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.