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A BILL TO BE ENTITLED
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AN ACT
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relating to parent education and family stabilization courses in |
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certain suits affecting the parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 105.009(a), (c), (h), (i), and (k), |
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Family Code, are amended to read as follows: |
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(a) In a suit affecting the parent-child relationship, |
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including an action to modify an order in a suit affecting the |
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parent-child relationship providing for possession of or access to |
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a child, the court may order the parties to the suit to attend a |
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parent education and family stabilization course if the court, |
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after conducting an evidentiary hearing, finds that the parties |
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lack adequate parent education and family stabilization. The court |
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shall specifically state the court's finding as to each deficiency |
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of the parties with regard to parenting education and family |
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stability and state with specificity the areas listed in Subsection |
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(c) to be covered in the parent education and family stabilization |
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course [determines that the order is in the best interest of the
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child]. |
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(c) A course under this section may [must be at least four
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hours, but] not exceed [more than] 12 hours[,] in length and must be |
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designed to educate and assist parents only with regard to those of |
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the following areas specifically identified in the court's findings |
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under Subsection (a) as necessary [the consequences of divorce on
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parents and children. The course must include information on the
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following issues]: |
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(1) the emotional effects of divorce on parents; |
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(2) the emotional and behavioral reactions to divorce |
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by young children and adolescents; |
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(3) parenting issues relating to the concerns and |
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needs of children at different development stages; |
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(4) stress indicators in young children and |
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adolescents; |
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(5) conflict management; |
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(6) family stabilization through development of a |
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coparenting relationship; |
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(7) the financial responsibilities of parenting; |
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(8) family violence, spousal abuse, and child abuse |
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and neglect; and |
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(9) the availability of community services and |
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resources. |
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(h) The course required under this section may be completed, |
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at the party's sole option, by: |
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(1) personal instruction; |
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(2) video recorded [videotape] instruction; |
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(3) instruction through an electronic medium; or |
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(4) a combination of those methods. |
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(i) On completion of the course, the course provider shall |
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issue a certificate of completion to each participant. The |
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certificate must state: |
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(1) the name of the participant; |
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(2) the name of the course provider; |
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(3) the date the course was completed; and |
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(4) whether the course was provided by: |
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(A) personal instruction; |
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(B) video recorded [videotape] instruction; |
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(C) instruction through an electronic medium; or |
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(D) a combination of those methods. |
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(k) The court may not order the parties to a suit to attend a |
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course under this section if the parties cannot afford to take the |
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course. If the parties cannot afford to take a course, the court |
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may direct the parties to a course that is offered [on a sliding fee
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scale or] without charge, if a course of that type is available, or |
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order the Department of Family and Protective Services to pay the |
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cost of the course. [A party to a suit may not be required to pay
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more than $100 to attend a course ordered under this section.] |
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SECTION 2. The change in law made by this Act applies to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on or filed on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2011. |