By Goodman H.B. No. 2441
76R7705 JMM-D
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. Subchapter E, Chapter 6, Family Code, is amended
1-6 by adding Section 6.410 to read as follows:
1-7 Sec. 6.410. QUESTIONNAIRE. (a) On filing a suit for
1-8 dissolution of a marriage, the clerk of the court in which the suit
1-9 is filed shall provide to the petitioner, and the petitioner shall
1-10 complete and return to the clerk, an unsigned anonymous
1-11 informational questionnaire.
1-12 (b) The clerk shall maintain each questionnaire returned
1-13 under Subsection (a) in a separate file to preserve the
1-14 confidentiality of the information and shall provide the
1-15 questionnaires on request to the researchers from the Texas Tech
1-16 University human development and family studies department. The
1-17 researchers shall develop the questionnaire and provide sufficient
1-18 copies to the clerks of the appropriate courts.
1-19 SECTION 2. Subchapter F, Chapter 6, Family Code, is amended
1-20 by adding Section 6.5055 to read as follows:
1-21 Sec. 6.5055. PARENT EDUCATION AND FAMILY STABILIZATION
1-22 COURSE. (a) Unless the requirement is waived for good cause, the
1-23 court may not render a final judgment in a suit for dissolution of
1-24 a marriage in which the parties are parents of a child under 18
2-1 years of age born or adopted during the marriage unless both
2-2 parties to the suit present proof of completion of a parent
2-3 education and family stabilization course as provided by this
2-4 section. In order to receive the maximum benefit of participation
2-5 in a course under this section, the parties are encouraged to
2-6 complete the course in the earliest possible stage of the suit.
2-7 (b) The parties to the suit are not required to attend the
2-8 course together. The court, on its own motion or the motion of
2-9 either party, may prohibit the parties from taking the course
2-10 together if there is a history of family violence in the marriage.
2-11 (c) A course under this section must be at least four hours
2-12 in length and be designed to educate and assist divorcing parents
2-13 with regard to the consequences of divorce on parents and children.
2-14 The course must include information on the following issues:
2-15 (1) the emotional effects of divorce on parents;
2-16 (2) the emotional and behavioral reactions to divorce
2-17 by young children and adolescents;
2-18 (3) parenting issues relating to the concerns and
2-19 needs of children at different development stages;
2-20 (4) stress indicators in young children and
2-21 adolescents;
2-22 (5) conflict management;
2-23 (6) family stabilization through developing a
2-24 co-parenting relationship;
2-25 (7) the financial responsibilities of parenting;
2-26 (8) family violence, spousal abuse, and child abuse
2-27 and neglect; and
3-1 (9) the availability of community services and
3-2 resources.
3-3 (d) A course may not be designed to provide individual
3-4 mental health therapy or individual legal advice.
3-5 (e) A course satisfies the requirements of this section if
3-6 it is offered by:
3-7 (1) a mental health professional who has at least a
3-8 master's degree with a background in family therapy or parent
3-9 education; or
3-10 (2) a religious practitioner who performs counseling
3-11 consistent with the laws of this state or another person designated
3-12 as a program counselor by a church or religious institution.
3-13 (f) The county clerk in each county shall establish a
3-14 registry of course providers in the county and a list of locations
3-15 where courses are provided. If available, the clerk shall include
3-16 information in the registry identifying courses that are offered on
3-17 a sliding fee scale or without charge.
3-18 (g) Information obtained in a course or a statement made by
3-19 a participant to a suit during a course may not be considered in
3-20 the adjudication of the suit or in any subsequent legal proceeding.
3-21 Any report that results from participating in the course may not
3-22 become a record in the suit unless the parties stipulate to the
3-23 record in writing.
3-24 (h) On a party's failure to attend or complete a course the
3-25 party is required to attend under this section, the court may take
3-26 appropriate action, including holding the party in contempt of
3-27 court, striking pleadings, or invoking any of the sanctions
4-1 provided by Rule 215, Texas Rules of Civil Procedure.
4-2 (i) On completion of the course, the course provider shall
4-3 issue a certificate of completion to each participant. The
4-4 participant shall pay a fee for attending the course in an amount
4-5 determined by the court in which the suit is pending.
4-6 SECTION 3. Chapter 105, Family Code, is amended by adding
4-7 Section 105.009 to read as follows:
4-8 Sec. 105.009. ATTENDANCE AT PARENT EDUCATION AND FAMILY
4-9 STABILIZATION COURSE. In a suit in which parental rights or the
4-10 issues of conservatorship and possession of and access to a child
4-11 are to be resolved, including an action to modify an order under
4-12 this title, the court may require the parties to complete a parent
4-13 education and family stabilization course under Section 6.5055
4-14 before the court renders a final judgment in the suit or issues a
4-15 final order in a request for modification.
4-16 SECTION 4. Section 157.211, Family Code, is amended to read
4-17 as follows:
4-18 Sec. 157.211. CONDITIONS OF COMMUNITY SUPERVISION. If the
4-19 court places the respondent on community supervision and suspends
4-20 commitment, the terms and conditions of community supervision may
4-21 include the requirement that the respondent:
4-22 (1) report to the community supervision and
4-23 corrections department officer as directed;
4-24 (2) permit the community supervision and corrections
4-25 department officer to visit the respondent at the respondent's home
4-26 or elsewhere;
4-27 (3) obtain counseling on financial planning, budget
5-1 management, conflict resolution, parenting skills, alcohol or drug
5-2 abuse, or other matters causing the respondent to fail to obey the
5-3 order;
5-4 (4) pay required child support and any child support
5-5 arrearages; and
5-6 (5) pay court costs and attorney's fees ordered by the
5-7 court.
5-8 SECTION 5. (a) This Act takes effect September 1, 1999.
5-9 (b) The change in law made by this Act applies to a suit for
5-10 dissolution of a marriage, a suit affecting the parent-child
5-11 relationship, or motion to modify an order providing for possession
5-12 of or access to a child that is filed on or after the effective
5-13 date of this Act. A suit or motion filed before the effective date
5-14 of this Act is governed by the law in effect on the date the suit
5-15 or motion was filed, and the former law is continued in effect for
5-16 that purpose.
5-17 SECTION 6. The importance of this legislation and the
5-18 crowded condition of the calendars in both houses create an
5-19 emergency and an imperative public necessity that the
5-20 constitutional rule requiring bills to be read on three several
5-21 days in each house be suspended, and this rule is hereby suspended.