By Goodman H.B. No. 2086
76R4734 KLA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the terms of an adoption order.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 162, Family Code, is
1-5 amended by adding Section 162.0161 to read as follows:
1-6 Sec. 162.0161. TERMS REGARDING LIMITED POST-TERMINATION
1-7 CONTACT. (a) If the court finds it to be in the best interest of
1-8 the child, the court may provide in an adoption order that the
1-9 biological parent who filed an affidavit of voluntary
1-10 relinquishment of parental rights under Section 161.103 have
1-11 limited post-termination contact with the child or the adoptive
1-12 parent as provided by Subsection (b), on agreement of:
1-13 (1) the biological parent and the Department of
1-14 Protective and Regulatory Services or a licensed child-placing
1-15 agency, as defined by Section 101.017; or
1-16 (2) the biological parent and a prospective adoptive
1-17 parent.
1-18 (b) The order of adoption may include terms that allow the
1-19 biological parent to:
1-20 (1) receive specified information regarding the child;
1-21 (2) provide written communications to the child; and
1-22 (3) have limited physical contact with the child.
1-23 (c) The terms of an adoption order regarding limited
1-24 post-termination contact are not enforceable by contempt.
2-1 (d) Except as provided by Subchapter F, Chapter 156, the
2-2 terms of an adoption order regarding limited post-termination
2-3 contact may not be modified.
2-4 (e) An order under this section does not:
2-5 (1) affect the finality of an adoption or termination
2-6 order; or
2-7 (2) grant standing to a parent whose parental rights
2-8 have been terminated to file any action under this title, including
2-9 a motion to enforce the terms regarding limited post-termination
2-10 contact.
2-11 SECTION 2. Subchapter C, Chapter 161, Family Code, is
2-12 amended by adding Section 161.2061 to read as follows:
2-13 Sec. 161.2061. PROVISION FOR LIMITED CONTACT BETWEEN
2-14 BIOLOGICAL PARENT AND CHILD. (a) An order terminating the
2-15 parent-child relationship may include a reference to a subsequent
2-16 adoption order that includes terms regarding limited
2-17 post-termination contact between the child and a biological parent
2-18 as provided by Section 162.0161.
2-19 (b) The inclusion of a reference described by Subsection (a)
2-20 in a termination order does not:
2-21 (1) affect the finality of a termination or subsequent
2-22 adoption order; or
2-23 (2) grant standing to a parent whose parental rights
2-24 have been terminated to file any action under this title, including
2-25 a motion to enforce the terms regarding limited post-termination
2-26 contact.
2-27 SECTION 3. Chapter 156, Family Code, is amended by adding
3-1 Subchapter F to read as follows:
3-2 SUBCHAPTER F. MODIFICATION OF ADOPTION ORDER
3-3 Sec. 156.501. MOTION TO MODIFY CERTAIN TERMS OF ADOPTION
3-4 ORDER. (a) An adoptive parent of a child may file a motion to
3-5 modify an adoption order that provides for limited post-termination
3-6 contact under Section 162.0161 with the court that granted the
3-7 adoption order.
3-8 (b) An adoptive parent who files a motion to modify under
3-9 Subsection (a) shall give notice to the biological parent whose
3-10 parent-child relationship with a child was terminated and who was
3-11 granted limited post-termination contact with the child under the
3-12 terms of a subsequent adoption order.
3-13 Sec. 156.502. GROUNDS FOR MODIFICATION OF AN ADOPTION ORDER.
3-14 (a) The court may modify the terms of an adoption order regarding
3-15 limited post-termination contact of a biological parent with a
3-16 child to decrease the amount of contact between the biological
3-17 parent and the child if the court finds that:
3-18 (1) the terms of the order have become unworkable or
3-19 inappropriate under existing circumstances; and
3-20 (2) the modification is in the best interest of the
3-21 child.
3-22 (b) The court may not modify the terms of an adoption order
3-23 regarding limited post-termination contact of a biological parent
3-24 with a child to increase the amount of contact between the
3-25 biological parent and the child or add a provision under Section
3-26 162.0161(b)(3) unless the biological parent and an adoptive parent
3-27 file a written agreement with the court stating the terms for
4-1 increased contact.
4-2 (c) The court may not modify an adoption order except as
4-3 provided by this section.
4-4 Sec. 156.503. EFFECT OF MODIFICATION. A modification of an
4-5 adoption order under this subchapter does not affect the finality
4-6 of an adoption or termination order.
4-7 SECTION 4. Section 155.004, Family Code, is amended by
4-8 amending Subsection (a) and adding Subsection (c) to read as
4-9 follows:
4-10 (a) A court of this state loses its continuing, exclusive
4-11 jurisdiction to modify its order if:
4-12 (1) except as provided by Subsection (c), an order of
4-13 adoption is rendered after the court acquires continuing, exclusive
4-14 jurisdiction of the suit;
4-15 (2) the parents of the child have remarried each other
4-16 after the dissolution of a previous marriage between them and file
4-17 a suit for the dissolution of their subsequent marriage combined
4-18 with a suit affecting the parent-child relationship as if there had
4-19 not been a prior court with continuing, exclusive jurisdiction over
4-20 the child; or
4-21 (3) another court assumed jurisdiction over a suit and
4-22 rendered a final order based on incorrect information received from
4-23 the bureau of vital statistics that there was no court of
4-24 continuing, exclusive jurisdiction.
4-25 (c) A court of this state does not lose its continuing,
4-26 exclusive jurisdiction to modify the terms of an adoption order
4-27 regarding limited post-termination contact under Subchapter F,
5-1 Chapter 156.
5-2 SECTION 5. Section 161.103, Family Code, is amended by
5-3 adding Subsection (h) to read as follows:
5-4 (h) The affidavit may not contain terms for limited
5-5 post-termination contact between the child and the parent whose
5-6 parental rights are to be relinquished as a condition of the
5-7 relinquishment of parental rights.
5-8 SECTION 6. (a) This Act takes effect September 1, 1999, and
5-9 applies only to a suit affecting the parent-child relationship
5-10 pending or filed on or after that date.
5-11 (b) A suit affecting the parent-child relationship in which
5-12 a final order is rendered before the effective date of this Act is
5-13 governed by the law in effect on the date the order was rendered.
5-14 SECTION 7. The importance of this legislation and the
5-15 crowded condition of the calendars in both houses create an
5-16 emergency and an imperative public necessity that the
5-17 constitutional rule requiring bills to be read on three several
5-18 days in each house be suspended, and this rule is hereby suspended.