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A BILL TO BE ENTITLED
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AN ACT
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Relating to certain procedures in suits affecting the parent-child |
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relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 105.002, Family Code, is amended by |
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adding Subsection (d) to read as follows: |
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(d) In a suit affecting the parent-child relationship in |
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which the Department of Family and Protective Services seeks |
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termination of the parent-child relationship, the court may not |
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issue broad-form questions to the jury on the issue of whether to |
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terminate the parent-child relationship. The court shall instruct |
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the jury to find from the evidence whether the grounds for |
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termination of the parent-child relationship alleged in the |
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petition are true. If the petition alleges more than one ground for |
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termination, the jury shall indicate in the verdict which grounds |
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are sustained by the evidence and which are not sustained. To the |
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extent that this subsection conflicts with the Texas Rules of Civil |
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Procedure, this subsection controls. Notwithstanding Section |
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22.004, Government Code, the supreme court may not amend or adopt |
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rules in conflict with this subsection. |
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SECTION 2. Section 154.001, Family Code, is amended by |
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amending Subsection (b) and adding Subsection (b-1) to read as |
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follows: |
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(b) In a suit filed by the Department of Family and |
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Protective Services to be named managing conservator of a child, |
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the court may not order a parent of the child to make periodic |
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payments for the support of the child while the suit is pending, |
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except as provided by this section. [The court may order either or
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both parents to make periodic payments for the support of a child in
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a proceeding in which the Department of Protective and Regulatory
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Services is named temporary managing conservator.] |
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(b-1) In a proceeding in which a court renders a final order |
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appointing the Department of Family and Protective [and Regulatory] |
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Services as [is named permanent] managing conservator of a child |
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whose parents' rights have not been terminated, the court shall |
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order each parent that is financially able to make periodic |
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payments for the support of the child. |
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SECTION 3. Subchapter B, Chapter 161, Family Code, is |
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amended by adding Section 161.1011 to read as follows: |
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Sec. 161.1011. FILING REQUIREMENT FOR PETITION RELATING TO |
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MORE THAN ONE CHILD. (a) Before filing a petition for the |
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termination of the parent-child relationship relating to more than |
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one child, the Department of Family and Protective Services must |
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determine whether any court has continuing, exclusive jurisdiction |
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of a child named in the petition. If a court is determined to have |
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continuing, exclusive jurisdiction of a child named in the |
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petition, the department shall file the petition in that court. |
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(b) If more than one court has continuing, exclusive |
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jurisdiction of a child named in the petition, the department shall |
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file the petition in the court that has most recently exercised |
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continuing, exclusive jurisdiction of a child named in the |
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petition. |
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SECTION 4. Section 161.206, Family Code, is amended by |
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adding Subsection (a-1) to read as follows: |
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(a-1) In a suit filed by the Department of Family and |
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Protective Services seeking termination of the parent-child |
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relationship for both parents of the child, the court may order |
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termination of the parent-child relationship for both parents only |
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if the court finds by clear and convincing evidence grounds for the |
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termination of the parent-child relationship for each parent. An |
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order rendered under this subsection must state the grounds for |
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terminating the parent-child relationship for each parent. |
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SECTION 5. Section 262.201, Family Code, is amended by |
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adding Subsection (a-5) to read as follows: |
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(a-5) If a parent who is not indigent appears in opposition |
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to the suit, the court may, for good cause shown, postpone the full |
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adversary hearing for not more than seven days from the date of the |
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parent's appearance to allow the parent to hire an attorney or to |
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provide the parent's attorney time to respond to the petition and |
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prepare for the hearing. A postponement under this subsection is |
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subject to the limits and requirements prescribed by Subsection |
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(a-3). |
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SECTION 6. Subchapter C, Chapter 262, Family Code, is |
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amended by adding Section 262.206 to read as follows: |
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Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless |
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otherwise authorized by law, a hearing held by a court in a suit |
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under this chapter may not be ex parte. |
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SECTION 7. Section 263.401, Family Code, is amended to read |
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as follows: |
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Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS; |
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EXTENSION. (a) Unless the court has commenced the trial on the |
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merits or granted an extension under Subsection (b) or (b-1), on the |
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first Monday after the first anniversary of the date the court |
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rendered a temporary order appointing the department as temporary |
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managing conservator, the court's jurisdiction over [court shall
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dismiss] the suit affecting the parent-child relationship filed by |
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the department that requests termination of the parent-child |
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relationship or requests that the department be named conservator |
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of the child is terminated and the suit is automatically dismissed |
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without a court order. |
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(b) Unless the court has commenced the trial on the merits, |
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the court may not retain the suit on the court's docket after the |
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time described by Subsection (a) unless the court finds that |
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extraordinary circumstances necessitate the child remaining in the |
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temporary managing conservatorship of the department and that |
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continuing the appointment of the department as temporary managing |
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conservator is in the best interest of the child. If the court makes |
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those findings, the court may retain the suit on the court's docket |
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for a period not to exceed 180 days after the time described by |
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Subsection (a). If the court retains the suit on the court's docket, |
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the court shall render an order in which the court: |
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(1) schedules the new date on which the suit will be |
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automatically dismissed if the trial on the merits has not |
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commenced, which date must be not later than the 180th day after the |
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time described by Subsection (a); |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits on a date not later |
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than the date specified under Subdivision (1). |
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(b-1) If, after commencement of the initial trial on the |
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merits within the time required by Subsection (a) or (b), the court |
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grants a motion for a new trial or mistrial, or the case is remanded |
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to the court by an appellate court following an appeal of the |
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court's final order, the court shall retain the suit on the court's |
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docket and render an order in which the court: |
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(1) schedules a new date on which the suit will be |
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automatically dismissed if the new trial has not commenced, which |
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must be a date not later than the 180th day after the date on which: |
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(A) the motion for a new trial or mistrial is |
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granted; or |
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(B) the appellate court remanded the case; |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the new trial on the merits for a date not |
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later than the date specified under Subdivision (1). |
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(c) If the court grants an extension under Subsection (b) or |
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(b-1) but does not commence the trial on the merits before the |
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dismissal date, the court's jurisdiction over [court shall dismiss] |
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the suit is terminated and the suit is automatically dismissed |
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without a court order. The court may not grant an additional |
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extension that extends the suit beyond the required date for |
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dismissal under Subsection (b) or (b-1), as applicable. |
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SECTION 8. The changes in law made by this Act apply only to |
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a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit filed before that date is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 9. This Act takes effect September 1, 2017. |