
99-9 (b) The department shall send a written report of the
99-10 department's investigation to the Central Education Agency and the
99-11 local school board or local governing body for appropriate action.
99-12 On request, the department shall provide a copy of the report of
99-13 investigation to the parent, managing conservator, or legal
99-14 guardian of a child who is the subject of the report. The report
99-15 of investigation shall be edited to protect the identity of the
99-16 persons who prepared the report of abuse or neglect or provided
99-17 information for the report.
99-18 (c) Nothing in this section may prevent a law enforcement
99-19 agency from conducting an investigation of a report made under this
99-20 section.
99-21 SECTION 98. Section 262.004, Family Code, as added by House
99-22 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
99-23 amended to read as follows:
99-24 Sec. 262.004. ACCEPTING VOLUNTARY DELIVERY OF POSSESSION OF
99-25 CHILD. A <An authorized representative of the Department of
99-26 Protective and Regulatory Services, a> law enforcement officer<,>
99-27 or a juvenile probation officer may take possession of a child
100-1 without a court order on the voluntary delivery of the child by the
100-2 parent, managing conservator, possessory conservator, guardian,
100-3 caretaker, or custodian who is presently entitled to possession of
100-4 the child.
100-5 SECTION 99. Section 262.005, Family Code, as added by House
100-6 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
100-7 amended to read as follows:
100-8 Sec. 262.005. FILING PETITION AFTER ACCEPTING VOLUNTARY
100-9 DELIVERY OF POSSESSION OF CHILD. When possession of the child has
100-10 been acquired through voluntary delivery of the child to a law
100-11 enforcement officer or juvenile probation officer <governmental
100-12 entity>, the law enforcement officer or juvenile probation officer
100-13 <entity> taking the child into possession shall cause a suit to be
100-14 filed not later than the 60th day after the date the child is taken
100-15 into possession.
100-16 SECTION 100. Section 262.101, Family Code, as added by House
100-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
100-18 amended to read as follows:
100-19 Sec. 262.101. FILING PETITION BEFORE TAKING POSSESSION OF
100-20 CHILD. A petition or affidavit filed by a governmental entity
100-21 requesting permission to take possession of a child in an emergency
100-22 shall be sworn to by a person with personal knowledge and shall
100-23 state facts sufficient to satisfy a person of ordinary prudence and
100-24 caution that:
100-25 (1) there is an immediate danger to the physical
100-26 health or safety of the child or the child has been a victim of
100-27 sexual abuse and that continuation in the home would be contrary to
101-1 the child's welfare; and
101-2 (2) there is no time, consistent with the physical
101-3 health or safety of the child, for an adversary hearing or to make
101-4 reasonable efforts to prevent or eliminate the need for the removal
101-5 of the child.
101-6 SECTION 101. Section 262.102, Family Code, as added by House
101-7 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
101-8 amended to read as follows:
101-9 Sec. 262.102. EMERGENCY ORDER AUTHORIZING POSSESSION OF
101-10 CHILD. (a) Before a court may issue a temporary restraining order
101-11 or attachment of a child in a suit requesting an emergency order
101-12 brought by a governmental entity, the court must find <be satisfied
101-13 from a sworn petition or affidavit> that:
101-14 (1) there is an immediate danger to the physical
101-15 health or safety of the child or the child has been a victim of
101-16 sexual abuse and that continuation in the home would be contrary to
101-17 the child's welfare; and
101-18 (2) there is no time, consistent with the physical
101-19 health or safety of the child and the nature of the emergency, to
101-20 hold <for> an adversary hearing or to make reasonable efforts to
101-21 prevent or eliminate the need for removal of the child.
101-22 (b) In determining whether there is an immediate danger to
101-23 the physical health or safety of a child, the court may consider
101-24 whether the child's household includes a person who has <possession
101-25 of the child has>:
101-26 (1) abused or neglected another child in a manner that
101-27 caused serious injury to or the death of the other child; or
102-1 (2) sexually abused another child.
102-2 SECTION 102. Section 262.107, Family Code, as added by House
102-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
102-4 amended to read as follows:
102-5 Sec. 262.107. STANDARD FOR DECISION AT INITIAL HEARING AFTER
102-6 TAKING POSSESSION OF CHILD WITHOUT A COURT ORDER IN EMERGENCY. (a)
102-7 The court shall order the return of the child at the initial
102-8 hearing regarding a child taken in possession without a court order
102-9 by a governmental entity unless the court is satisfied that:
102-10 (1) there is a continuing danger to the physical
102-11 health or safety of the child if the child is returned to the
102-12 parent, managing conservator, possessory conservator, guardian,
102-13 caretaker, or custodian who is presently entitled to possession of
102-14 the child<;> or
102-15 <(2)> the evidence shows that the child has been the
102-16 victim of sexual abuse on one or more occasions and that there is a
102-17 substantial risk <reasonable likelihood> that the child will be the
102-18 victim of sexual abuse in the future; and
102-19 (2) the nature of the emergency and the continuing
102-20 danger to the welfare of the child make efforts to allow the child
102-21 to remain with or return to the person entitled to possession of
102-22 the child impossible or unreasonable.
102-23 (b) In determining whether there is a continuing danger to
102-24 the physical health or safety of a child, the court may consider
102-25 whether the household to which <person to whom> the child would be
102-26 returned includes a person who has:
102-27 (1) abused or neglected another child in a manner that
103-1 caused serious injury to or the death of the other child; or
103-2 (2) sexually abused another child.
103-3 SECTION 103. Subchapter B, Chapter 262, Family Code, as
103-4 added by House Bill 655, Acts of the 74th Legislature, Regular
103-5 Session, 1995, is amended by adding Section 262.111 to read as
103-6 follows:
103-7 Sec. 262.111. FINDING THAT CHILD CANNOT REMAIN IN OR BE
103-8 RETURNED TO HOME. In the absence of a specific finding to the
103-9 contrary, the issuance of a temporary restraining order or
103-10 attachment pending a full adversary hearing or the issuance of an
103-11 order after a full adversary hearing constitutes a finding by the
103-12 court that for the child to remain in the home is contrary to the
103-13 child's welfare or safety and that the emergency made efforts to
103-14 prevent or eliminate the need for the removal of the child
103-15 impossible or unreasonable.
103-16 SECTION 104. Section 262.201, Family Code, as added by House
103-17 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
103-18 amended to read as follows:
103-19 Sec. 262.201. FULL ADVERSARY HEARING; FINDINGS OF THE
103-20 COURT. (a) Unless the child has already been returned to the
103-21 parent, managing conservator, possessory conservator, guardian,
103-22 caretaker, or custodian entitled to possession and the temporary
103-23 order, if any, has been dissolved, a full adversary hearing shall
103-24 be held not later than the 14th day after the date the child was
103-25 taken into possession by the governmental entity.
103-26 (b) At the conclusion of the full adversary hearing, the
103-27 court shall order the return of the child to the parent, managing
104-1 conservator, possessory conservator, guardian, caretaker, or
104-2 custodian entitled to possession unless the court finds sufficient
104-3 evidence to satisfy a person of ordinary prudence and caution that:
104-4 (1) there was a danger to the physical health or
104-5 safety of the child which was caused by an act or failure to act of
104-6 the person entitled to possession and for the child to remain in
104-7 the home is contrary to the welfare of the child; <and>
104-8 (2) the urgent need for protection required the
104-9 immediate removal of the child and makes efforts to eliminate or
104-10 prevent the child's removal impossible or unreasonable; and
104-11 (3) notwithstanding reasonable efforts to eliminate
104-12 the need for the child's removal and enable the child to return
104-13 home, there is a substantial risk <reasonable probability> of a
104-14 continuing danger if the child is returned home.
104-15 (c) If the court finds sufficient evidence to satisfy a
104-16 person of ordinary prudence and caution that there is a continuing
104-17 danger to the physical health or safety of the child and for the
104-18 child to remain in the home is contrary to the welfare of the
104-19 child, the court shall issue an appropriate temporary order under
104-20 Chapter 105.
104-21 (d) In determining whether there is a continuing danger to
104-22 the physical health or safety of the child, the court may consider
104-23 whether the household <person> to which <whom> the child would be
104-24 returned includes a person who:
104-25 (1) has abused or neglected another child in a manner
104-26 that caused serious injury to or the death of the other child; or
104-27 (2) has sexually abused another child.
105-1 SECTION 105. Section 263.001(a), Family Code, as added by
105-2 House Bill 655, Acts of the 74th Legislature, Regular Session,
105-3 1995, is amended by amending Subdivision (2) and adding
105-4 Subdivisions (3) and (4) to read as follows:
105-5 (2) "Child's home" means the place of residence of at
105-6 least one of the child's parents.
105-7 (3) "Household" means a unit composed of persons
105-8 living together in the same dwelling, without regard to whether
105-9 they are related to each other.
105-10 (4) "Substitute care" means the placement of a child
105-11 who is in the conservatorship of the department or an authorized
105-12 agency in care outside the child's home. The term includes foster
105-13 care, institutional care, adoption, or placement with a relative of
105-14 the child.
105-15 SECTION 106. Section 263.002, Family Code, as added by House
105-16 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
105-17 amended to read as follows:
105-18 Sec. 263.002. REVIEW OF PLACEMENTS BY COURT. In a suit
105-19 affecting the parent-child relationship in which the department or
105-20 an authorized agency has been appointed by the court or designated
105-21 in an affidavit of relinquishment of parental rights as the
105-22 temporary or permanent managing conservator of a child, the court
105-23 shall hold a hearing to review the conservatorship appointment and
105-24 substitute <the department's or authorized agency's placement of
105-25 the child in foster home care, group home care, or institutional>
105-26 care.
105-27 SECTION 107. Section 263.003(c), Family Code, as added by
106-1 House Bill 655, Acts of the 74th Legislature, Regular Session,
106-2 1995, is amended to read as follows:
106-3 (c) The department shall request a review of substitute <the
106-4 placement of the child in foster home care, group home care, or
106-5 institutional> care, and its petition shall state that the purpose
106-6 of the suit is to initiate periodic review of the necessity and
106-7 propriety of the child's placement under this chapter.
106-8 SECTION 108. Section 263.202(b), Family Code, as added by
106-9 House Bill 655, Acts of the 74th Legislature, Regular Session,
106-10 1995, is amended to read as follows:
106-11 (b) A status hearing shall be limited to matters related to
106-12 the contents and execution of the service plan filed with the
106-13 court. The court shall review the service plan that the department
106-14 or other agency filed under this chapter for reasonableness,
106-15 accuracy, and compliance with requirements of court orders and make
106-16 findings as to whether:
106-17 (1) a plan that has the goal of returning the child to
106-18 the child's parents adequately ensures that reasonable efforts are
106-19 made to enable the child's parents to provide a safe environment
106-20 for the child; and
106-21 (2) the child's parents have reviewed and understand
106-22 the service plan and have been advised that unless the parents are
106-23 willing and able to provide the child with a safe environment, even
106-24 with the assistance of a service plan, within the reasonable period
106-25 of time specified in the plan, the parents' parental and custodial
106-26 duties and rights may be subject to restriction or to termination
106-27 under this code or the child may not be returned to the parents.
107-1 SECTION 109. Section 263.303(b), Family Code, as added by
107-2 House Bill 655, Acts of the 74th Legislature, Regular Session,
107-3 1995, is amended to read as follows:
107-4 (b) The status report must:
107-5 (1) evaluate all relevant information concerning each
107-6 of the guidelines under this chapter and the parties' compliance
107-7 with the service plan; <and>
107-8 (2) recommend one of the following actions:
107-9 (A) that the child be returned to the child's
107-10 home and that the suit be dismissed;
107-11 (B) that the child be returned to the child's
107-12 home with the department or other agency retaining conservatorship;
107-13 (C) that the child remain in substitute <foster>
107-14 care for a specified period and that the child's parents continue
107-15 to work toward providing the child with a safe environment;
107-16 (D) that the child remain in substitute <foster>
107-17 care for a specified period and that termination of parental rights
107-18 be sought under this code;
107-19 (E) that a child who has resided in substitute
107-20 <foster> care for at least 18 months be placed or remain in
107-21 permanent or long-term substitute <foster> care because of the
107-22 child's special needs or circumstances; or
107-23 (F) that other plans be made or other services
107-24 provided in accordance with the child's special needs or
107-25 circumstances; and
107-26 (3) with respect to a child 16 years of age or older,
107-27 identify the services needed to assist the child in the transition
108-1 to adult life.
108-2 SECTION 110. Section 263.304, Family Code, as added by House
108-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
108-4 amended to read as follows:
108-5 Sec. 263.304. INITIAL REVIEW HEARING; TIME. Not later than
108-6 the 180th day after the date of the conclusion of the full
108-7 adversary hearing under Chapter 262, the court shall hold a
108-8 <review> hearing to review the status of, and permanency plan for,
108-9 a child in substitute care in the court's jurisdiction, including
108-10 the time for the completion of the plan and the projected date for
108-11 the achievement of the child's permanency plan.
108-12 SECTION 111. Section 263.306, Family Code, as added by House
108-13 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
108-14 amended to read as follows:
108-15 Sec. 263.306. REVIEW HEARINGS: PROCEDURE. At each review
108-16 hearing the court shall determine:
108-17 (1) the identity of <identify> all persons or parties
108-18 present at the hearing or those given notice but failing to appear;
108-19 (2) <consider all relevant information pertaining to
108-20 the factors under this chapter to determine> whether the child's
108-21 parents are willing and able to provide the child with a safe
108-22 environment;
108-23 (3) <determine> the extent to which the child's
108-24 parents have taken the necessary actions or responsibilities toward
108-25 achieving the plan goal during the period of the service plan and
108-26 the extent to which the department or other authorized agency has
108-27 provided assistance to the parents as provided in the service plan;
109-1 (4) whether the child continues to need substitute
109-2 care and whether the child's current placement is appropriate for
109-3 meeting the child's needs;
109-4 (5) a date for achieving the child's permanency plan;
109-5 (6) if the child has been in substitute care for not
109-6 less than 18 months, the future status of the child and the
109-7 appropriateness of the date by which the child may return home and
109-8 whether to render further appropriate orders;
109-9 (7) if the child is in substitute care outside the
109-10 state, whether the out-of-state placement continues to be
109-11 appropriate and in the best interest of the child;
109-12 (8) <determine> whether the child's parents are
109-13 willing and able to provide the child with a safe environment
109-14 without the assistance of a service plan and, if so, return the
109-15 child to the parents;
109-16 (9) <(5) determine> whether the child's parents are
109-17 willing and able to provide the child with a safe environment with
109-18 the assistance of a service plan and, if so, return the child or
109-19 continue the placement of the child in the child's home under the
109-20 department's or other agency's supervision;
109-21 (10) <(6) determine> whether the child's parents are
109-22 presently unwilling or unable to provide the child with a safe
109-23 environment, even with the assistance of a service plan, and, if
109-24 so, order the child to remain under the department's or other
109-25 agency's managing conservatorship for a period of time specified by
109-26 the court;
109-27 (11) <(7) determine> whether a long-term substitute
110-1 <foster> care placement is in the child's best interest because of
110-2 the child's special needs or circumstances and, if so, begin a
110-3 long-term substitute <foster> care placement and if the child is
110-4 placed in institutional care, whether efforts have been made to
110-5 ensure placement of the child in the least restrictive environment
110-6 consistent with the best interest and special needs of the child;
110-7 (12) <(8) determine> whether a child is 16 years of
110-8 age or older and, if so, order the services that are needed to
110-9 assist the child in making the transition from substitute <foster>
110-10 care to independent living if the services are available in the
110-11 community;
110-12 (13) <(9) determine> whether the child has been placed
110-13 with the department under a voluntary placement agreement and, if
110-14 so, order that the department will institute further proceedings or
110-15 return the child to the parents;
110-16 (14) <(10) determine> whether the department or
110-17 authorized agency has custody, care, and control of the child under
110-18 an affidavit of relinquishment of parental rights naming the
110-19 department managing conservator and, if so, direct the department
110-20 or authorized agency to institute further proceedings; and
110-21 (15) <(11) determine> whether parental rights to the
110-22 child have been terminated and, if so, determine whether the
110-23 department or authorized agency will attempt to place the child for
110-24 adoption.
110-25 SECTION 112. Section 263.308, Family Code, as added by House
110-26 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
110-27 amended to read as follows:
111-1 Sec. 263.308. PARENTS UNABLE OR UNWILLING TO CARE FOR CHILD.
111-2 <(a)> In a case in which the court determines that an order for
111-3 the child to remain in the managing conservatorship of the
111-4 department or other agency is appropriate, the court shall make a
111-5 finding that the child's parents understand that unless the parents
111-6 are willing and able to provide the child with a safe environment,
111-7 even with the assistance of a service plan, the parents' parental
111-8 and custodial duties and rights may be subject to restriction or to
111-9 termination under this code.
111-10 <(b) In the case of a child residing in foster care for at
111-11 least 18 months, the court shall determine the appropriateness of
111-12 the target date by which the child may return home. The court may
111-13 also enter further orders that are appropriate.>
111-14 SECTION 113. Section 264.009, Family Code, as added by House
111-15 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
111-16 amended to read as follows:
111-17 Sec. 264.009. LEGAL REPRESENTATION OF DEPARTMENT <IN TRIAL
111-18 COURT>. (a) Except as provided by Subsection (b), in <In> any
111-19 action <suit brought> under this title <in which the department
111-20 requests to be named conservator of a child>, the department shall
111-21 be represented in <the trial> court by the:
111-22 (1) prosecuting attorney who represents the state in
111-23 criminal cases in the district or county court of the county where
111-24 the action <suit> is brought <filed or transferred>; or
111-25 (2) attorney general.
111-26 (b) In a county with a population of 2,800,000 or more, in
111-27 an action under this title, the department shall be represented in
112-1 court by the:
112-2 (1) attorney who represents the state in civil cases
112-3 in the district or county court of the county where the action is
112-4 brought; or
112-5 (2) attorney general.
112-6 SECTION 114. Subchapter B, Chapter 264, Family Code, as
112-7 added by House Bill 655, Acts of the 74th Legislature, Regular
112-8 Session, 1995, is amended by adding Section 264.109 to read as
112-9 follows:
112-10 Sec. 264.109. ASSIGNMENT OF SUPPORT RIGHTS IN SUBSTITUTE
112-11 CARE CASES. (a) The placement of a child in substitute care by
112-12 the department constitutes an assignment to the state of any
112-13 support rights attributable to the child as of the date the child
112-14 is placed in substitute care.
112-15 (b) If a child placed by the department in substitute care
112-16 is entitled under federal law to Title IV-D child support
112-17 enforcement services without the requirement of an application for
112-18 services, the department shall immediately refer the case to the
112-19 Title IV-D agency. If an application for Title IV-D services is
112-20 required and the department has been named managing conservator of
112-21 the child, then an authorized representative of the department
112-22 shall be the designated individual entitled to apply for services
112-23 on behalf of the child and shall promptly apply for the services.
112-24 (c) The department and the Title IV-D agency shall execute a
112-25 memorandum of understanding for the implementation of the
112-26 provisions of this section and for the allocation between the
112-27 department and the agency, consistent with federal laws and
113-1 regulations, of any child support funds recovered by the Title IV-D
113-2 agency in substitute care cases. All child support funds recovered
113-3 under this section and retained by the department or the Title IV-D
113-4 agency and any federal matching or incentive funds resulting from
113-5 child support collection efforts in substitute care cases shall be
113-6 in excess of amounts otherwise appropriated to either the
113-7 department or the Title IV-D agency by the legislature.
113-8 SECTION 115. Section 264.602(a), Family Code, as added by
113-9 House Bill 655, Acts of the 74th Legislature, Regular Session,
113-10 1995, is amended to read as follows:
113-11 (a) The statewide organization with which the attorney
113-12 general contracts under Section 264.603 shall contract for services
113-13 with <each> eligible volunteer advocate programs <program> to
113-14 expand the existing services of the programs <program>.
113-15 SECTION 116. Section 264.603, Family Code, as added by House
113-16 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
113-17 amended to read as follows:
113-18 Sec. 264.603. Administrative Contracts. (a) The attorney
113-19 general shall contract with one statewide organization of
113-20 individuals or groups of individuals who have expertise in the
113-21 dynamics of child abuse and neglect and experience in operating
113-22 volunteer advocate programs to<:>
113-23 <(1)> provide training, technical assistance, and
113-24 evaluation services for the benefit of local volunteer advocate
113-25 programs<; and>
113-26 <(2) manage the attorney general's contracts under
113-27 Section 264.602>.
114-1 (b) The contract under this section shall provide that not
114-2 more than 12 percent of the annual legislative appropriation to
114-3 implement this subchapter may be spent for administrative purposes
114-4 by the statewide organization with which the attorney general
114-5 contracts under this section.
114-6 SECTION 117. Section 264.604(b), Family Code, as added by
114-7 House Bill 655, Acts of the 74th Legislature, Regular Session,
114-8 1995, is amended to read as follows:
114-9 (b) The statewide organization with which the attorney
114-10 general contracts under Section 264.603 may not contract with a
114-11 person that is not eligible under this section. However, the
114-12 statewide organization <attorney general> may waive the requirement
114-13 in Subsection (a)(3) for an established program in a rural area or
114-14 under other special circumstances.
114-15 SECTION 118. Section 264.606, Family Code, as added by House
114-16 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
114-17 amended to read as follows:
114-18 Sec. 264.606. Criteria for Award of Contracts. The
114-19 statewide organization with which the attorney general contracts
114-20 under Section 264.603 shall consider the following in awarding a
114-21 contract under Section 264.602:
114-22 (1) the volunteer advocate program's eligibility for
114-23 and use of funds from local, state, or federal governmental
114-24 sources, philanthropic organizations, and other sources;
114-25 (2) community support for the volunteer advocate
114-26 program as indicated by financial contributions from civic
114-27 organizations, individuals, and other community resources;
115-1 (3) whether the volunteer advocate program provides
115-2 services that encourage the permanent placement of children through
115-3 reunification with their families or timely placement with an
115-4 adoptive family; and
115-5 (4) whether the volunteer advocate program has the
115-6 endorsement and cooperation of the local juvenile court system.
115-7 SECTION 119. Section 264.607(b), Family Code, as added by
115-8 House Bill 655, Acts of the 74th Legislature, Regular Session,
115-9 1995, is amended to read as follows:
115-10 (b) The statewide organization with which the attorney
115-11 general contracts under Section 264.603 may require that a
115-12 contract under Section 264.602 require the volunteer advocate
115-13 program to use forms provided by the attorney general.
115-14 SECTION 120. Section 192.003, Health and Safety Code, is
115-15 amended by amending Subsection (d), as added by Section 1, Chapter
115-16 519, Acts of the 73rd Legislature, Regular Session, 1993, and
115-17 Subsections (e) and (f) to read as follows:
115-18 (e) If the mother of the child is not married to the father
115-19 of the child, a person listed by Subsection (a) or (b) who is
115-20 responsible for filing the birth certificate shall <(d) On the
115-21 birth of a child, the hospital, physician, midwife, or person
115-22 acting as a midwife in attendance or their designee at a birth
115-23 may>:
115-24 (1) provide an opportunity for the child's mother and
115-25 biological father to sign the birth certificate or a form
115-26 prescribed by the department in which the biological father
115-27 consents to be named as the child's father on the child's birth
116-1 certificate; and
116-2 (2) provide written information about establishing
116-3 paternity, including an explanation of the rights and
116-4 responsibilities of acknowledging paternity and information about
116-5 the availability of<, including an application for> child support
116-6 services, <furnished by the attorney general,> to the child's
116-7 mother and the father, if present <regarding the benefits of having
116-8 her child's paternity established and of the availability of
116-9 paternity establishment services>.
116-10 (f) <(e)> The local registrar shall transmit signed consent
116-11 forms to the state registrar.
116-12 (g) <(f)> The state registrar shall transmit signed consent
116-13 forms to the attorney general who may use such forms for any
116-14 purpose directly connected with the provision of child support
116-15 services pursuant to Chapter 76, Human Resources Code.
116-16 SECTION 121. Section 8, Article 1.05, Title 79, Revised
116-17 Statutes (Article 5069-1.05, Vernon's Texas Civil Statutes), is
116-18 amended to read as follows:
116-19 Sec. 8. This article does not apply to interest that accrues
116-20 on <delinquent> child support under Section 157.265 <14.34>, Family
116-21 Code.
116-22 SECTION 122. Sections 105.006(f), 162.023, 162.024, and
116-23 264.612(c), Family Code, as added by House Bill 655, Acts of the
116-24 74th Legislature, Regular Session, 1995, are repealed.
116-25 SECTION 123. This Act takes effect September 1, 1995, and
116-26 applies to a pending suit affecting the parent-child relationship
116-27 without regard to whether the suit was commenced before, on, or
117-1 after the effective date of this Act.
117-2 SECTION 124. The importance of this legislation and the
117-3 crowded condition of the calendars in both houses create an
117-4 emergency and an imperative public necessity that the
117-5 constitutional rule requiring bills to be read on three several
117-6 days in each house be suspended, and this rule is hereby suspended.