85R19712 MK-D
 
  By: Ortega, Wu, Frank, Cain H.B. No. 1410
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the ability of foster parents to intervene in certain
  suits affecting the parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 102.004, Family Code, is amended by
  amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  An original suit requesting possessory conservatorship
  may not be filed by a grandparent or other person.  However, the
  court may grant a grandparent or other person, subject to the
  requirements of Subsection (b-1) if applicable, deemed by the court
  to have had substantial past contact with the child leave to
  intervene in a pending suit filed by a person authorized to do so
  under this chapter [subchapter] if there is satisfactory proof to
  the court that appointment of a parent as a sole managing
  conservator or both parents as joint managing conservators would
  significantly impair the child's physical health or emotional
  development.
         (b-1)  A foster parent may only be granted leave to intervene
  under Subsection (b) if the foster parent would have standing to
  file an original suit as provided by Section 102.003(a)(12).
         SECTION 2.  The changes in law made by this Act apply only to
  an original suit affecting the parent-child relationship filed on
  or after the effective date of this Act. An original suit affecting
  the parent-child relationship filed before the effective date of
  this Act is subject to the law in effect at the time the suit was
  filed, and the former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2017.