| |
| |
|
|
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. |