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.