76R11980 JMM-F
By Goodman, Telford, Wohlgemuth, H.B. No. 2441
Lewis of Tarrant, Van de Putte, et al.
Substitute the following for H.B. No. 2441:
By Naishtat C.S.H.B. No. 2441
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the requirement that parents participate in a parenting
1-3 course and counseling in certain suits involving children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 105, Family Code, is amended by adding
1-6 Section 105.009 to read as follows:
1-7 Sec. 105.009. PARENT EDUCATION AND FAMILY STABILIZATION
1-8 COURSE. (a) In a suit affecting the parent-child relationship,
1-9 including an action to modify an order in a suit affecting the
1-10 parent-child relationship providing for possession of or access to
1-11 a child, the court may order the parties to the suit to attend a
1-12 parent education and family stabilization course if the court
1-13 determines that the order is in the best interest of the child.
1-14 (b) The parties to the suit may not be required to attend
1-15 the course together. The court, on its own motion or the motion of
1-16 either party, may prohibit the parties from taking the course
1-17 together if there is a history of family violence in the marriage.
1-18 (c) A course under this section must be at least four hours
1-19 in length and be designed to educate and assist parents with regard
1-20 to the consequences of divorce on parents and children. The course
1-21 must include information on the following issues:
1-22 (1) the emotional effects of divorce on parents;
1-23 (2) the emotional and behavioral reactions to divorce
1-24 by young children and adolescents;
2-1 (3) parenting issues relating to the concerns and
2-2 needs of children at different development stages;
2-3 (4) stress indicators in young children and
2-4 adolescents;
2-5 (5) conflict management;
2-6 (6) family stabilization through development of a
2-7 coparenting relationship;
2-8 (7) the financial responsibilities of parenting;
2-9 (8) family violence, spousal abuse, and child abuse
2-10 and neglect; and
2-11 (9) the availability of community services and
2-12 resources.
2-13 (d) A course may not be designed to provide individual
2-14 mental health therapy or individual legal advice.
2-15 (e) A course satisfies the requirements of this section if
2-16 it is offered by:
2-17 (1) a mental health professional who has at least a
2-18 master's degree with a background in family therapy or parent
2-19 education;
2-20 (2) a religious practitioner who performs counseling
2-21 consistent with the laws of this state or another person designated
2-22 as a program counselor by a church or religious institution; or
2-23 (3) if a person described by Subdivision (1) or (2) is
2-24 not available, any other person designated as a course provider by
2-25 the county clerk, including a properly trained school counselor or
2-26 a person having training in marriage and family therapy.
2-27 (f) Information obtained in a course or a statement made by
3-1 a participant to a suit during a course may not be considered in
3-2 the adjudication of the suit or in any subsequent legal proceeding.
3-3 Any report that results from participation in the course may not
3-4 become a record in the suit unless the parties stipulate to the
3-5 record in writing.
3-6 (g) The court may take appropriate action with regard to a
3-7 party who fails to attend or complete a course ordered by the court
3-8 under this section, including holding the party in contempt of
3-9 court, striking pleadings, or invoking any sanction provided by
3-10 Rule 215, Texas Rules of Civil Procedure. The failure or refusal
3-11 by a party to attend or complete a course required by this section
3-12 may not delay the court from rendering a judgment in a suit
3-13 affecting the parent-child relationship.
3-14 (h) The course required under this section may be offered
3-15 by:
3-16 (1) personal instruction;
3-17 (2) videotape instruction;
3-18 (3) instruction through an electronic medium; or
3-19 (4) a combination of those methods.
3-20 (i) On completion of the course, the course provider shall
3-21 issue a certificate of completion to each participant. The
3-22 certificate must state:
3-23 (1) the name of the participant;
3-24 (2) the name of the course provider;
3-25 (3) the date the course was completed; and
3-26 (4) whether the course was provided by:
3-27 (A) personal instruction;
4-1 (B) videotape instruction;
4-2 (C) instruction through an electronic medium; or
4-3 (D) a combination of those methods.
4-4 (j) The county clerk in each county may establish a registry
4-5 of course providers in the county and a list of locations at which
4-6 courses are provided. The clerk shall include information in the
4-7 registry identifying courses that are offered on a sliding fee
4-8 scale or without charge.
4-9 (k) The court may not order the parties to a suit to attend
4-10 a course under this section if the parties cannot afford to take
4-11 the course. If the parties cannot afford to take a course, the
4-12 court may direct the parties to a course that is offered on a
4-13 sliding fee scale or without charge, if a course of that type is
4-14 available.
4-15 SECTION 2. Section 157.211, Family Code, is amended to read
4-16 as follows:
4-17 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
4-18 court places the respondent on community supervision and suspends
4-19 commitment, the terms and conditions of community supervision may
4-20 include the requirement that the respondent:
4-21 (1) report to the community supervision and
4-22 corrections department officer as directed;
4-23 (2) permit the community supervision and corrections
4-24 department officer to visit the respondent at the respondent's home
4-25 or elsewhere;
4-26 (3) obtain counseling on financial planning, budget
4-27 management, conflict resolution, parenting skills, alcohol or drug
5-1 abuse, or other matters causing the respondent to fail to obey the
5-2 order;
5-3 (4) pay required child support and any child support
5-4 arrearages; and
5-5 (5) pay court costs and attorney's fees ordered by the
5-6 court.
5-7 SECTION 3. (a) This Act takes effect September 1, 1999.
5-8 (b) The change in law made by this Act applies to a suit
5-9 affecting the parent-child relationship or a motion to modify an
5-10 order providing for possession of or access to a child that is
5-11 filed on or after the effective date of this Act. A suit or motion
5-12 filed before the effective date of this Act is governed by the law
5-13 in effect on the date the suit or motion was filed, and the former
5-14 law is continued in effect for that purpose.
5-15 SECTION 4. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended.