By Goodman, et al. H.B. No. 2249
77R9965 KLA-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain suits affecting the parent-child relationship.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 161.002(b), Family Code, is amended to
1-5 read as follows:
1-6 (b) The rights of an alleged biological father may be
1-7 terminated if:
1-8 (1) after being served with citation, he does not
1-9 respond by timely filing an admission of paternity or a
1-10 counterclaim for paternity under Chapter 160 [prior to the final
1-11 hearing in the suit];
1-12 (2) he has not registered with the paternity registry
1-13 under Subchapter D, Chapter 160, and after the exercise of due
1-14 diligence by the petitioner:
1-15 (A) his identity and location are unknown; or
1-16 (B) his identity is known but he cannot be
1-17 located; or
1-18 (3) he has registered with the paternity registry
1-19 under Subchapter D, Chapter 160, but the petitioner's attempt to
1-20 personally serve citation at the address provided to the registry
1-21 and at any other address for the alleged father known by the
1-22 petitioner has been unsuccessful, despite the due diligence of the
1-23 petitioner.
1-24 SECTION 2. Section 161.003(a), Family Code, is amended to
2-1 read as follows:
2-2 (a) The court may order termination of the parent-child
2-3 relationship in a suit filed by the Department of Protective and
2-4 Regulatory Services if the court finds that:
2-5 (1) the parent has a mental or emotional illness or a
2-6 mental deficiency that renders the parent unable to provide for the
2-7 physical, emotional, and mental needs of the child;
2-8 (2) the illness or deficiency, in all reasonable
2-9 probability, proved by clear and convincing evidence, will continue
2-10 to render the parent unable to provide for the child's needs until
2-11 the 18th birthday of the child;
2-12 (3) the department has been the temporary or sole
2-13 managing conservator of the child of the parent for at least [the]
2-14 six months preceding the date of the hearing on the termination
2-15 held in accordance with Subsection (c) [filing of the petition];
2-16 (4) the department has made reasonable efforts to
2-17 return the child to the parent; and
2-18 (5) the termination is in the best interest of the
2-19 child.
2-20 SECTION 3. Section 161.2011(a), Family Code, is amended to
2-21 read as follows:
2-22 (a) A parent whose rights are subject to termination in a
2-23 suit affecting the parent-child relationship and against whom
2-24 criminal charges are filed that directly relate to the grounds for
2-25 which termination is sought may file a motion requesting a
2-26 continuance of the final trial in the suit until the criminal
2-27 charges are resolved. The court may grant the motion only if the
3-1 court finds that a continuance [shall not proceed to final trial in
3-2 a suit to terminate the parent-child relationship during the time
3-3 that any criminal charges filed against a parent whose rights are
3-4 subject to termination in the suit are pending if the criminal
3-5 charges are directly related to the grounds for which termination
3-6 of the parent's rights are sought unless it determines that it] is
3-7 in the best interest of the child. Notwithstanding any continuance
3-8 granted, the court shall conduct status and permanency hearings
3-9 with respect to the child as required by Chapter 263 and shall
3-10 comply with the dismissal date under Section 263.401.
3-11 SECTION 4. Section 161.203, Family Code, is amended to read
3-12 as follows:
3-13 Sec. 161.203. DISMISSAL OF PETITION. A suit to terminate
3-14 may not be dismissed nor may a nonsuit be taken unless the
3-15 dismissal or nonsuit is approved by the court. The dismissal or
3-16 nonsuit approved by the court is without prejudice.
3-17 SECTION 5. Section 161.204, Family Code, is amended to read
3-18 as follows:
3-19 Sec. 161.204. TERMINATION BASED ON AFFIDAVIT OF WAIVER OF
3-20 INTEREST. In a suit for termination, the court may render an order
3-21 terminating the parent-child relationship [all legal relationships
3-22 and rights which exist or may exist] between a child and a man who
3-23 has signed an affidavit of waiver of interest in the child, if the
3-24 termination is in the best interest of the child.
3-25 SECTION 6. Section 161.205, Family Code, is amended to read
3-26 as follows:
3-27 Sec. 161.205. ORDER DENYING TERMINATION. If the court does
4-1 not order termination of the parent-child relationship, the court
4-2 [it] shall:
4-3 (1) deny [dismiss] the petition; or
4-4 (2) render any order in the best interest of the
4-5 child.
4-6 SECTION 7. Section 263.304, Family Code, is amended to read
4-7 as follows:
4-8 Sec. 263.304. INITIAL PERMANENCY HEARING; TIME. (a) Not
4-9 later than the 180th day after the date the court renders a
4-10 temporary order appointing the department as temporary managing
4-11 conservator of a child, the court shall hold a permanency hearing
4-12 to review the status of, and permanency plan for, the child to
4-13 ensure that a final order consistent with that permanency plan is
4-14 rendered before the date for dismissal of the suit under this
4-15 chapter.
4-16 (b) The court shall set a final hearing under this chapter
4-17 on a date that allows the court to render a final order before the
4-18 date for dismissal of the suit under this chapter. Any party to
4-19 the suit or an attorney ad litem for the child may seek a writ of
4-20 mandamus to compel the court to comply with the duties imposed by
4-21 this subsection.
4-22 SECTION 8. Sections 263.401(b) and (c), Family Code, are
4-23 amended to read as follows:
4-24 (b) The [On or before the time described by Subsection (a)
4-25 for the dismissal of the suit, the] court may retain [extend the
4-26 court's jurisdiction of] the suit on the court's docket for a
4-27 period not to exceed [stated in the extension order, but not longer
5-1 than] 180 days after the time described by Subsection (a), if the
5-2 court finds that [has] continuing [jurisdiction of the suit and]
5-3 the appointment of the department as temporary managing conservator
5-4 is in the best interest of the child. If the court retains the
5-5 suit on the court's docket [grants an extension], the court shall
5-6 render an [extension] order in which the court [must also]:
5-7 (1) schedules [schedule] the new date for dismissal of
5-8 the suit not later than the 180th day after the time described by
5-9 Subsection (a); [and]
5-10 (2) makes [make] further temporary orders for the
5-11 safety and welfare of the child as necessary to avoid further delay
5-12 in resolving the suit; and
5-13 (3) sets a final hearing on a date that allows the
5-14 court to render a final order before the required date for
5-15 dismissal of the suit under this subsection.
5-16 (c) If the court grants an extension but does not[, the
5-17 court shall] render a final order or dismiss the suit on or before
5-18 the required date for dismissal under Subsection (b), the court
5-19 shall dismiss the suit. The court [specified in the extension
5-20 order and] may not grant an additional extension that extends the
5-21 suit beyond the required date for dismissal under Subsection (b).
5-22 SECTION 9. Subchapter E, Chapter 263, Family Code, is amended
5-23 by amending Sections 263.402, 263.403, and 263.404 and adding
5-24 Sections 263.405 and 263.406 to read as follows:
5-25 Sec. 263.402. LIMIT ON EXTENSION; WAIVER. (a) The parties
5-26 to a suit under this chapter may not extend the deadlines set by
5-27 the court under this subchapter by agreement or otherwise.
6-1 (b) A party to a suit under this chapter who fails to make a
6-2 timely motion to dismiss the suit or to make a motion requesting
6-3 the court to render a final order before the deadline for dismissal
6-4 under this subchapter waives the right to object to the court's
6-5 failure to dismiss the suit. A motion to dismiss under this
6-6 subsection is timely if the motion is made before the department
6-7 has introduced all of the department's evidence, other than
6-8 rebuttal evidence, at the trial on the merits.
6-9 Sec. 263.403. MONITORED RETURN OF CHILD TO PARENT. (a)
6-10 Notwithstanding Section 263.401, the court may retain jurisdiction
6-11 and not dismiss the suit or render a final order as required by
6-12 that section if the court renders a temporary order that:
6-13 (1) finds that retaining jurisdiction under this
6-14 section is in the best interest of the child;
6-15 (2) orders the department to return the child to the
6-16 child's parent;
6-17 (3) orders the department to continue to serve as
6-18 temporary managing conservator of the child; and
6-19 (4) orders the department to monitor the child's
6-20 placement to ensure that the child is in a safe environment.
6-21 (b) If the court renders an order under this section, the
6-22 court shall:
6-23 (1) include in the order specific findings regarding
6-24 the grounds for the order; and
6-25 (2) schedule a new date, not later than the 180th day
6-26 after the date the temporary order is rendered, for dismissal of
6-27 the suit.
7-1 (c) If a child placed with a parent under this section must
7-2 be moved from that home by the department before the dismissal of
7-3 the suit or the rendering of a final order, the court shall, at the
7-4 time of the move, schedule a new date for dismissal of the suit.
7-5 The new dismissal date may not be later than the original dismissal
7-6 date established under Section 263.401 or the 180th day after the
7-7 date the child is moved under this subsection, whichever date is
7-8 later.
7-9 (d) If the court renders an order under this section, the
7-10 court must include in the order specific findings regarding the
7-11 grounds for the order.
7-12 Sec. 263.404 [263.403]. FINAL ORDER APPOINTING DEPARTMENT AS
7-13 MANAGING CONSERVATOR WITHOUT TERMINATING PARENTAL RIGHTS. (a) The
7-14 court may render a final order appointing the department as
7-15 managing conservator of the child without terminating the rights of
7-16 the parent of the child if the court finds that:
7-17 (1) appointment of a parent as managing conservator
7-18 would not be in the best interest of the child because the
7-19 appointment would significantly impair the child's physical health
7-20 or emotional development; and
7-21 (2) it would not be in the best interest of the child
7-22 to appoint a relative of the child or another person as managing
7-23 conservator.
7-24 (b) In determining whether the department should be
7-25 appointed as managing conservator of the child without terminating
7-26 the rights of a parent of the child, the court shall take the
7-27 following factors into consideration:
8-1 (1) that the child will reach 18 years of age in not
8-2 less than three years;
8-3 (2) that the child is 12 years of age or older and has
8-4 expressed a strong desire against termination or being adopted;
8-5 (3) that the child has special medical or behavioral
8-6 needs that make adoption of the child unlikely; and
8-7 (4) the needs and desires of the child.
8-8 Sec. 263.405. APPEAL OF FINAL ORDER. (a) An appeal of a
8-9 final order rendered under this subchapter is governed by the rules
8-10 of the supreme court for accelerated appeals in civil cases and the
8-11 procedures provided by this section. The appellate court shall
8-12 render its final order or judgment with the least possible delay.
8-13 (b) Not later than the 15th day after the date a final order
8-14 is signed by the trial judge, a party intending to appeal the order
8-15 must file with the trial court a statement of the point or points
8-16 on which the party intends to appeal. The statement may be
8-17 combined with a motion for a new trial.
8-18 (c) A motion for a new trial, a request for findings of fact
8-19 and conclusions of law, or any other post-trial motion in the trial
8-20 court does not extend the deadline for filing a notice of appeal
8-21 under Rule 26.1(b), Texas Rules of Appellate Procedure, or the
8-22 deadline for filing an affidavit of indigence under Rule 20, Texas
8-23 Rules of Appellate Procedure.
8-24 (d) The trial court shall hold a hearing not later than the
8-25 30th day after the date the final order is signed to determine
8-26 whether:
8-27 (1) a new trial should be granted;
9-1 (2) a party's claim of indigence, if any, should be
9-2 sustained; and
9-3 (3) the appeal is frivolous as provided by Section
9-4 13.003(b), Civil Practice and Remedies Code.
9-5 (e) If a party claims indigency and requests the appointment
9-6 of an attorney, the court shall require the person to file an
9-7 affidavit of indigency and shall hear evidence to determine the
9-8 issue of indigency. If the court does not render a written order
9-9 denying the claim of indigence or requiring the person to pay
9-10 partial costs before the 36th day after the date the final order
9-11 being appealed is signed, the court shall consider the person to be
9-12 indigent and shall appoint counsel to represent the person.
9-13 (f) The appellate record must be filed in the appellate
9-14 court not later than the 60th day after the date the final order is
9-15 signed by the trial judge, unless the trial court, after a hearing,
9-16 grants a new trial or denies a request for a trial court record at
9-17 no cost.
9-18 (g) The appellant may appeal the court's order denying the
9-19 appellant's claim of indigence or the court's finding that the
9-20 appeal is frivolous by filing with the appellate court the
9-21 reporter's record and clerk's record of the hearing held under this
9-22 section, both of which shall be provided without advance payment,
9-23 not later than the 10th day after the date the court makes the
9-24 decision. The appellate court shall review the records and may
9-25 require the parties to file appellate briefs on the issues
9-26 presented, but may not hear oral argument on the issues. The
9-27 appellate court shall render appropriate orders after reviewing the
10-1 records and appellate briefs, if any.
10-2 (h) Except on a showing of good cause, the appellate court
10-3 may not extend the time for filing a record or appellate brief.
10-4 Sec. 263.406 [263.404]. COURT INFORMATION SYSTEM. The Office
10-5 of Court Administration of the Texas Judicial System shall consult
10-6 with the courts presiding over cases brought by the department for
10-7 the protection of children to develop an information system to
10-8 track compliance with the requirements of this subchapter for the
10-9 timely disposition of those cases.
10-10 SECTION 10. (a) Except as provided by Subsection (b) of this
10-11 section, the changes in law made by this Act apply to a pending
10-12 suit affecting the parent-child relationship regardless of whether
10-13 the suit was filed before, on, or after the effective date of this
10-14 Act.
10-15 (b) Section 263.405, Family Code, as added by this Act,
10-16 applies only to an appeal of a final order under Subchapter E,
10-17 Chapter 263, Family Code, as amended by this Act, filed on or after
10-18 the effective date of this Act. An appeal of a final order under
10-19 Subchapter E, Chapter 263, Family Code, filed before the effective
10-20 date of this Act is governed by the law in effect on the date the
10-21 appeal was filed, and the former law is continued in effect for
10-22 that purpose.
10-23 SECTION 11. This Act takes effect September 1, 2001.