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A BILL TO BE ENTITLED
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AN ACT
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relating to the dismissal or nonsuit of a suit to terminate the |
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parent-child relationship filed by a governmental entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.203, Family Code, is amended to read |
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as follows: |
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Sec. 161.203. DISMISSAL OF PETITION. (a) A suit to |
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terminate may not be dismissed nor may a nonsuit be taken unless the |
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dismissal or nonsuit is approved by the court. The dismissal or |
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nonsuit approved by the court is without prejudice. |
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(b) Before approving a dismissal or nonsuit of a suit filed |
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by a governmental entity to terminate the parent-child |
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relationship, the court must consider: |
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(1) whether any child support, visitation, or other |
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orders affecting the child continue in effect after the dismissal; |
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and |
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(2) whether the dismissal is in the best interest of |
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each child affected by the suit. |
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(c) The court shall ensure that a final order dismissing a |
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suit filed by a governmental entity to terminate the parent-child |
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relationship includes appropriate orders for continued child |
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support, visitation, or other orders the court determines are |
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necessary and in the best interest of the child. |
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SECTION 2. Sections 161.203(b) and (c), Family Code, as |
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added by this Act, apply only to a motion for the dismissal or |
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nonsuit of a suit to terminate the parent-child relationship that |
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is made on or after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2013. |