BILL ANALYSIS |
C.S.S.B. 429 |
By: Nelson |
Judiciary & Civil Jurisprudence |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Currently, when certain child protective services cases are dismissed, the judge is authorized, but not required, to consider issuing or amending other court orders that may be relevant to the child's best interest. C.S.S.B. 429 seeks to require judges to consider certain factors relating to a child before dismissing certain suits terminating the parent-child relationship to ensure that dismissal orders are issued with a comprehensive understanding of all related court orders impacting the best interest of a child.
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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.
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ANALYSIS
C.S.S.B. 429 amends the Family Code to require a court, before approving a dismissal or nonsuit of a suit to terminate the parent-child relationship filed by the Department of Family and Protective Services, to consider whether the dismissal is in the best interest of each child affected by the suit and whether any orders for the conservatorship, possession of or access to, or support of each child affected by the suit continue in effect after the dismissal or nonsuit. The bill authorizes the court, before approving a dismissal or nonsuit of such a suit, to render an order for the conservatorship, possession of or access to, or support of each child affected by the suit that will continue in effect after the dismissal or nonsuit of the suit to terminate the parent-child relationship.
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EFFECTIVE DATE
September 1, 2013.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.S.B. 429 may differ from the engrossed version in minor or nonsubstantive ways, the following comparison is organized and highlighted in a manner that indicates the substantial differences between the engrossed and committee substitute versions of the bill.
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