1-1 AN ACT
1-2 relating to the requirements for a suit filed by the Department of
1-3 Protective and Regulatory Services to terminate the parent-child
1-4 relationship.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 161.003(a), Family Code, is amended to
1-7 read as follows:
1-8 (a) The court may order termination of the parent-child
1-9 relationship in a suit filed by the Department of Protective and
1-10 Regulatory Services if the court finds that:
1-11 (1) the parent has a mental or emotional illness or a
1-12 mental deficiency that renders the parent unable to provide for the
1-13 physical, emotional, and mental needs of the child;
1-14 (2) the illness or deficiency, in all reasonable
1-15 probability, proved by clear and convincing evidence, will continue
1-16 to render the parent unable to provide for the child's needs until
1-17 the 18th birthday of the child;
1-18 (3) the department has been the temporary or sole
1-19 managing conservator of the child of the parent for at least [the]
1-20 six months preceding the date of the hearing on the termination
1-21 held in accordance with Subsection (c) [filing of the petition];
1-22 (4) the department has made reasonable efforts to
1-23 return the child to the parent; and
1-24 (5) the termination is in the best interest of the
2-1 child.
2-2 SECTION 2. (a) This Act takes effect September 1, 2001.
2-3 (b) The change in law made by this Act applies to a suit to
2-4 terminate the parent-child relationship filed by the Department of
2-5 Protective and Regulatory Services on or after the effective date
2-6 of this Act. A suit filed before the effective date of this Act is
2-7 governed by the law in effect on the date the suit was filed, and
2-8 the former law is continued in effect for that purpose.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1377 was passed by the House on May
11, 2001, by a non-record vote.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1377 was passed by the Senate on May
23, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not
voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor