CJ S.B. 52 75(R)BILL ANALYSIS


JUVENILE JUSTICE & FAMILY ISSUES
S.B. 52
By: Shapiro (Galloway)
4-4-97
Committee Report (Amended)


BACKGROUND 

Currently, Texas law provides that there is a two-year limitation for the
appeal of adoption cases, whereas the limitation for other civil cases is
six months.  Thus, blood relatives of an adopted child have up to
two-years to petition to overturn the adoption.  C.S.S.B. 52 narrows the
period in which an adoption may be contested from two years to six months.
This bill also sets forth certain provisions regarding a direct or
collateral attack on a termination order. 

PURPOSE

As proposed, C.S.S.B. 52, provides that the validity of an adoption order
is not subject to attack after six months after the date the order is
rendered.  This bill also provides that the validity of an order
terminating the parental rights of certain persons is not subject to
direct or collateral attack after six months after the order was signed. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 162.012(a), Family Code, to provide that the
validity of an adoption order is not subject to attack after six months
after the date the order was signed, rather than after the second
anniversary of the date the order was rendered. 

SECTION 2. Amends Chapter 161C, Family Code, by adding Section 161.211, as
follows: 

Sec. 161.211.  DIRECT OR COLLATERAL ATTACK ON TERMINATION.  Provides that
the validity of an order terminating the parental rights of a person who
has been personally served or who has executed an affidavit of
relinquishment of parental rights or an affidavit of waiver of interest in
a child is not subject to collateral or direct attack after six months
after the date the order was signed.  Provides that the validity of an
order terminating the parental rights of a person who is served by
citation by publication is not subject to collateral or direct attack
after the sixth month of the date the order was signed.  Provides that a
direct or collateral attack on an order terminating parental rights based
on an unrevoked affidavit of relinquishment of parental rights or
affidavit of waiver of interest in a child is limited to issues relating
to fraud, duress, or coercion in the execution of the affidavit. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends SECTION 1, Section 162.012(a), Family Code, to provide that the
validity of an adoption order is not subject to attack after six months
after the date the order was signed, rather than rendered. 
 
Amends SECTION 2 by adding Section 161.211, Family Code, regarding direct
or collateral attack on a termination order.  Redesignates proposed
SECTION 2  as SECTION 3. 

Amends SECTION 3 to include an order terminating parental rights.
Redesignates proposed SECTION 3 as SECTION 4. 



EXPLANATION OF AMENDMENTS

Committee amendment 1 added a reference to Rule 329 of the Texas Rules of
Civil Procedure in Section 1 and 2 to clarify that this section has
priority over the rule.