74R10896 JMM-F
          By Zaffirini                                           S.B. No. 338
          Substitute the following for S.B. No. 338:
          By Cuellar of Webb                                 C.S.S.B. No. 338
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the termination of the parent-child relationship.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 161.001, Family Code, as added by House
    1-5  Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
    1-6  amended to read as follows:
    1-7        Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
    1-8  RELATIONSHIP.  The court may order termination of the parent-child
    1-9  relationship if the court finds by clear and convincing evidence
   1-10  that:
   1-11              (1)  the parent has:
   1-12                    (A)  voluntarily left the child alone or in the
   1-13  possession of another not the parent and expressed an intent not to
   1-14  return;
   1-15                    (B)  voluntarily left the child alone or in the
   1-16  possession of another not the parent without expressing an intent
   1-17  to return, without providing for the adequate support of the child,
   1-18  and remained away for a period of at least three months;
   1-19                    (C)  voluntarily left the child alone or in the
   1-20  possession of another without providing adequate support of the
   1-21  child and remained away for a period of at least six months;
   1-22                    (D)  knowingly placed or knowingly allowed the
   1-23  child to remain in conditions or surroundings which endanger the
   1-24  physical or emotional well-being of the child;
    2-1                    (E)  engaged in conduct or knowingly placed the
    2-2  child with persons who engaged in conduct which endangers the
    2-3  physical or emotional well-being of the child;
    2-4                    (F)  failed to support the child in accordance
    2-5  with his ability during a period of one year ending within six
    2-6  months of the date of the filing of the petition;
    2-7                    (G)  abandoned the child without identifying the
    2-8  child or furnishing means of identification, and the child's
    2-9  identity cannot be ascertained by the exercise of reasonable
   2-10  diligence;
   2-11                    (H)  voluntarily, and with knowledge of the
   2-12  pregnancy, abandoned the mother of the child beginning at a time
   2-13  during her pregnancy with the child and continuing through the
   2-14  birth, failed to provide adequate support or medical care for the
   2-15  mother during the period of abandonment before the birth of the
   2-16  child, and remained apart from the child or failed to support the
   2-17  child since the birth;
   2-18                    (I)  contumaciously refused to submit to a
   2-19  reasonable and lawful order of a court under Chapter 264;
   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 Education Code; or
   2-23                          (ii)  the child's absence from the child's
   2-24  home without the consent of the parents or guardian for a
   2-25  substantial length of time or without the intent to return;
   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 this chapter;
    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); or
    3-8                    (N)  constructively abandoned the child who has
    3-9  been in the permanent or temporary managing conservatorship of the
   3-10  Department of Protective and Regulatory Services or an authorized
   3-11  agency for not less than one year and:
   3-12                          (i)  the department or authorized agency
   3-13  has made reasonable efforts to return the child to the parent;
   3-14                          (ii)  the parent has not visited or
   3-15  maintained contact with the child; and
   3-16                          (iii)  the parent has demonstrated an
   3-17  inability to provide the child with a safe environment; and
   3-18              (2)  termination is in the best interest of the child.
   3-19        SECTION 2.  Section 161.206(a), Family Code, as added by
   3-20  House Bill 655, Acts of the 74th Legislature, Regular Session,
   3-21  1995, is amended to read as follows:
   3-22        (a)  If the court finds by clear and convincing evidence
   3-23  grounds for termination of the parent-child relationship, it shall
   3-24  render an order terminating the parent-child relationship.
   3-25        SECTION 3.  This Act takes effect September 1, 1995.
   3-26        SECTION 4.  The importance of this legislation and the
   3-27  crowded condition of the calendars in both houses create an
    4-1  emergency and an imperative public necessity that the
    4-2  constitutional rule requiring bills to be read on three several
    4-3  days in each house be suspended, and this rule is hereby suspended.