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.