By:  Harris                                            S.B. No. 345

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to suits and investigations concerning the parent-child

 1-2     relationship that involve children born addicted to certain

 1-3     substances.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Section 161.001, Family Code, is amended to read

 1-6     as follows:

 1-7           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

 1-8     RELATIONSHIP.  The court may order termination of the parent-child

 1-9     relationship if the court finds by clear and convincing evidence:

1-10                 (1)  that the parent has:

1-11                       (A)  voluntarily left the child alone or in the

1-12     possession of another not the parent and expressed an intent not to

1-13     return;

1-14                       (B)  voluntarily left the child alone or in the

1-15     possession of another not the parent without expressing an intent

1-16     to return, without providing for the adequate support of the child,

1-17     and remained away for a period of at least three months;

1-18                       (C)  voluntarily left the child alone or in the

1-19     possession of another without providing adequate support of the

1-20     child and remained away for a period of at least six months;

1-21                       (D)  knowingly placed or knowingly allowed the

1-22     child to remain in conditions or surroundings which endanger the

1-23     physical or emotional well-being of the child;

 2-1                       (E)  engaged in conduct or knowingly placed the

 2-2     child with persons who engaged in conduct which endangers the

 2-3     physical or emotional well-being of the child;

 2-4                       (F)  failed to support the child in accordance

 2-5     with his ability during a period of one year ending within six

 2-6     months of the date of the filing of the petition;

 2-7                       (G)  abandoned the child without identifying the

 2-8     child or furnishing means of identification, and the child's

 2-9     identity cannot be ascertained by the exercise of reasonable

2-10     diligence;

2-11                       (H)  voluntarily, and with knowledge of the

2-12     pregnancy, abandoned the mother of the child beginning at a time

2-13     during her pregnancy with the child and continuing through the

2-14     birth, failed to provide adequate support or medical care for the

2-15     mother during the period of abandonment before the birth of the

2-16     child, and remained apart from the child or failed to support the

2-17     child since the birth;

2-18                       (I)  contumaciously refused to submit to a

2-19     reasonable and lawful order of a court under Chapter 264;

2-20                       (J)  been the major cause of:

2-21                             (i)  the failure of the child to be

2-22     enrolled in school as required by the Education Code; or

2-23                             (ii)  the child's absence from the child's

2-24     home without the consent of the parents or guardian for a

2-25     substantial length of time or without the intent to return;

 3-1                       (K)  executed before or after the suit is filed

 3-2     an unrevoked or irrevocable affidavit of relinquishment of parental

 3-3     rights as provided by this chapter;

 3-4                       (L)  been adjudicated to be criminally

 3-5     responsible for the death or serious injury of a child;

 3-6                       (M)  had his or her parent-child relationship

 3-7     terminated with respect to another child based on a finding that

 3-8     the parent's conduct was in violation of Paragraph (D) or (E); [or]

 3-9                       (N)  constructively abandoned the child who has

3-10     been in the permanent or temporary managing conservatorship of the

3-11     Department of Protective and Regulatory Services or an authorized

3-12     agency for not less than one year, and:

3-13                             (i)  the department or authorized agency

3-14     has made reasonable efforts to return the child to the parent;

3-15                             (ii)  the parent has not visited or

3-16     maintained contact with the child; and

3-17                             (iii)  the parent has demonstrated an

3-18     inability to provide the child with a safe environment; or

3-19                       (O)  been the cause of the child being born

3-20     addicted, as provided by Section 261.001(7), to alcohol or a

3-21     controlled substance as defined by Chapter 481, Health and Safety

3-22     Code, other than a controlled substance legally obtained by

3-23     prescription; and

3-24                 (2)  that termination is in the best interest of the

3-25     child.

 4-1           SECTION 2.  Section 261.001, Family Code, is amended by

 4-2     adding Subdivision (7) to read as follows:

 4-3                 (7)  "Child born addicted" means a child who, as a

 4-4     result of the mother's use of alcohol or a controlled substance as

 4-5     defined by Chapter 481, Health and Safety Code, exhibits:

 4-6                       (A)  observable and harmful effects from alcohol

 4-7     or the substance in the child's physical appearance or functioning

 4-8     immediately following birth or at a subsequent time;

 4-9                       (B)  observable and harmful effects of withdrawal

4-10     from alcohol or the substance in the child's physical appearance or

4-11     functioning during the period following birth; or

4-12                       (C)  a demonstrable presence of alcohol or a

4-13     controlled substance in the child's bodily fluids during the period

4-14     immediately following birth.

4-15           SECTION 3.  This Act takes effect September 1, 1997, and

4-16     applies only to a child born on or after that date.

4-17           SECTION 4.  The importance of this legislation and the

4-18     crowded condition of the calendars in both houses create an

4-19     emergency and an imperative public necessity that the

4-20     constitutional rule requiring bills to be read on three several

4-21     days in each house be suspended, and this rule is hereby suspended.