H.B. 1536 78(R)    BILL ANALYSIS


H.B. 1536
By: Reyna
Juvenile Justice & Family Issues
Committee Report (Unamended)


BACKGROUND AND PURPOSE 

Voluntary termination of parental rights where abuse or neglect is present
is an important and emotional decision that needs special consideration.
Currently, if mediation occurs during the voluntary termination of a
parent-child relationship, there are no guidelines in the Texas Family
Code for procedures by which contact may be maintained between a child and
a birth parent.  

House Bill 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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1.  Amends Section 161.206(b), Family Code to provide that 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 which provides terms regarding limited
post-termination contact.  On agreement by the biological parent, the
Texas Department of Protective and Regulatory Service or a licensed
child-placing agency, on the order of termination may include terms that
allow the biological parent to receive specified information regarding the
child; provide written communication to the child; and limited access to
the child.  These terms are only enforceable 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. Additionally, the terms of an order of
termination may not be modified or require that a subsequent adoption
order include terms regarding limited post termination contact. 
  
Section 3. Amends Section 161.103, Family Code, by adding Subsection (h)
that provides that the affidavit may not contain 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.This Act takes effect September 1, 2003, and applies only to a
suit affecting the parent-child relationship pending in a trial court or
filed on or after that date. (b) A suit affecting the parent-child
relationship in which a final order is rendered before the effective date
of this Act is governed by the law in effect on the date the order was
rendered. 

EFFECTIVE DATE

September 1, 2003.