By Goodman H.B. No. 1210
76R4547 JMM-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to a suit affecting the parent-child relationship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 102.003, Family Code, is amended to read
1-5 as follows:
1-6 Sec. 102.003. GENERAL STANDING TO FILE SUIT. An original
1-7 suit may be filed at any time by:
1-8 (1) a parent of the child;
1-9 (2) the child through a representative authorized by
1-10 the court;
1-11 (3) a custodian or person having the right of
1-12 visitation with or access to the child appointed by an order of a
1-13 court of another state or country;
1-14 (4) a guardian of the person or of the estate of the
1-15 child;
1-16 (5) a governmental entity;
1-17 (6) an authorized agency;
1-18 (7) a licensed child placing agency;
1-19 (8) a man alleging himself to be the biological father
1-20 of a child filing in accordance with Chapter 160, subject to the
1-21 limitations of Section 160.101, but not otherwise;
1-22 (9) a person who has had actual care, control, and
1-23 possession of the child for at least [not less than] six months
1-24 during a 12-month period ending not more than 90 days preceding the
2-1 date of the filing of the petition;
2-2 (10) a person designated as the managing conservator
2-3 in a revoked or unrevoked affidavit of relinquishment under Chapter
2-4 161 or to whom consent to adoption has been given in writing under
2-5 Chapter 162;
2-6 (11) a person with whom the child and the child's
2-7 guardian, managing conservator, or parent have resided for at least
2-8 [not less than] six months during a 12-month period ending not more
2-9 than 90 days preceding the date of the filing of the petition if
2-10 the child's guardian, managing conservator, or parent is deceased
2-11 at the time of the filing of the petition; or
2-12 (12) a person who is the foster parent of a child
2-13 placed by the Department of Protective and Regulatory Services in
2-14 the person's home for at least [a period of not less than] 18
2-15 months during a 24-month period ending not more than 90 days
2-16 preceding the date of the filing of the petition.
2-17 SECTION 2. Sections 105.001(b) and (d), Family Code, are
2-18 amended to read as follows:
2-19 (b) Except as provided by Subsection (c), temporary
2-20 restraining orders and temporary injunctions under this section
2-21 shall be granted without the necessity of an affidavit or verified
2-22 pleading stating specific facts showing that immediate and
2-23 irreparable injury, loss, or damage will result before notice can
2-24 be served and a hearing can be held. Except as provided by
2-25 Subsection (h), an order may not be rendered under Subsection
2-26 (a)(1), (2), or (5) except after notice and a hearing. A temporary
2-27 restraining order or temporary injunction granted under this
3-1 section need not:
3-2 (1) define the injury or state why it is irreparable;
3-3 [or]
3-4 (2) state why the order was granted without notice; or
3-5 (3) include an order setting the cause for trial on
3-6 the merits with respect to the ultimate relief requested.
3-7 (d) In a suit, the court may dispense with the necessity
3-8 of[:]
3-9 [(1)] a bond in connection with temporary orders on
3-10 [in] behalf of the child[; and]
3-11 [(2) setting the cause for trial on the merits with
3-12 respect to the ultimate relief requested].
3-13 SECTION 3. Subchapter A, Chapter 107, Family Code, is
3-14 amended by adding Section 107.004 to read as follows:
3-15 Sec. 107.004. GUARDIAN AD LITEM FEES. (a) A guardian ad
3-16 litem appointed to represent a child or parent under this
3-17 subchapter may be awarded reasonable fees and expenses in an amount
3-18 set by the court to compensate the guardian ad litem for the duties
3-19 performed. The fees and expenses shall be paid by the parents of
3-20 the child unless the parents are indigent.
3-21 (b) If the court or associate judge determines that one or
3-22 more of the parties are able to defray the costs of a guardian ad
3-23 litem's fees and expenses as determined by the reasonable and
3-24 customary fees for similar services in the county of jurisdiction,
3-25 the fees and expenses may be ordered paid by one or more of those
3-26 parties, or the court or associate judge may order one or more of
3-27 those parties, before final hearing, to pay the sums into the
4-1 registry of the court or into an account authorized by the court
4-2 for the use and benefit of the guardian ad litem on order of the
4-3 court. The sums may be taxed as costs to be assessed against one
4-4 or more of the parties.
4-5 SECTION 4. Section 107.0135, Family Code, is amended to read
4-6 as follows:
4-7 Sec. 107.0135. APPOINTMENT OF ATTORNEY AD LITEM NOT
4-8 REQUIRED; CERTAIN CASES. A court is not required [under this
4-9 section] to appoint an attorney ad litem in a proceeding in which:
4-10 (1) a suit for the dissolution of a marriage is
4-11 uncontested; or
4-12 (2) the issues of possession of and access to a child
4-13 are agreed to by both parents.
4-14 SECTION 5. Section 107.014(a), Family Code, is amended to
4-15 read as follows:
4-16 (a) An attorney ad litem appointed under this subchapter to
4-17 represent a child:
4-18 (1) shall investigate to the extent the attorney ad
4-19 litem considers appropriate to determine the facts of the case;
4-20 (2) shall obtain and review copies of all of the
4-21 child's relevant medical, psychological, and school records; [and]
4-22 (3) may call, examine, or cross-examine witnesses; and
4-23 (4) shall become familiar with the American Bar
4-24 Association's standards of practice for lawyers who represent
4-25 children in abuse and neglect cases.
4-26 SECTION 6. Section 107.015, Family Code, is amended to read
4-27 as follows:
5-1 Sec. 107.015. ATTORNEY AD LITEM FEES. (a) An attorney
5-2 appointed to represent a child or parent as authorized by this
5-3 subchapter is entitled to [a] reasonable fees and expenses [fee] in
5-4 the amount set by the court to be paid by the parents of the child
5-5 unless the parents are indigent.
5-6 (b) If the court or associate judge determines that one or
5-7 more of the parties [or litigants] are able to defray the costs of
5-8 an attorney ad litem's fees and expenses [compensation] as
5-9 determined by the reasonable and customary fees for similar
5-10 services in the county of jurisdiction, the fees and expenses
5-11 [costs] may be ordered paid by one [either] or more of those [both]
5-12 parties, or the court or associate judge may order one [either] or
5-13 more of those [both] parties, prior to final hearing, to pay the
5-14 sums into the registry of the court or into an account authorized
5-15 by the court for the use and benefit of the attorney ad litem on
5-16 order of the court. The sums may be taxed as costs to be assessed
5-17 against one or more of the parties.
5-18 (c) If indigency of the parents is shown, an attorney
5-19 appointed to represent a child or parent in a suit to terminate the
5-20 parent-child relationship shall be paid from the general funds of
5-21 the county according to the fee schedule that applies to an
5-22 attorney appointed to represent a child in a suit under Title 3 as
5-23 provided by Chapter 51.
5-24 SECTION 7. Section 153.434, Family Code, is amended to read
5-25 as follows:
5-26 Sec. 153.434. LIMITATION ON RIGHT TO REQUEST ACCESS. A
5-27 biological or adoptive grandparent may not request possession of or
6-1 access to a grandchild if:
6-2 (1) the grandparent is a parent of a person:
6-3 (A) whose parental rights with the child have
6-4 been terminated by court order or by death; or
6-5 (B) [(2) the grandparent is a parent of a
6-6 person] who has executed an affidavit of waiver of interest in
6-7 child or an affidavit of relinquishment of parental rights under
6-8 Chapter 161 and the affidavit designates an authorized agency,
6-9 licensed child-placing agency, or person other than the child's
6-10 stepparent as the managing conservator of the child; and
6-11 (2) [(3)] the other biological parent has died, has
6-12 executed an affidavit of waiver of interest in child or an
6-13 affidavit of relinquishment of parental rights under Chapter 161,
6-14 or has had that parent's parental rights terminated and the
6-15 grandchild has been adopted by a person other than the child's
6-16 stepparent.
6-17 SECTION 8. Section 156.104(a), Family Code, is amended to
6-18 read as follows:
6-19 (a) The court may modify an order that designates a sole
6-20 managing conservator if a parent of the child requests appointment
6-21 as a joint managing conservator and the court finds that:
6-22 (1) the circumstances of the child or the sole
6-23 managing conservator have materially and substantially changed
6-24 since the rendition of the order; and
6-25 (2) [retention of a sole managing conservatorship
6-26 would be detrimental to the welfare of the child; and]
6-27 [(3)] the appointment of the parent as a joint
7-1 managing conservator would be a positive improvement for and in the
7-2 best interest of the child.
7-3 SECTION 9. Section 161.001, Family Code, is amended to read
7-4 as follows:
7-5 Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
7-6 RELATIONSHIP. The court may order termination of the parent-child
7-7 relationship if the court finds by clear and convincing evidence:
7-8 (1) that the parent has:
7-9 (A) voluntarily left the child alone or in the
7-10 possession of another not the parent and expressed an intent not to
7-11 return;
7-12 (B) voluntarily left the child alone or in the
7-13 possession of another not the parent without expressing an intent
7-14 to return, without providing for the adequate support of the child,
7-15 and remained away for a period of at least three months;
7-16 (C) voluntarily left the child alone or in the
7-17 possession of another without providing adequate support of the
7-18 child and remained away for a period of at least six months;
7-19 (D) knowingly placed or knowingly allowed the
7-20 child to remain in conditions or surroundings which endanger the
7-21 physical or emotional well-being of the child;
7-22 (E) engaged in conduct or knowingly placed the
7-23 child with persons who engaged in conduct which endangers the
7-24 physical or emotional well-being of the child;
7-25 (F) failed to support the child in accordance
7-26 with the parent's ability during a period of one year ending within
7-27 six months of the date of the filing of the petition;
8-1 (G) abandoned the child without identifying the
8-2 child or furnishing means of identification, and the child's
8-3 identity cannot be ascertained by the exercise of reasonable
8-4 diligence;
8-5 (H) voluntarily, and with knowledge of the
8-6 pregnancy, abandoned the mother of the child beginning at a time
8-7 during her pregnancy with the child and continuing through the
8-8 birth, failed to provide adequate support or medical care for the
8-9 mother during the period of abandonment before the birth of the
8-10 child, and remained apart from the child or failed to support the
8-11 child since the birth;
8-12 (I) contumaciously refused to submit to a
8-13 reasonable and lawful order of a court under Subchapter D, Chapter
8-14 261 [264];
8-15 (J) been the major cause of:
8-16 (i) the failure of the child to be
8-17 enrolled in school as required by the Education Code; or
8-18 (ii) the child's absence from the child's
8-19 home without the consent of the parents or guardian for a
8-20 substantial length of time or without the intent to return;
8-21 (K) executed before or after the suit is filed
8-22 an unrevoked or irrevocable affidavit of relinquishment of parental
8-23 rights as provided by this chapter;
8-24 (L) been convicted or has been placed on
8-25 community supervision, including deferred adjudication community
8-26 supervision, for being criminally responsible for the death or
8-27 serious injury of a child under the following sections of the Penal
9-1 Code or adjudicated under Title 3 for conduct that caused the death
9-2 or serious injury of a child and that would constitute a violation
9-3 of one of the following Penal Code sections:
9-4 (i) Section 19.02 (murder);
9-5 (ii) Section 19.03 (capital murder);
9-6 (iii) Section 19.04 (manslaughter);
9-7 (iv) Section 21.11 (indecency with a
9-8 child);
9-9 (v) [(iv)] Section 22.01 (assault);
9-10 (vi) [(v)] Section 22.011 (sexual
9-11 assault);
9-12 (vii) [(vi)] Section 22.02 (aggravated
9-13 assault);
9-14 (viii) [(vii)] Section 22.021 (aggravated
9-15 sexual assault);
9-16 (ix) [(viii)] Section 22.04 (injury to a
9-17 child, elderly individual, or disabled individual);
9-18 (x) [(ix)] Section 22.041 (abandoning or
9-19 endangering child);
9-20 (xi) [(x)] Section 25.02 (prohibited
9-21 sexual conduct);
9-22 (xii) [(xi)] Section 43.25 (sexual
9-23 performance by a child); and
9-24 (xiii) [(xii)] Section 43.26 (possession
9-25 or promotion of child pornography);
9-26 (M) had his or her parent-child relationship
9-27 terminated with respect to another child based on a finding that
10-1 the parent's conduct was in violation of Paragraph (D) or (E) or
10-2 substantially equivalent provisions of the law of another state;
10-3 (N) constructively abandoned the child who has
10-4 been in the permanent or temporary managing conservatorship of the
10-5 Department of Protective and Regulatory Services or an authorized
10-6 agency for not less than six months, and:
10-7 (i) the department or authorized agency
10-8 has made reasonable efforts to return the child to the parent;
10-9 (ii) the parent has not regularly visited
10-10 or maintained significant contact with the child; and
10-11 (iii) the parent has demonstrated an
10-12 inability to provide the child with a safe environment;
10-13 (O) failed to comply with the provisions of a
10-14 court order that specifically established the actions necessary for
10-15 the parent to obtain the return of the child who has been in the
10-16 permanent or temporary managing conservatorship of the Department
10-17 of Protective and Regulatory Services for not less than nine months
10-18 as a result of the child's removal from the parent under Chapter
10-19 262 for the abuse or neglect of the child;
10-20 (P) used a controlled substance, as defined by
10-21 Chapter 481, Health and Safety Code,[:]
10-22 [(i)] in a manner that endangered the
10-23 health or safety of the child, and:
10-24 (i) failed to complete a court-ordered
10-25 substance abuse treatment program; or
10-26 (ii) [repeatedly,] after completion of a
10-27 court-ordered substance treatment program, continued to abuse a
11-1 controlled substance [in a manner that endangered the health or
11-2 safety of the child];
11-3 (Q) knowingly engaged in criminal conduct that
11-4 has resulted [results] in the parent's:
11-5 (i) conviction of an offense; and
11-6 (ii) confinement or imprisonment and
11-7 inability to care for the child for not less than two years from
11-8 the date of filing the petition; or
11-9 (R) been the cause of the child being born
11-10 addicted to alcohol or a controlled substance, other than a
11-11 controlled substance legally obtained by prescription, as defined
11-12 by Section 261.001(7); and
11-13 (2) that termination is in the best interest of the
11-14 child.
11-15 SECTION 10. (a) This Act takes effect September 1, 1999.
11-16 (b) The change in law made by this Act applies only to a
11-17 suit affecting the parent-child relationship filed on or after the
11-18 effective date of this Act. A suit affecting the parent-child
11-19 relationship filed before the effective date of this Act is
11-20 governed by the law in effect on the date the suit was filed, and
11-21 the former law is continued in effect for that purpose.
11-22 SECTION 11. The importance of this legislation and the
11-23 crowded condition of the calendars in both houses create an
11-24 emergency and an imperative public necessity that the
11-25 constitutional rule requiring bills to be read on three several
11-26 days in each house be suspended, and this rule is hereby suspended.