Amend CSSB 228 (House Committee Printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill appropriately:
SECTION ____. Subsection (d), Section 153.007, Family Code,
is amended to read as follows:
(d) If the court finds the agreed parenting plan is not in
the child's best interest, the court may request the parties to
submit a revised parenting plan. If the parties do not submit a
revised parenting plan satisfactory to the court, [or] the court
may, after notice and hearing, [render an] order a parenting plan
that the court finds to be in the best interest of [for the
conservatorship and possession of] the child.
SECTION ____. Section 153.0071, Family Code, is amended by
adding Subsection (g) to read as follows:
(g) The provisions for confidentiality of alternative
dispute resolution procedures under Chapter 154, Civil Practice and
Remedies Code, apply equally to the work of a parenting
coordinator, as defined by Section 153.601, and to the parties and
any other person who participates in the parenting coordination.
This subsection does not affect the duty of a person to report abuse
or neglect under Section 261.101.
SECTION ____. Subsection (b), Section 153.133, Family Code,
is amended to read as follows:
(b) The agreed parenting plan may [must] contain an
alternative dispute resolution procedure that the parties agree to
use before requesting enforcement or modification of the terms and
conditions of the joint conservatorship through litigation, except
in an emergency.
SECTION ____. Subchapter J, Chapter 153, Family Code, is
amended by amending Sections 153.601, 153.602, and 153.603 and
adding Section 153.6031 to read as follows:
Sec. 153.601. DEFINITIONS. In this subchapter:
(1) "Dispute resolution process" means:
(A) a process of alternative dispute resolution
conducted in accordance with Section 153.0071 of this chapter and
Chapter 154, Civil Practice and Remedies Code; or
(B) any other method of voluntary dispute
resolution.
(2) "High-conflict case" means a suit affecting the
parent-child relationship in which the court finds that the parties
have demonstrated an unusual degree [demonstrate a pattern] of:
(A) repetitiously resorting to the adjudicative
process [repetitious litigation];
(B) anger and distrust; and
(C) difficulty in communicating about and
cooperating in the care of their children[; or
[(D) other behaviors that in the discretion of
the court warrant the appointment of a parenting coordinator].
(3) "Parenting coordinator" means an impartial third
party appointed by the court on its own motion or on a motion or
agreement of the parties to assist parties in resolving [issues
relating to] parenting [and other family] issues [arising from an
order in a suit affecting the parent-child relationship].
(4) "Parenting plan" means the provisions of a
[temporary or] final court order that:
(A) set [sets] out [the] rights and duties of a
parent or a person acting as a parent in relation to the child;
(B) provide for periods of possession of and
access to the child, which may be the terms set out in the standard
possession order under Subchapter F and any amendments to the
standard possession order agreed to by the parties or found by the
court to be in the best interest of the child;
(C) provide for [of parents in a suit affecting
the parent-child relationship and includes provisions relating to
conservatorship, possession of and access to a child, and] child
support; and
(D) optimize the development of a close and
continuing relationship between each parent and the child [, and a
dispute resolution process to minimize future disputes].
Sec. 153.602. [REQUIREMENT FOR TEMPORARY] PARENTING PLAN
NOT REQUIRED IN TEMPORARY ORDER. [(a)] A temporary order [that
establishes a conservatorship] in a suit affecting the parent-child
relationship rendered in accordance with Section 105.001 is not
required to include [must incorporate] a temporary parenting plan.
The court may not require the submission of a temporary parenting
plan in any case or by local rule or practice. [The temporary
parenting plan must comply with the requirements for a final
parenting plan under Section 153.603.
[(b) Subject to Subsection (c), if the parties cannot agree
to a temporary parenting plan, the court may, on the motion of a
party or on the court's own motion, order the parties to participate
in a dispute resolution process to establish a temporary parenting
plan.
[(c) At any time before the court orders the parties to
participate in a dispute resolution process under Subsection (b), a
party may file a written objection to the referral of the suit to a
dispute resolution process on the basis of family violence having
been committed by another party against the objecting party or a
child who is the subject of the suit. After an objection is filed,
the suit may not be referred to a dispute resolution process unless,
on the request of a party, a hearing is held and the court finds that
a preponderance of the evidence does not support the objection. If
the suit is referred to a dispute resolution process, the court
shall order appropriate measures be taken to ensure the physical
and emotional safety of the party who filed the objection. The
order may provide that the parties not be required to have
face-to-face contact and that the parties be placed in separate
rooms during the dispute resolution process.
[(d) If a dispute resolution process is not available or is
not successful, a party may request and the court may order an
expedited hearing to establish a temporary parenting plan.]
Sec. 153.603. REQUIREMENT OF [FINAL] PARENTING PLAN IN
FINAL ORDER. (a) Except as provided by Subsection (b), a [A] final
order in a suit affecting the parent-child relationship must
include [incorporate] a [final] parenting plan. [A final parenting
plan must:
[(1) establish the rights and duties of each parent
with respect to the child, consistent with the criteria in this
chapter;
[(2) minimize the child's exposure to harmful parental
conflict;
[(3) provide for the child's changing needs as the
child grows and matures, in a way that minimizes the need for
further modifications to the final parenting plan; and
[(4) provide for a dispute resolution process or other
voluntary dispute resolution procedures, before court action,
unless precluded or limited by Section 153.0071.]
(b) The following orders are not required to include a
parenting plan:
(1) an order that only modifies child support;
(2) an order that only terminates parental rights; or
(3) a final order described by Section 155.001(b) [In
providing for a dispute resolution process, the parenting plan must
state that:
[(1) preference shall be given to carrying out the
parenting plan; and
[(2) the parties shall use the designated process to
resolve disputes].
(c) [If the parties cannot reach agreement on a final
parenting plan, the court, on the motion of a party or on the
court's own motion, may order appropriate dispute resolution
proceedings under Section 153.0071 to determine a final parenting
plan.
[(d)] If the parties have not reached agreement on a final
parenting plan on or before the 30th day before the date set for
trial on the merits, a [each] party may [shall] file with the court
and serve a proposed [final] parenting plan. [Failure by a party to
comply with this subsection may result in the court's adoption of
the proposed final parenting plan filed by the opposing party if the
court finds that plan to be in the best interest of the child.]
(d) This section does not preclude the parties from
requesting the appointment of a parenting coordinator to resolve
parental conflicts. [(e) Each party filing a proposed final
parenting plan must attach:
[(1) a verified statement of income determined in
accordance with the child support guidelines and related provisions
prescribed by Chapter 154; and
[(2) a verified statement that the plan is proposed in
good faith and is in the best interest of the child.]
Sec. 153.6031. EXCEPTION TO DISPUTE RESOLUTION PROCESS
REQUIREMENT. A requirement in a parenting plan that a party
initiate or participate in a dispute resolution process before
filing a court action does not apply to an action:
(1) to modify the parenting plan in an emergency;
(2) to modify child support;
(3) alleging that the child's present circumstances
will significantly impair the child's physical health or
significantly impair the child's emotional development;
(4) to enforce; or
(5) in which the party shows that enforcement of the
requirement is precluded or limited by Section 153.0071.
SECTION ____. Section 153.605, Family Code, is amended to
read as follows:
Sec. 153.605. APPOINTMENT OF PARENTING COORDINATOR. (a)
In a suit affecting the parent-child relationship, the court may,
on its own motion or on a motion or agreement of the parties,
appoint a parenting coordinator to assist the parties in resolving
[issues related to] parenting [or other family] issues [in the
suit].
(b) The court may not appoint a parenting coordinator [if
any party objects] unless, after notice and hearing, the court
makes a specific finding [findings] that:
(1) the case is [or is likely to become] a
high-conflict case; or
(2) there is good cause shown for the appointment of a
parenting coordinator and the appointment is in the best interest
of any minor child in the suit.
(c) Notwithstanding any other provision of this subchapter,
a party may at any time [prior to the appointment of a parenting
coordinator] file a written objection to the appointment of a
parenting coordinator on the basis of family violence having been
committed by another party against the objecting party or a child
who is the subject of the suit. After an objection is filed, a
parenting coordinator may not be appointed unless, on the request
of a party, a hearing is held and the court finds that a
preponderance of the evidence does not support the objection. If a
parenting coordinator is appointed, the court shall order
appropriate measures be taken to ensure the physical and emotional
safety of the party who filed the objection. The order may provide
that the parties not be required to have face-to-face contact and
that the parties be placed in separate rooms during the parenting
coordination.
SECTION ____. The heading to Section 153.606, Family Code,
is amended to read as follows:
Sec. 153.606. DUTIES [AUTHORITY] OF PARENTING COORDINATOR.
SECTION ____. Subsections (a) and (c), Section 153.606,
Family Code, are amended to read as follows:
(a) The duties [authority] of a parenting coordinator must
be specified in the order appointing the parenting coordinator.
The duties of the parenting coordinator are [and] limited to
matters that will aid the parties in:
(1) identifying disputed issues;
(2) reducing misunderstandings;
(3) clarifying priorities;
(4) exploring possibilities for problem solving;
(5) developing methods of collaboration in parenting;
(6) understanding parenting plans and reaching
agreements about parenting issues to be included in a parenting
plan [developing a parenting plan]; and
(7) complying with the court's order regarding
conservatorship or possession of and access to the child.
(c) The parenting coordinator may not modify any order,
judgment, or decree [but may urge or suggest that the parties agree
to minor temporary departures from a parenting plan if the
parenting coordinator is authorized by the court to do so]. If a
suit is pending, any [Any] agreement made by the parties with the
assistance of [and] the parenting coordinator must [may] be reduced
to writing, signed by the parties and their attorneys, if any, and
filed with [presented to] the court [for approval].
SECTION ____. Subsection (b), Section 153.607, Family Code,
is amended to read as follows:
(b) The court shall [may] remove the parenting coordinator:
(1) on the request and agreement of both parties; or
(2) on the motion of a party, if good cause is shown.
SECTION ____. Section 153.608, Family Code, is amended to
read as follows:
Sec. 153.608. REPORT OF PARENTING COORDINATOR. A parenting
coordinator shall submit a written report to the court and to the
parties as often as ordered by the court. The [In the] report must
be limited to a statement of[, the parenting coordinator may give
only an opinion regarding] whether the parenting coordination [is
succeeding and] should continue.
SECTION ____. Subsections (a) and (c), Section 153.609,
Family Code, are amended to read as follows:
(a) A court may not appoint a parenting coordinator, other
than a domestic relations office or a comparable county agency
appointed under [an employee described by] Subsection (c) or a
volunteer appointed under Subsection (d), unless, after notice and
hearing, the court finds that the parties have the means to pay the
fees of the parenting coordinator.
(c) Public funds may not be used to pay the fees of a
parenting coordinator. Notwithstanding this prohibition, a court
may appoint [an employee of the court,] the domestic relations
office[,] or a comparable county agency to act as a parenting
coordinator if personnel are available to serve that function.
SECTION ____. The following are repealed:
(1) Section 153.604, Family Code; and
(2) Subsections (e) and (f), Section 153.606, Family
Code.
SECTION ____. The changes in law made by this Act to Chapter
153, Family Code, relating to the use of a parenting plan or a
parenting coordinator apply to a suit affecting the parent-child
relationship that is pending in a trial court on the effective date
of this Act or that is filed on or after the effective date of this
Act.