81R16041 T
 
  By: Hernandez H.B. No. 4425
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing a suit to declare that certain children
  have been abused, neglected, or abandoned.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Title 2, Family Code, is amended by adding
  Subtitle D to read as follows:
  SUBTITLE D. SPECIAL DECLARATORY ACTIONS
  CHAPTER 46. SPECIAL DECLARATORY ACTIONS
         Sec. 46.001.  PETITION. A child who is not a citizen of the
  United States and who is younger than 21 years of age, or a managing
  conservator or guardian of the child, may file a suit in a court
  having family law jurisdiction requesting the court to declare that
  the child is court-dependent and that reunification with one or
  both of the immigrant's parents is not viable due to abuse, neglect
  or abandonment, or a similar basis found under state law.
         Sec. 46.002.  NOTICE. (a) The court shall issue notice of
  the filing of a suit under this chapter to the parents of a child
  older than 18 years of age or to the parents of a child younger than
  18 years of age.
         (b)  If the identity or location of the child's parents is
  unknown or if the parents reside outside of the United States, the
  court may serve notice using any alternative method of service the
  court determines is appropriate or waive service when the child is
  described in section 101(a)(27)(J) and section 287(h) of the
  Immigration and Nationality Act.
         Sec. 46.003.  HEARING. The court shall hold a hearing on a
  petition filed under this chapter not later than the 14th day after
  the date the petition is filed or a similar basis.
         Sec. 46.004.  COURT ORDER. The court shall render an order
  declaring that the child is court-dependent and that reunification
  with one or both of the immigrant's parents is not viable due to
  abuse, neglect or abandonment, and a similar basis found under
  state law if the court finds that:
               (1)  reunification of the child with the child's parent
  is not viable because of abandonment, abuse or neglect of the child;
               (2)  it is not in the child's best interests to return
  the child to the child's or the parent's previous country of origin
  or country of last habitual residence; and
               (3)  it is in the best interests of the child for the
  child to remain in the United States.
         Sec. 46.005.  NOTICE TO DEPARTMENT OF FAMILY AND PROTECTIVE
  SERVICES; DUTIES. (a) If the court renders an order described by
  Section 46.004, the court shall notify the Department of Family and
  Protective Services of the order and provide the department with
  the contact information for the child.
         (b)  On receipt of notice under this section, the Department
  of Family and Protective Services shall open an investigation
  concerning the child to determine whether the child qualifies for
  services provided by the department.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2009.