SRC-AAA C.S.S.B. 345 75(R)BILL ANALYSIS


Senate Research CenterC.S.S.B. 345
By: Harris
Jurisprudence
3-18-97
Committee Report (Substituted)


DIGEST 

Currently, Texas law is not clear that causing a child to be born addicted
to alcohol or drugs is a form of child abuse which could lead to a
termination of the parent-child relationship.  This bill clarifies Texas
law by adding to the grounds for termination of the parent-child
relationship that the parent has been the cause of the child being born
addicted to alcohol or a controlled substance provided that the
termination is in the best interest of the child. 

PURPOSE

As proposed, C.S.S.B. 345  authorizes the parent-child relationship to be
terminated if the parent causes a child to be born addicted to alcohol or
controlled substances. 

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 Section 161.001, Family Code, to authorize the court to
terminate a parentchild relationship if the court finds that the parent
has been the cause of the child being born addicted, as provided by
Section 261.001(7), Family Code,  to alcohol or a controlled substance as
defined by Chapter 481, Health and Safety Code, other than a controlled
substance legally obtained by prescription. 

SECTION 2. Amends Section 261.001(1), Family Code, to define "child born
addicted." 

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 161.001, Family Code, to provide that a court
may terminate a parentchild relationship if the court finds that the
parent has been the cause of a child being born addicted is as provided by
Section 261.001(7), and to except legally obtained prescription drugs from
controlled substances as defined by Chapter 481, Health and Safety Code. 

Amends SECTION 2, Section 261.001(1), to delete a definition of "abuse."
Defines "child born addicted."