SRC-JLB H.B. 1536 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1536
78R6297 KLA-FBy: Reyna (Shapiro)
Jurisprudence
4/16/2003
Engrossed


DIGEST AND PURPOSE 

Currently, no guidelines exist in the Texas Family Code for procedures by
which contact may be maintained between a child and a birth parent, if
mediation occurs during the voluntary termination of a parent-child
relationship.  As proposed, H.B. 1536 encourages voluntary mediation and
permits limited contact with guidelines between the biological parent and
the child after the termination of the parent-child relationship. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS
  
SECTION 1.  Amends Section 161.206(b), Family Code, to provide that except
as provided by Section 161.2061, an order terminating the parent-child
relationship divests the parent and the child of all legal rights and
duties with respect to each other, except that the child retains the right
to inherit from and through the parent unless the court otherwise
provides. 
 
SECTION 2.   Amends Subchapter C, Chapter 161, Family Code, by adding
Sections 161.2061 and 161.2062, as follows: 
 
Sec. 161.2061.  TERMS REGARDING LIMITED POST-TERMINATION CONTACT. (a)
Authorizes the court, if the court finds it to be in the best interest of
the child, to provide in an order terminating the parent-child
relationship that the biological parent who filed an affidavit of
voluntary relinquishment of parental rights under Section 161.103 shall
have limited post-termination contact with the child as provided by
Subsection (b) on the agreement of the biological parent and the
Department of Protective and Regulatory Services (DPRS) or a licensed
child-placing agency, as defined by Section 101.017. 
 
(b)  Authorizes the order of termination to include terms that allow the
biological parent to perform certain acts. 

(c)  Authorizes the terms of an order of termination regarding limited
posttermination contact to be enforced only if the party seeking
enforcement pleads and proves that, before filing the motion for
enforcement, the party attempted in good faith to resolve the disputed
matters through mediation. 
 
(d)  Provides that the terms of an order of termination under this section
are not enforceable by contempt. 
 
(e)  Prohibits the terms of an order of termination regarding limited
posttermination contact from being modified. 
 
  (f)  Provides that an order under this section does not impose certain
results. 

Sec. 161.2062.  PROVISION FOR LIMITED CONTACT BETWEEN BIOLOGICAL  PARENT
AND CHILD. (a)  Prohibits an order terminating the parent-child
relationship from requiring that a subsequent adoption order include terms
regarding limited posttermination contact between the child and a
biological parent. 
 
(b)  Provides that the inclusion of a requirement for post-termination
contact described by Subsection (a)  in a termination order does not
impose certain results. 

SECTION 3.   Amends Section 161.103, Family Code, by adding Subsection
(h), to prohibit the affidavit from containing terms for limited
post-termination contact between the child and the parent whose parental
rights are to be relinquished as a condition of the relinquishment of
parental rights. 
 
SECTION 4.  (a)  Effective date:  September 1, 2003.  Provides that this
Act applies only to a suit affecting the parent-child relationship pending
in a trial court or filed on or after that date. 
 
 (b)  Provides that this Act is not retroactive.