SRC-JFA S.B. 34 75(R) BILL ANALYSIS
Senate Research Center S.B. 34
By: Zaffirini
Jurisprudence
3-12-97
As Filed
DIGEST
Currently, Title 5, Family Code, sets forth the guidelines relating to,
among other items, the termination of the parent-child relationship and
adoption. Approximately 1,400 children in courtordered state
conservatorship for whom the plan was adopted under the guidelines of
Title 5, Family Code, were legally free for adoption. Approximately one
third of these 1,400 children had been waiting for more than two years to
be adopted, 16 percent of which had been waiting for over three years.
Approximately 40 percent of the children in the custody of the Department
of Protective and Regulatory Services had been in such custody for more
than two years. The Report of the Governor's Committee to Promote
Adoption has suggested various revisions to Title 5, Family Code, relating
to the parent-child relationship, suits affecting the parent-child
relationship, and the protection of children, in order to promote adoption
in Texas. This bill would amend Title 5, Family Code, to reflect the
changes suggested by the Governor's Report to promote adoption.
PURPOSE
As proposed, S.B. 34 amends guidelines relating to parent-child
relationship, suits affecting the parent-child relationship, and the
protection of children in Title 5, Family Code.
RULEMAKING AUTHORITY
Rulemaking authority is granted to the Department of Protective and
Regulatory Services in SECTION 15 (Section 264.207, Family Code) of this
bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 107.006, Family Code, to provide that before a
person may be appointed as guardian ad litem or attorney ad litem, the
person must, among other conditions, complete training approved, rather
than provided, by the State Bar of Texas in, among other items, the
representation of children; and the person must complete as part of the
person's annual continuing legal education requirement no fewer than three
hours in family law issues related to the representation of children.
Authorizes a party to a proceeding in which a person is appointed as a
guardian ad litem or an attorney ad litem to object to appointment of the
person at any time before the date of the trial of the proceeding by
filing a written motion. Requires the court to promptly rule on an
objection raised under this subsection and to order the removal of the
guardian ad litem or attorney ad litem if the court finds that the
objection is justifiable, rather than reasonable. Makes conforming
changes.
SECTION 2. Amends Section 151.002, Family Code, by adding Subsection (c),
to prohibit a man who fails to claim paternity before the 30th day after
the date of the birth of the child from asserting any interest in the
child with respect to the adoption of the child, the termination of
paternal rights, or the establishment of paternity after the filing of a
suit for termination of the man's parental rights or for the adoption of
the child unless the person proves by clear and convincing evidence that
it was not possible to file a notice of intent to claim paternity within
the prescribed time; and a notice of intent to claim paternity was filed
before the 30th day after the date it became possible to file the notice.
SECTION 3. Amends Section 151.003(a), Family Code, by providing that a
parent of a child has certain rights and duties including, among other
duties, the duty to acknowledge parentage in accordance with Section
151.002 or 160.201 of this code. Makes conforming changes.
SECTION 4. Amends Section 161.001, Family Code, to authorize a court to
order termination of the parent-child relationship if the court finds by
clear and convincing evidence that the parent, among other options and
conditions, has had his or her parent-child relationship terminated with
respect to another child based on a finding that the parent's conduct was
in violation of Paragraph (D) or (E) or substantially equivalent
provisions of the law of another state; the parent has constructively
abandoned the child who has been in the permanent or temporary managing
conservatorship of the Department of Protective and Regulatory Services
(department) or an authorized agency, and the department or authorized
agency has made reasonable efforts to return the child to the parent, and
the parent has not regularly visited and, rather than or, maintained
significant contact with the child, or, rather than and, demonstrated an
ability, rather than inability, to provide the child with a safe
environment; the parent has been adjudicated to be criminally responsible
for certain crimes; or the parent has failed to comply with the provisions
of a court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the permanent
or temporary managing conservatorship of the department as a result of the
child's removal from the parent under Chapter 262 for the abuse or neglect
of the child. Makes conforming changes.
SECTION 5. Amends Section 161.002, Family Code, by adding Subsections (c),
(d), and (e), to provide that ignorance of a pregnancy is not sufficient
reason for failing to timely file an admission of paternity or a
counterclaim for paternity under Chapter 160 prior to the final hearing in
the suit. Provides that misrepresentation by the mother or another person
concerning the facts of the pregnancy is not sufficient reason for failing
to timely file an admission of paternity or a counterclaim for paternity
under Chapter 160 prior to the final hearing in the suit. Provides that a
man who has sexual intercourse with a woman is deemed to have knowledge
that sexual intercourse can result in the woman's pregnancy and is
required to file a notice of intent to claim paternity as provided by
Chapter 160 to assert his right to establish paternity of a child that may
result from the sexual intercourse.
SECTION 6. Amends Chapter 262A, Family Code, by adding Section 262.008, as
follows:
Sec. 262.008. ABANDONED CHILDREN. Authorizes an authorized
representative of the department to assume the care, control, and custody
of a child who is abandoned without identification or a means for
identifying the child; and whose identity cannot be asserted by the
exercise of reasonable diligence. Requires the department to immediately
file a suit to terminate the parent-child relationship of a child under
this section. Provides that a child for whom possession is assumed under
this section need not be delivered to the court except on the order of the
court.
SECTION 7. Amends Chapter 263A, Family Code, by adding Sections 263.006
and 263.007, as follows:
Sec. 263.006. ABANDONED CHILD. Requires the department, on obtaining
possession of a child who is abandoned without identification and whose
identity cannot be ascertained by the exercise of reasonable diligence, to
file a suit to terminate the parent-child relationship. Authorizes the
department to seek termination of the parent-child relationship without
filing a service plan or conducting a status hearing or a permanency
hearing. Requires the court to order termination of the parent-child
relationship on a showing by the department by clear and convincing
evidence that grounds for termination under Section 161.002(1)(G) exists;
and termination is in the best interest of the child.
Sec. 263.007. ABUSE, DRUG OR ALCOHOL ABUSE, AND FAILURE TO MEET PAST
SERVICE PLANS. Authorizes the department, after conducting an
investigation under Chapter 261, to seek termination of the parent-child
relationship without filing a service plan or conducting a status hearing
or a permanency hearing if the parent of the child suffers from drug or
alcohol abuse, has abused the child or another child in the parent's
custody, has failed to meet past service plan goals, or has failed to
protect the child or another child in the parent's custody from abuse.
Requires the court to order termination of the parent-child relationship
on a showing by the department by clear and convincing evidence of a
ground for termination under Section 161.001(1) and the termination is in
the best interest of the child. Defines "abuse."
SECTION 8. Amends Section 263.201, Family Code, to require the court, by
the 60th day after the date the court renders a temporary order appointing
the department as temporary managing conservator of a child, rather than
after the date of full adversary hearing under Chapter 262, to hold a
status hearing to review the child's status and the permanency plan
developed for the child.
SECTION 9. Amends the heading to Chapter 263D, Family Code, as follows:
SUBCHAPTER D. New heading: PERMANENCY HEARINGS
SECTION 10. Amends Sections 263.301(a) and (b), Family Code, to require
notice of a permanency, rather than a review, hearing to be given as
provided by certain rules of civil procedure to all persons entitled to
notice of the hearing. Provides that certain persons are entitled to at
least 10 days notice of a permanency hearing, rather than a hearing to
review a child's placement, and are entitled to present evidence and be
heard at the hearing, including an attorney ad litem and a volunteer
advocate appointed for the child under Chapter 107. Makes conforming
changes.
SECTION 11. Amends Chapter 263D, Family Code, by amending Section 263.302
and by adding Section 263.3025, as follows:
Sec. 263.302. CHILD'S ATTENDANCE AT HEARING. Requires the child to
attend each permanency hearing unless the court specifically excuses the
child's attendance. Provides that failure by the child to attend a
hearing does not affect the validity of an order rendered at the hearing.
Makes conforming changes.
Sec. 263.3025. PERMANENCY PLAN. Requires the department to prepare a
permanency plan for a child for whom the department has been appointed
temporary managing conservator. Requires the department to give a copy of
the plan to each person entitled to notice under Section 263.301(b) by the
10th day before the date of the child's first permanency hearing.
Requires the permanency plan to contain the information required to be
included in a permanency progress report under Section 263.303. Requires
the department to modify the permanency plan for a child as required by
the circumstances and needs of the child.
SECTION 12. Amends Chapter 263D, Family Code, by amending Sections
263.303-263.305 and by adding Section 263.3055, as follows:
Sec. 263.303. New heading: PERMANENCY PROGRESS REPORT. Requires the
department or other authorized agency, by the 10th day before the date for
each permanency hearing other than the first permanency hearing, to file
with the court and provide to each party, the child's attorney ad litem,
and the child's volunteer advocate a permanency report, rather than a
status, report, unless the court orders a different period providing the
report. Sets forth the required recommendation options of the permanency
report. Deletes certain provisions relating to the required
recommendation options of the status report. Sets forth the required
recommendation options for the department's permanency progress report for
the first permanency hearing conducted on or after the first anniversary
of the date the child was placed in the conservatorship of the department.
Makes conforming changes.
Sec. 263.304. New heading: INITIAL PERMANENCY HEARING; TIME. Requires
the court, by the 180th day after the date the court renders a temporary
order appointing the department as temporary managing conservator of a
child, rather than after the date of the conclusion of the full adversary
hearing, to hold a permanency hearing to review the status of, and
permanency plan for, the child to ensure that a final order consistent
with that permanency plan is rendered before the date for dismissal of the
suit under Section 263.3055. Deletes provision relating to initial review
hearing.
Sec. 263.305. New heading: SUBSEQUENT PERMANENCY HEARINGS. Requires a
subsequent permanency hearing, rather than a subsequent review hearing, to
be held by the 120th day after the date of the last permanency hearing in
the suit. Authorizes the court to order more frequent hearings for good
cause shown or on the court's own motion. Deletes previous provisions
relating to subsequent review hearings.
Sec. 263.3055. COURT ORDER FOLLOWING ONE YEAR OF CONSERVATORSHIP WITH
DEPARTMENT. Requires the court, at the first permanency hearing conducted
on or after the first anniversary of the date the child was placed in the
department's conservatorship, to order that the child be returned to the
child's parents and the suit be dismissed; or that the parents' parental
rights to the child be terminated and that the department remain the
conservator of the child.
SECTION 13. Amends Section 263.306, Family Code, as follows:
Sec. 263.306. New heading: PERMANENCY HEARINGS: PROCEDURE. Sets forth
the procedures the court is required to follow at each permanency hearing.
Deletes provisions relating to determinations the court is required to
make at each review hearing. Makes conforming changes.
SECTION 14. Amends Chapter 264B, Family Code, by adding Sections 264.110
and 264.111, as follows:
Sec. 264.110. ADOPTION AND FOSTER CARE INFORMATION. Requires the
department to maintain in the department's central database information
concerning children placed in the department's custody, including certain
information on each formal adoption of a child in this state; and certain
information on each placement of a child in foster care. Requires the
department to compile certain information relating to adoptions and
adoption services. Requires the department to make the information
maintained under this section, other than information that is required by
law to be confidential, available to the public by computer.
Sec. 264.111. STATUS REVIEW OF CHILDREN IN FOSTER CARE. Requires the
department to review the status of each child in foster care at least once
every 12 months. Requires the status review to analyze the length of time
the child has been in foster care and the barriers to placing the child
for adoption or returning the child to the child's parents. Requires the
department to report the results of the status review for each child in
foster care to the Board of Protective and Regulatory Services.
SECTION 15. Amends Chapter 264C, Family Code, by adding Sections 264.206
and 264.207, as follows:
Sec. 264.206. SEARCH FOR ADOPTIVE PARENTS. Requires the department to
begin its efforts to locate qualified persons to adopt a child at the time
the department decides to petition for the termination of the parent-child
relationship with regard to the child.
Sec. 264.207. DEPARTMENT PLANNING AND ACCOUNTABILITY. Requires the
department to adopt policies that provide for the improvement of the
department's services for children and families. Requires the policies to
be designed to increase the accountability of the department to
individuals who receive services and to the public; and to assure
consistency of services provided by the department in the different
regions of the state. Requires the department to establish time frames for
the initial screening of families seeking to adopt children; provide for
the evaluation of the effectiveness of the department's management-level
employees in expeditiously making permanent placements of the children;
establish comprehensive assessment service centers in various locations in
the state to determine the needs of children and families served by the
department; and emphasize and centralize the monitoring and promoting of
the permanent placement of children receiving department services.
SECTION 16. Amends Section 264.603(a), Family Code, to require a certain
contract to require measurable goals and objectives for expanding local
volunteer child advocate programs to areas of the state in which those
programs do not exist.
SECTION 17. Amends Chapter 72C, Government Code, by adding Section 72.028,
as follows:
Sec. 72.028. REPORT ON JUDICIAL EFFICIENCY IN CERTAIN FAMILY LAW CASES.
Requires the Office of Court Administration of the Texas Judicial System
(office) to prepare and submit a report on judicial efficiency in cases
brought by the department under Title 5, Family Code, to the governor, the
lieutenant governor, the speaker of the house of representatives, and the
chief justice of the supreme court by December 1 of each year. Requires
the report to cover a one-year period beginning September 1 of the
preceding year and to include certain information about cases brought by
the department under Title 5, Family Code. Requires the department to
cooperate with the office in the preparation of the report.
SECTION 18. Effective date: September 1, 1997.
SECTION 19. (a)-(b) Provides that changes in law made by the amending
Sections 107.006 and 161.001, Family Code, by this Act, and by adding
Sections 262.008, 263.006, and 263.007, Family Code, by this Act, are
prospective.
(c) Provides that changes in law made by amending Sections 263.201 and
263.301 263.306, Family Code, by this Act, and by adding Sections 263.302,
263.3055, and 264.206264.207, Family Code, by this Act, are retroactive.
Prohibits a court from issuing an order required by Sections 263.3055,
Family Code, as added by this Act, until the first anniversary of the
effective date of this Act.
(d) Requires the Office of Court Administration of the Texas Judicial
System to submit the first report under Section 72.028, Government Code,
as added by this Act, by December 1, 1998.
SECTION 20. Emergency clause.