SRC-JBJ S.B. 208 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 208
By: Moncrief
Jurisprudence
2/25/1999
As Filed


DIGEST 

Currently, a court is prohibited from awarding custody of a child when
there is evidence that a parent on relative neglected, physically abused,
or sexually abused a child.  Instead, the court must appoint custody to the
nonviolent parent.  However, on several noted occasions, judges have
awarded custody to a violent parent erroneously, assuming a violent act
against a family members would not manifest itself against the child.
Changing the language of the current law would create stricter guidelines
in awarding child custody to a violent parent.   

S.B. 208 would require, rather than authorize, a judge to not award custody
to a person if credible evidence exists of child neglect or physical or
sexual abuse by one parent directed against the other parent, spouse, or
child, unless the person fulfills a range of conditions and the court takes
certain steps to ensure the welfare of the child. 

PURPOSE

As proposed, S.B. 208 orders courts to consider a history of family
violence in child custody cases. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 153.001(a), Family Code, to provide that the
public policy of the state is to provide a safe, stable, and nonviolent
environment for the child, rather than a stable environment. 

SECTION 2.  Amends Section 153.004, Family Code, by amending Subsections
(b) and (c) and by adding Subsection (d), to provide that the court shall
not, rather than may not, appoint joint managing conservators in child
abuse cases when one of the parents has a history of child abuse.
Prohibits the court from appointing custody of a child to a party with a
history of committing Section 71.004, Family Code,  family violence, unless
the court finds that certain conditions exist.  Deletes a requirement that
the court consider the commission of family violence to determine custody
to a parent. 

SECTION 3.  Effective date:  September 1, 1999.
  Makes application of the Act retroactive.

SECTION 4.  Emergency clause.