SRC-JFA S.B. 181 75(R)    BILL ANALYSIS


Senate Research CenterS.B. 181
By: Shapiro
Jurisprudence
2-25-97
As Filed


DIGEST 

Currently, under Texas' child protective system for the fiscal years
1991-95, on a statewide basis, it took an average of 9.5 months to return
a child to a family, 8.7 months to return a child to relatives, and 13.2
months to place a child in long-term substitute care.  The time for
adoption consummation was over 40 months, with significant variation among
regions.  The delays and numerous changes during this process are
detrimental to a child.  S.B. 181 would require courts to give precedence
to cases involving the termination of the parent-child relationship based
on neglect or abuse over all other civil cases.  Additionally, this bill
would authorize the courts to consider two options in the review of the
future status of a child in the custody of the Department of Protective
and Regulatory Services on or after the first anniversary of the date the
child was placed in such custody.   

PURPOSE

As proposed, S.B. 181 requires courts to give precedence to cases
involving the termination of the parent-child relationship based on
neglect or abuse over all other civil cases.  Additionally, this bill
authorizes the courts to consider two options in the review of the future
status of a child in the custody of the Department of Protective and
Regulatory Services on or after the first anniversary of the date the
child was placed in such custody.   

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 161C, Family Code, by adding Section 161.2025,
as follows:  

Sec. 161.2025.  EXPEDITED TRIAL IN CASES OF SEVERE ABUSE, NEGLECT, OR DRUG
OR ALCOHOL ABUSE.  Requires courts to expedite the trial and give
precedence to cases over all other civil cases dealing with the
termination of the parent-child relationship on the alleged grounds that
the child's physical or mental health or welfare has been affected by
severe abuse, neglect, or drug abuse.  Defines "severe abuse" and
"neglect."     

SECTION 2. Amends Section 263.303, Family Code, by amending Subsection (b)
and by adding Subsection (d), to set forth the options the Department of
Protective and Regulatory Services (department) is required to recommend
in a status report on a child in the conservatorship of the department for
the first review hearing held on or after the first anniversary of the
date the child was placed in the conservatorship of the department.  Makes
conforming changes.    

SECTION 3. Amends Chapter 263D, Family Code, by adding Section 263.3055,
as follows:  

Sec.  263.3055.  COURT ORDER FOLLOWING ONE YEAR OF CONSERVATORSHIP WITH
DEPARTMENT. Sets forth the options a court is required to recommend at the
first review hearing conducted on or after the first anniversary of the
date the child was placed in the custody of the department.    

SECTION 4. Amends Section 263.306, Family Code, to make conforming
changes.  

 SECTION 5.   Effective date: September 1, 1997.
  Makes application of SECTION 1 prospective. 
  Makes application of SECTIONS 2 and 3 retroactive.
  Prohibits court orders specified in SECTION 3 from being issued prior to 
  September 1, 1998. 

SECTION 6. Emergency clause.