1-1 By: Zaffirini S.B. No. 338
1-2 (In the Senate - Filed January 26, 1995; January 30, 1995,
1-3 read first time and referred to Committee on Jurisprudence;
1-4 February 28, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 7, Nays 0;
1-6 February 28, 1995, sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 338 By: Harris
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the involuntary termination of the parent-child
1-11 relationship.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Subsection (a), Section 15.02, Family Code, is
1-14 amended to read as follows:
1-15 (a) Except as provided by Subsection (b) of this section, a
1-16 petition requesting termination of the parent-child relationship
1-17 with respect to a parent who is not the petitioner may be granted
1-18 if the court finds <that>:
1-19 (1) that the parent has:
1-20 (A) voluntarily left the child alone or in the
1-21 possession of another not the parent and expressed an intent not to
1-22 return; or
1-23 (B) voluntarily left the child alone or in the
1-24 possession of another not the parent without expressing an intent
1-25 to return, without providing for the adequate support of the child,
1-26 and remained away for a period of at least three months; or
1-27 (C) voluntarily left the child alone or in the
1-28 possession of another without providing adequate support of the
1-29 child and remained away for a period of at least six months; or
1-30 (D) knowingly placed or knowingly allowed the
1-31 child to remain in conditions or surroundings which endanger the
1-32 physical or emotional well-being of the child; or
1-33 (E) engaged in conduct or knowingly placed the
1-34 child with persons who engaged in conduct which endangers the
1-35 physical or emotional well-being of the child; or
1-36 (F) failed to support the child in accordance
1-37 with his ability during a period of one year ending within six
1-38 months of the date of the filing of the petition; or
1-39 (G) abandoned the child without identifying the
1-40 child or furnishing means of identification, and the child's
1-41 identity cannot be ascertained by the exercise of reasonable
1-42 diligence; or
1-43 (H) voluntarily, and with knowledge of the
1-44 pregnancy, abandoned the mother of the child beginning at a time
1-45 during her pregnancy with the child and continuing through the
1-46 birth, failed to provide adequate support or medical care for the
1-47 mother during the period of abandonment before the birth of the
1-48 child, and remained apart from the child or failed to support the
1-49 child since the birth; or
1-50 (I) contumaciously refused to submit to a
1-51 reasonable and lawful order of a court under Section 34.05 of this
1-52 code; or
1-53 (J) been the major cause of:
1-54 (i) the failure of the child to be
1-55 enrolled in school as required by the Texas Education Code; or
1-56 (ii) the child's absence from his home
1-57 without the consent of his parents or guardian for a substantial
1-58 length of time or without the intent to return; or
1-59 (K) executed before or after the suit is filed
1-60 an unrevoked or irrevocable affidavit of relinquishment of parental
1-61 rights as provided by Section 15.03 of this code; or
1-62 (L) been adjudicated to be criminally
1-63 responsible for the death or serious injury of another of his or
1-64 her children; or
1-65 (M) had his or her parent-child relationship
1-66 terminated with respect to another child based on a finding that
1-67 the parent's conduct was in violation of Paragraph (D) or (E) of
1-68 this subdivision; or
2-1 (N) constructively abandoned the child who has
2-2 been in the permanent or temporary managing conservatorship of the
2-3 Department of Protective and Regulatory Services or an authorized
2-4 agency for not less than one year and:
2-5 (i) the department or authorized agency
2-6 has made reasonable efforts to return the child to the parent;
2-7 (ii) the parent has not visited or
2-8 maintained contact with the child; and
2-9 (iii) the parent has demonstrated an
2-10 inability to provide the child with a safe environment; and <in
2-11 addition, the court further finds that>
2-12 (2) that termination is in the best interest of the
2-13 child.
2-14 SECTION 2. This Act takes effect September 1, 1995.
2-15 SECTION 3. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.
2-20 * * * * *