By Shapiro S.B. No. 181
75R1493 MCK-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to expediting certain suits to terminate parental rights
1-3 and the conservatorship of a child by the Department of Protective
1-4 and Regulatory Services.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subchapter C, Chapter 161, Family Code, is
1-7 amended by adding Section 161.2025 to read as follows:
1-8 Sec. 161.2025. EXPEDITED TRIAL IN CASES OF SEVERE ABUSE,
1-9 NEGLECT, OR DRUG OR ALCOHOL ABUSE. (a) In a suit to terminate the
1-10 parent-child relationship in which a party alleges that the child's
1-11 physical or mental health or welfare has been affected by severe
1-12 abuse, neglect, or drug or alcohol abuse, the court shall expedite
1-13 the trial and give precedence to the case over all other civil
1-14 cases.
1-15 (b) In this section:
1-16 (1) "Severe abuse" includes abuse that causes serious
1-17 physical or emotional injury or the death of a child and sexual
1-18 abuse of a child.
1-19 (2) "Neglect" has the meaning assigned by Section
1-20 261.001(4).
1-21 SECTION 2. Section 263.303, Family Code, is amended by
1-22 amending Subsection (b) and adding Subsection (d) to read as
1-23 follows:
1-24 (b) The status report must:
2-1 (1) evaluate all relevant information concerning each
2-2 of the guidelines under this chapter and the parties' compliance
2-3 with the service plan;
2-4 (2) recommend one of the following actions:
2-5 (A) that the child be returned to the child's
2-6 home and that the suit be dismissed;
2-7 (B) that the child be returned to the child's
2-8 home with the department or other agency retaining conservatorship;
2-9 (C) that the child remain in substitute care for
2-10 a specified period and that the child's parents continue to work
2-11 toward providing the child with a safe environment;
2-12 (D) that the child remain in substitute care for
2-13 a specified period and that termination of parental rights be
2-14 sought under this code; or
2-15 (E) [that a child who has resided in substitute
2-16 care for at least 18 months be placed or remain in permanent or
2-17 long-term substitute care because of the child's special needs or
2-18 circumstances; or]
2-19 [(F)] that other plans be made or other services
2-20 provided in accordance with the child's special needs or
2-21 circumstances; and
2-22 (3) with respect to a child 16 years of age or older,
2-23 identify the services needed to assist the child in the transition
2-24 to adult life.
2-25 (d) The status report for the first review hearing conducted
2-26 on or after the first anniversary of the date the child was placed
2-27 in the conservatorship of the department shall recommend:
3-1 (1) that the child be returned to the child's parents
3-2 and that the suit be dismissed; or
3-3 (2) that the parents' parental rights to the child be
3-4 terminated and that the department remain the conservator of the
3-5 child.
3-6 SECTION 3. Subchapter D, Chapter 263, Family Code, is
3-7 amended by adding Section 263.3055 to read as follows:
3-8 Sec. 263.3055. COURT ORDER FOLLOWING ONE YEAR OF
3-9 CONSERVATORSHIP WITH DEPARTMENT. At the first review hearing
3-10 conducted on or after the first anniversary of the date the child
3-11 was placed in the conservatorship of the department, the court
3-12 shall order:
3-13 (1) that the child be returned to the child's parents
3-14 and that the suit be dismissed; or
3-15 (2) that the parents' parental rights to the child be
3-16 terminated and that the department remain the conservator of the
3-17 child.
3-18 SECTION 4. Section 263.306, Family Code, is amended to read
3-19 as follows:
3-20 Sec. 263.306. REVIEW HEARINGS: PROCEDURE. At each review
3-21 hearing the court shall determine:
3-22 (1) the identity of all persons or parties present at
3-23 the hearing or those given notice but failing to appear;
3-24 (2) whether the child's parents are willing and able
3-25 to provide the child with a safe environment;
3-26 (3) the extent to which the child's parents have taken
3-27 the necessary actions or responsibilities toward achieving the plan
4-1 goal during the period of the service plan and the extent to which
4-2 the department or other authorized agency has provided assistance
4-3 to the parents as provided in the service plan;
4-4 (4) whether the child continues to need substitute
4-5 care and whether the child's current placement is appropriate for
4-6 meeting the child's needs;
4-7 (5) a date for achieving the child's permanency plan;
4-8 (6) [if the child has been in substitute care for not
4-9 less than 18 months, the future status of the child and the
4-10 appropriateness of the date by which the child may return home and
4-11 whether to render further appropriate orders;]
4-12 [(7)] if the child is in substitute care outside the
4-13 state, whether the out-of-state placement continues to be
4-14 appropriate and in the best interest of the child;
4-15 (7) [(8)] whether the child's parents are willing and
4-16 able to provide the child with a safe environment without the
4-17 assistance of a service plan and, if so, return the child to the
4-18 parents;
4-19 (8) [(9)] whether the child's parents are willing and
4-20 able to provide the child with a safe environment with the
4-21 assistance of a service plan and, if so, return the child or
4-22 continue the placement of the child in the child's home under the
4-23 department's or other agency's supervision;
4-24 (9) [(10)] whether the child's parents are presently
4-25 unwilling or unable to provide the child with a safe environment,
4-26 even with the assistance of a service plan, and, if so, order the
4-27 child to remain under the department's or other agency's managing
5-1 conservatorship for a period of time specified by the court;
5-2 (10) [(11)] whether a long-term substitute care
5-3 placement is in the child's best interest because of the child's
5-4 special needs or circumstances and, if so, begin a long-term
5-5 substitute care placement and if the child is placed in
5-6 institutional care, whether efforts have been made to ensure
5-7 placement of the child in the least restrictive environment
5-8 consistent with the best interest and special needs of the child;
5-9 (11) [(12)] whether a child is 16 years of age or
5-10 older and, if so, order the services that are needed to assist the
5-11 child in making the transition from substitute care to independent
5-12 living if the services are available in the community;
5-13 (12) [(13)] whether the child has been placed with the
5-14 department under a voluntary placement agreement and, if so, order
5-15 that the department will institute further proceedings or return
5-16 the child to the parents;
5-17 (13) [(14)] whether the department or authorized
5-18 agency has custody, care, and control of the child under an
5-19 affidavit of relinquishment of parental rights naming the
5-20 department managing conservator and, if so, direct the department
5-21 or authorized agency to institute further proceedings; and
5-22 (14) [(15)] whether parental rights to the child have
5-23 been terminated and, if so, determine whether the department or
5-24 authorized agency will attempt to place the child for adoption.
5-25 SECTION 5. This Act takes effect September 1, 1997. Section
5-26 1 of this Act applies to all termination cases pending in the
5-27 courts on or after that date. Sections 2 and 3 of this Act apply
6-1 to all cases in which the Department of Protective and Regulatory
6-2 Services has been appointed conservator of a child either before or
6-3 after the effective date of this Act. However, a court may not
6-4 issue an order required by Section 263.3055, Family Code, as added
6-5 by this Act, until September 1, 1998.
6-6 SECTION 6. The importance of this legislation and the
6-7 crowded condition of the calendars in both houses create an
6-8 emergency and an imperative public necessity that the
6-9 constitutional rule requiring bills to be read on three several
6-10 days in each house be suspended, and this rule is hereby suspended.