1-1     By:  Harris                                            S.B. No. 345

 1-2           (In the Senate - Filed January 29, 1997; February 3, 1997,

 1-3     read first time and referred to Committee on Jurisprudence;

 1-4     March 19, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 5, Nays 0; March 19, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 345                   By:  Harris

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to suits and investigations concerning the parent-child

1-11     relationship that involve children born addicted to certain

1-12     substances.

1-13           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-14           SECTION 1.  Section 161.001, Family Code, is amended to read

1-15     as follows:

1-16           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD

1-17     RELATIONSHIP.  The court may order termination of the parent-child

1-18     relationship if the court finds by clear and convincing evidence:

1-19                 (1)  that the parent has:

1-20                       (A)  voluntarily left the child alone or in the

1-21     possession of another not the parent and expressed an intent not to

1-22     return;

1-23                       (B)  voluntarily left the child alone or in the

1-24     possession of another not the parent without expressing an intent

1-25     to return, without providing for the adequate support of the child,

1-26     and remained away for a period of at least three months;

1-27                       (C)  voluntarily left the child alone or in the

1-28     possession of another without providing adequate support of the

1-29     child and remained away for a period of at least six months;

1-30                       (D)  knowingly placed or knowingly allowed the

1-31     child to remain in conditions or surroundings which endanger the

1-32     physical or emotional well-being of the child;

1-33                       (E)  engaged in conduct or knowingly placed the

1-34     child with persons who engaged in conduct which endangers the

1-35     physical or emotional well-being of the child;

1-36                       (F)  failed to support the child in accordance

1-37     with his ability during a period of one year ending within six

1-38     months of the date of the filing of the petition;

1-39                       (G)  abandoned the child without identifying the

1-40     child or furnishing means of identification, and the child's

1-41     identity cannot be ascertained by the exercise of reasonable

1-42     diligence;

1-43                       (H)  voluntarily, and with knowledge of the

1-44     pregnancy, abandoned the mother of the child beginning at a time

1-45     during her pregnancy with the child and continuing through the

1-46     birth, failed to provide adequate support or medical care for the

1-47     mother during the period of abandonment before the birth of the

1-48     child, and remained apart from the child or failed to support the

1-49     child since the birth;

1-50                       (I)  contumaciously refused to submit to a

1-51     reasonable and lawful order of a court under Chapter 264;

1-52                       (J)  been the major cause of:

1-53                             (i)  the failure of the child to be

1-54     enrolled in school as required by the Education Code; or

1-55                             (ii)  the child's absence from the child's

1-56     home without the consent of the parents or guardian for a

1-57     substantial length of time or without the intent to return;

1-58                       (K)  executed before or after the suit is filed

1-59     an unrevoked or irrevocable affidavit of relinquishment of parental

1-60     rights as provided by this chapter;

1-61                       (L)  been adjudicated to be criminally

1-62     responsible for the death or serious injury of a child;

1-63                       (M)  had his or her parent-child relationship

1-64     terminated with respect to another child based on a finding that

 2-1     the parent's conduct was in violation of Paragraph (D) or (E); [or]

 2-2                       (N)  constructively abandoned the child who has

 2-3     been in the permanent or temporary managing conservatorship of the

 2-4     Department of Protective and Regulatory Services or an authorized

 2-5     agency for not less than one year, and:

 2-6                             (i)  the department or authorized agency

 2-7     has made reasonable efforts to return the child to the parent;

 2-8                             (ii)  the parent has not visited or

 2-9     maintained contact with the child; and

2-10                             (iii)  the parent has demonstrated an

2-11     inability to provide the child with a safe environment; or

2-12                       (O)  been the cause of the child being born

2-13     addicted, as provided by Section 261.001(7), to alcohol or a

2-14     controlled substance as defined by Chapter 481, Health and Safety

2-15     Code, other than a controlled substance legally obtained by

2-16     prescription; and

2-17                 (2)  that termination is in the best interest of the

2-18     child.

2-19           SECTION 2.  Section 261.001, Family Code, is amended by

2-20     adding Subdivision (7) to read as follows:

2-21                 (7)  "Child born addicted" means a child who, as a

2-22     result of the mother's use of alcohol or a controlled substance as

2-23     defined by Chapter 481, Health and Safety Code, exhibits:

2-24                       (A)  observable and harmful effects from alcohol

2-25     or the substance in the child's physical appearance or functioning

2-26     immediately following birth or at a subsequent time;

2-27                       (B)  observable and harmful effects of withdrawal

2-28     from alcohol or the substance in the child's physical appearance or

2-29     functioning during the period following birth; or

2-30                       (C)  a demonstrable presence of alcohol or a

2-31     controlled substance in the child's bodily fluids during the period

2-32     immediately following birth.

2-33           SECTION 3.  This Act takes effect September 1, 1997, and

2-34     applies only to a child born on or after that date.

2-35           SECTION 4.  The importance of this legislation and the

2-36     crowded condition of the calendars in both houses create an

2-37     emergency and an imperative public necessity that the

2-38     constitutional rule requiring bills to be read on three several

2-39     days in each house be suspended, and this rule is hereby suspended.

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