By Hilbert                                      H.B. No. 3313

      75R5195 SKB-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the termination of the parent-child relationship.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 161.001, Family Code, is amended to read

 1-5     as follows:

 1-6           Sec. 161.001.  Involuntary Termination of Parent-Child

 1-7     Relationship.  The court may order termination of the parent-child

 1-8     relationship if the court finds by clear and convincing evidence:

 1-9                 (1)  that the parent has:

1-10                       (A)  voluntarily left the child alone or in the

1-11     possession of another not the parent and expressed an intent not to

1-12     return;

1-13                       (B)  voluntarily left the child alone or in the

1-14     possession of another not the parent without expressing an intent

1-15     to return, without providing for the adequate support of the child,

1-16     and remained away for a period of at least three months;

1-17                       (C)  voluntarily left the child alone or in the

1-18     possession of another without providing adequate support of the

1-19     child and remained away for a period of at least six months;

1-20                       (D)  knowingly placed or knowingly allowed the

1-21     child to remain in conditions or surroundings which endanger the

1-22     physical or emotional well-being of the child;

1-23                       (E)  engaged in conduct or knowingly placed the

1-24     child with persons who engaged in conduct which endangers the

 2-1     physical or emotional well-being of the child;

 2-2                       (F)  failed to support the child in accordance

 2-3     with his ability during a period of one year ending within six

 2-4     months of the date of the filing of the petition;

 2-5                       (G)  abandoned the child without identifying the

 2-6     child or furnishing means of identification, and the child's

 2-7     identity cannot be ascertained by the exercise of reasonable

 2-8     diligence;

 2-9                       (H)  voluntarily, and with knowledge of the

2-10     pregnancy, abandoned the mother of the child beginning at a time

2-11     during her pregnancy with the child and continuing through the

2-12     birth, failed to provide adequate support or medical care for the

2-13     mother during the period of abandonment before the birth of the

2-14     child, and remained apart from the child or failed to support the

2-15     child since the birth;

2-16                       (I)  contumaciously refused to submit to a

2-17     reasonable and lawful order of a court under Chapter 264;

2-18                       (J)  been the major cause of:

2-19                             (i)  the failure of the child to be

2-20     enrolled in school as required by the Education Code; or

2-21                             (ii)  the child's absence from the child's

2-22     home without the consent of the parents or guardian for a

2-23     substantial length of time or without the intent to return;

2-24                       (K)  executed before or after the suit is filed

2-25     an unrevoked or irrevocable affidavit of relinquishment of parental

2-26     rights as provided by this chapter;

2-27                       (L)  been adjudicated to be criminally

 3-1     responsible for the death or serious injury of a child;

 3-2                       (M)  had his or her parent-child relationship

 3-3     terminated in this or another state with respect to another child

 3-4     based on a finding that the  parent's conduct was in violation of

 3-5     Paragraph (D) or (E) or a similar provision from another state; or

 3-6                       (N)  constructively abandoned the child who has

 3-7     been in the permanent or temporary managing conservatorship of the

 3-8     Department of Protective and Regulatory Services or an authorized

 3-9     agency for not less than six months [one year], and:

3-10                             (i)  the department or authorized agency

3-11     has made reasonable efforts to return the child to the parent;

3-12                             (ii)  the parent has not visited or

3-13     maintained contact with the child; and

3-14                             (iii)  the parent has demonstrated an

3-15     inability to provide the child with a safe environment; and

3-16                 (2)  that termination is in the best interest of the

3-17     child.

3-18           SECTION 2.  The importance of this legislation and the

3-19     crowded condition of the calendars in both houses create an

3-20     emergency and an imperative public necessity that the

3-21     constitutional rule requiring bills to be read on three several

3-22     days in each house be suspended, and this rule is hereby suspended,

3-23     and that this Act take effect and be in force from and after its

3-24     passage, and it is so enacted.