By Zaffirini                                     S.B. No. 390

      75R3337 JMM-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the involuntary termination of the parent-child

 1-3     relationship.

 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;

1-24                       (E)  engaged in conduct or knowingly placed the

 2-1     child with persons who engaged in conduct which endangers the

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

 2-3                       (F)  failed to support the child in accordance

 2-4     with his ability during a period of one year ending within six

 2-5     months of the date of the filing of the petition;

 2-6                       (G)  abandoned the child without identifying the

 2-7     child or furnishing means of identification, and the child's

 2-8     identity cannot be ascertained by the exercise of reasonable

 2-9     diligence;

2-10                       (H)  voluntarily, and with knowledge of the

2-11     pregnancy, abandoned the mother of the child beginning at a time

2-12     during her pregnancy with the child and continuing through the

2-13     birth, failed to provide adequate support or medical care for the

2-14     mother during the period of abandonment before the birth of the

2-15     child, and remained apart from the child or failed to support the

2-16     child since the birth;

2-17                       (I)  contumaciously refused to submit to a

2-18     reasonable and lawful order of a court under Chapter 264;

2-19                       (J)  been the major cause of:

2-20                             (i)  the failure of the child to be

2-21     enrolled in school as required by the Education Code;  or

2-22                             (ii)  the child's absence from the child's

2-23     home without the consent of the parents or guardian for a

2-24     substantial length of time or without the intent to return;

2-25                       (K)  executed before or after the suit is filed

2-26     an unrevoked or irrevocable affidavit of relinquishment of parental

2-27     rights as provided by this chapter;

 3-1                       (L)  been adjudicated to be criminally

 3-2     responsible for the death or serious injury of a child;

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

 3-4     terminated with respect to another child based on a finding that

 3-5     the parent's conduct was in violation of Paragraph (D) or (E) or

 3-6     substantially equivalent provisions of the law of another state;

 3-7     [or]

 3-8                       (N)  constructively abandoned the child who has

 3-9     been in the permanent or temporary managing conservatorship of the

3-10     Department of Protective and Regulatory Services or an authorized

3-11     agency for not less than six months [one year], and:

3-12                             (i)  the department or authorized agency

3-13     has made reasonable efforts to return the child to the parent;

3-14                             (ii)  the parent has not regularly visited

3-15     or maintained significant contact with the child; and

3-16                             (iii)  the parent has demonstrated an

3-17     inability to provide the child with a safe environment;

3-18                       (O)  been adjudicated to be criminally

3-19     responsible for:

3-20                             (i)  causing physical injury to the child

3-21     that results in substantial harm to the child;

3-22                             (ii)  engaging in sexual conduct harmful to

3-23     the child's mental, emotional, or physical welfare;

3-24                             (iii)  causing mental or emotional injury

3-25     to the child that results in an observable and material impairment

3-26     in the child's growth, development, or psychological functioning;

3-27     or

 4-1                             (iv)  leaving the child in a situation in

 4-2     which the child was exposed to substantial physical or mental harm;

 4-3     or

 4-4                       (P)  failed to comply with the provisions of a

 4-5     court order that specifically established the actions necessary for

 4-6     the parent to obtain the return of the child who has been in the

 4-7     permanent or temporary managing conservatorship of the Department

 4-8     of Protective and Regulatory Services for not less than nine months

 4-9     as a result of the child's removal from the parent under Chapter

4-10     262 for the abuse or neglect of the child; and

4-11                 (2)  that termination is in the best interest of the

4-12     child.

4-13           SECTION 2.  This Act takes effect September 1, 1997, and

4-14     applies only to a suit affecting the parent-child relationship

4-15     filed on or after that date.  A suit affecting the parent-child

4-16     relationship filed before the effective date of this Act is

4-17     governed by the law in effect on the date the suit was filed, and

4-18     the former law is continued in effect for that purpose.

4-19           SECTION 3.  The importance of this legislation and the

4-20     crowded condition of the calendars in both houses create an

4-21     emergency and an imperative public necessity that the

4-22     constitutional rule requiring bills to be read on three several

4-23     days in each house be suspended, and this rule is hereby suspended.