By:  Zaffirini, Nelson                                 S.B. No. 338
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the involuntary termination of the parent-child
    1-2  relationship.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Subsection (a), Section 15.02, Family Code, is
    1-5  amended to read as follows:
    1-6        (a)  Except as provided by Subsection (b) of this section, a
    1-7  petition requesting termination of the parent-child relationship
    1-8  with respect to a parent who is not the petitioner may be granted
    1-9  if the court finds <that>:
   1-10              (1)  that the parent has:
   1-11                    (A)  voluntarily left the child alone or in the
   1-12  possession of another not the parent and expressed an intent not to
   1-13  return; or
   1-14                    (B)  voluntarily left the child alone or in the
   1-15  possession of another not the parent without expressing an intent
   1-16  to return, without providing for the adequate support of the child,
   1-17  and remained away for a period of at least three months; or
   1-18                    (C)  voluntarily left the child alone or in the
   1-19  possession of another without providing adequate support of the
   1-20  child and remained away for a period of at least six months; or
   1-21                    (D)  knowingly placed or knowingly allowed the
   1-22  child to remain in conditions or surroundings which endanger the
   1-23  physical or emotional well-being of the child; or
   1-24                    (E)  engaged in conduct or knowingly placed the
    2-1  child with persons who engaged in conduct which endangers the
    2-2  physical or emotional well-being of the child; or
    2-3                    (F)  failed to support the child in accordance
    2-4  with his ability during a period of one year ending within six
    2-5  months of the date of the filing of the petition; or
    2-6                    (G)  abandoned the child without identifying the
    2-7  child or furnishing means of identification, and the child's
    2-8  identity cannot be ascertained by the exercise of reasonable
    2-9  diligence; or
   2-10                    (H)  voluntarily, and with knowledge of the
   2-11  pregnancy, abandoned the mother of the child beginning at a time
   2-12  during her pregnancy with the child and continuing through the
   2-13  birth, failed to provide adequate support or medical care for the
   2-14  mother during the period of abandonment before the birth of the
   2-15  child, and remained apart from the child or failed to support the
   2-16  child since the birth; or
   2-17                    (I)  contumaciously refused to submit to a
   2-18  reasonable and lawful order of a court under Section 34.05 of this
   2-19  code; or
   2-20                    (J)  been the major cause of:
   2-21                          (i)  the failure of the child to be
   2-22  enrolled in school as required by the Texas Education Code; or
   2-23                          (ii)  the child's absence from his home
   2-24  without the consent of his parents or guardian for a substantial
   2-25  length of time or without the intent to return; or
   2-26                    (K)  executed before or after the suit is filed
   2-27  an unrevoked or irrevocable affidavit of relinquishment of parental
    3-1  rights as provided by Section 15.03 of this code; or
    3-2                    (L)  been adjudicated to be criminally
    3-3  responsible for the death or serious injury of another of his or
    3-4  her children; or
    3-5                    (M)  had his or her parent-child relationship
    3-6  terminated with respect to another child based on a finding that
    3-7  the parent's conduct was in violation of Paragraph (D) or (E) of
    3-8  this subdivision; or
    3-9                    (N)  constructively abandoned the child who has
   3-10  been in the permanent or temporary managing conservatorship of the
   3-11  Department of Protective and Regulatory Services or an authorized
   3-12  agency for not less than one year and:
   3-13                          (i)  the department or authorized agency
   3-14  has made reasonable efforts to return the child to the parent;
   3-15                          (ii)  the parent has not visited or
   3-16  maintained contact with the child; and
   3-17                          (iii)  the parent has demonstrated an
   3-18  inability to provide the child with a safe environment; and <in
   3-19  addition, the court further finds that>
   3-20              (2)  that termination is in the best interest of the
   3-21  child.
   3-22        SECTION 2.  This Act takes effect September 1, 1995.
   3-23        SECTION 3.  The importance of this legislation and the
   3-24  crowded condition of the calendars in both houses create an
   3-25  emergency and an imperative public necessity that the
   3-26  constitutional rule requiring bills to be read on three several
   3-27  days in each house be suspended, and this rule is hereby suspended.