By Zaffirini S.B. No. 338 74R1491 JMM-F A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the involuntary termination of the parent-child 1-3 relationship. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. Section 15.02(a), Family Code, is amended to read 1-6 as follows: 1-7 (a) Except as provided by Subsection (b) of this section, a 1-8 petition requesting termination of the parent-child relationship 1-9 with respect to a parent who is not the petitioner may be granted 1-10 if the court finds that: 1-11 (1) the parent has: 1-12 (A) voluntarily left the child alone or in the 1-13 possession of another not the parent and expressed an intent not to 1-14 return; or 1-15 (B) voluntarily left the child alone or in the 1-16 possession of another not the parent without expressing an intent 1-17 to return, without providing for the adequate support of the child, 1-18 and remained away for a period of at least three months; or 1-19 (C) voluntarily left the child alone or in the 1-20 possession of another without providing adequate support of the 1-21 child and remained away for a period of at least six months; or 1-22 (D) knowingly placed or knowingly allowed the 1-23 child to remain in conditions or surroundings which endanger the 1-24 physical or emotional well-being of the child; or 2-1 (E) engaged in conduct or knowingly placed the 2-2 child with persons who engaged in conduct which endangers the 2-3 physical or emotional well-being of the child; or 2-4 (F) failed to support the child in accordance 2-5 with his ability during a period of one year ending within six 2-6 months of the date of the filing of the petition; or 2-7 (G) abandoned the child without identifying the 2-8 child or furnishing means of identification, and the child's 2-9 identity cannot be ascertained by the exercise of reasonable 2-10 diligence; or 2-11 (H) voluntarily, and with knowledge of the 2-12 pregnancy, abandoned the mother of the child beginning at a time 2-13 during her pregnancy with the child and continuing through the 2-14 birth, failed to provide adequate support or medical care for the 2-15 mother during the period of abandonment before the birth of the 2-16 child, and remained apart from the child or failed to support the 2-17 child since the birth; or 2-18 (I) contumaciously refused to submit to a 2-19 reasonable and lawful order of a court under Section 34.05 of this 2-20 code; or 2-21 (J) been the major cause of: 2-22 (i) the failure of the child to be 2-23 enrolled in school as required by the Texas Education Code; or 2-24 (ii) the child's absence from his home 2-25 without the consent of his parents or guardian for a substantial 2-26 length of time or without the intent to return; or 2-27 (K) executed before or after the suit is filed 3-1 an unrevoked or irrevocable affidavit of relinquishment of parental 3-2 rights as provided by Section 15.03 of this code; or 3-3 (L) been adjudicated to be criminally 3-4 responsible for the death or serious injury of another of his or 3-5 her children; or 3-6 (M) had his or her parent-child relationship 3-7 terminated with respect to another child based on a finding that 3-8 the parent's conduct was in violation of Paragraph (D) or (E) of 3-9 this subdivision; or 3-10 (N) constructively abandoned the child who has 3-11 been in the managing conservatorship of the Department of 3-12 Protective and Regulatory Services or an authorized agency for not 3-13 less than one year and the parent: 3-14 (i) has not visited or maintained contact 3-15 with the child; and 3-16 (ii) is unwilling or unable to provide the 3-17 child with a safe environment even with the assistance of a service 3-18 plan under Chapter 18 of this code; and in addition, the court 3-19 further finds that 3-20 (2) termination is in the best interest of the child. 3-21 SECTION 2. This Act takes effect September 1, 1995. 3-22 SECTION 3. The importance of this legislation and the 3-23 crowded condition of the calendars in both houses create an 3-24 emergency and an imperative public necessity that the 3-25 constitutional rule requiring bills to be read on three several 3-26 days in each house be suspended, and this rule is hereby suspended.