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A BILL TO BE ENTITLED
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AN ACT
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relating to grounds for the involuntary termination of the |
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parent-child relationship. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.001(b), Family Code, is amended to |
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read as follows: |
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(b) The court may order termination of the parent-child |
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relationship if the court finds by clear and convincing evidence: |
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(1) that the parent has: |
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(A) voluntarily left the child alone or in the |
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possession of another not the parent and expressed an intent not to |
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return; |
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(B) voluntarily left the child alone or in the |
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possession of another not the parent without expressing an intent |
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to return, without providing for the adequate support of the child, |
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and remained away for a period of at least three months; |
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(C) voluntarily left the child alone or in the |
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possession of another without providing adequate support of the |
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child and remained away for a period of at least six months; |
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(D) knowingly placed or knowingly allowed the |
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child to remain in conditions or surroundings which endanger the |
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physical or emotional well-being of the child; |
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(E) engaged in conduct or knowingly placed the |
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child with persons who engaged in conduct which endangers the |
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physical or emotional well-being of the child; |
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(F) failed to support the child in accordance |
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with the parent's ability during a period of one year ending within |
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six months of the date of the filing of the petition; |
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(G) abandoned the child without identifying the |
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child or furnishing means of identification, and the child's |
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identity cannot be ascertained by the exercise of reasonable |
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diligence; |
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(H) voluntarily, and with knowledge of the |
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pregnancy, abandoned the mother of the child beginning at a time |
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during her pregnancy with the child and continuing through the |
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birth, failed to provide adequate support or medical care for the |
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mother during the period of abandonment before the birth of the |
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child, and remained apart from the child or failed to support the |
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child since the birth; |
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(I) contumaciously refused to submit to a |
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reasonable and lawful order of a court under Subchapter D, Chapter |
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261; |
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(J) been the major cause of: |
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(i) the failure of the child to be enrolled |
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in school as required by the Education Code; or |
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(ii) the child's absence from the child's |
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home without the consent of the parents or guardian for a |
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substantial length of time or without the intent to return; |
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(K) executed before or after the suit is filed an |
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unrevoked or irrevocable affidavit of relinquishment of parental |
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rights as provided by this chapter; |
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(L) been convicted or has been placed on |
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community supervision, including deferred adjudication community |
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supervision, for being criminally responsible for the death or |
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serious injury of a child under the following sections of the Penal |
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Code, or under a law of another jurisdiction that contains elements |
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that are substantially similar to the elements of an offense under |
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one of the following Penal Code sections, or adjudicated under |
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Title 3 for conduct that caused the death or serious injury of a |
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child and that would constitute a violation of one of the following |
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Penal Code sections: |
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(i) Section 19.02 (murder); |
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(ii) Section 19.03 (capital murder); |
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(iii) Section 19.04 (manslaughter); |
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(iv) Section 21.11 (indecency with a |
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child); |
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(v) Section 22.01 (assault); |
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(vi) Section 22.011 (sexual assault); |
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(vii) Section 22.02 (aggravated assault); |
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(viii) Section 22.021 (aggravated sexual |
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assault); |
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(ix) Section 22.04 (injury to a child, |
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elderly individual, or disabled individual); |
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(x) Section 22.041 (abandoning or |
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endangering child); |
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(xi) Section 25.02 (prohibited sexual |
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conduct); |
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(xii) Section 43.25 (sexual performance by |
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a child); |
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(xiii) Section 43.26 (possession or |
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promotion of child pornography); |
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(xiv) Section 21.02 (continuous sexual |
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abuse of young child or disabled individual); |
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(xv) Section 20A.02(a)(7) or (8) |
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(trafficking of persons); and |
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(xvi) Section 43.05(a)(2) (compelling |
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prostitution); |
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(M) had his or her parent-child relationship |
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terminated with respect to another child based on a finding that the |
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parent's conduct was in violation of Paragraph (D) or (E) or |
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substantially equivalent provisions of the law of another state; |
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(N) constructively abandoned the child who has |
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been in the permanent or temporary managing conservatorship of the |
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Department of Family and Protective Services for not less than six |
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months, and: |
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(i) the department has made reasonable |
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efforts to return the child to the parent; |
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(ii) the parent has not regularly visited |
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or maintained significant contact with the child; and |
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(iii) the parent has demonstrated an |
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inability to provide the child with a safe environment; |
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(O) failed to comply with the provisions of a |
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court order that specifically established the actions necessary for |
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the parent to obtain the return of the child who has been in the |
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permanent or temporary managing conservatorship of the Department |
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of Family and Protective Services for not less than nine months as a |
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result of the child's removal from the parent under Chapter 262 for |
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the abuse or neglect of the child; |
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(P) used a controlled substance, as defined by |
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Chapter 481, Health and Safety Code, in a manner that endangered the |
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health or safety of the child, and: |
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(i) failed to complete a court-ordered |
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substance abuse treatment program; or |
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(ii) after completion of a court-ordered |
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substance abuse treatment program, continued to abuse a controlled |
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substance; |
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(Q) knowingly engaged in criminal conduct that |
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has resulted in the parent's: |
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(i) conviction of an offense; and |
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(ii) confinement or imprisonment and |
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inability to care for the child for not less than two years from the |
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date of filing the petition; |
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(R) been the cause of the child being born |
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addicted to alcohol or a controlled substance, other than a |
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controlled substance legally obtained by prescription; |
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(S) voluntarily delivered the child to a |
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designated emergency infant care provider under Section 262.302 |
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without expressing an intent to return for the child; |
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(T) been convicted of: |
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(i) the murder of the other parent of the |
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child under Section 19.02 or 19.03, Penal Code, or under a law of |
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another state, federal law, the law of a foreign country, or the |
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Uniform Code of Military Justice that contains elements that are |
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substantially similar to the elements of an offense under Section |
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19.02 or 19.03, Penal Code; |
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(ii) criminal attempt under Section 15.01, |
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Penal Code, or under a law of another state, federal law, the law of |
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a foreign country, or the Uniform Code of Military Justice that |
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contains elements that are substantially similar to the elements of |
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an offense under Section 15.01, Penal Code, to commit the offense |
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described by Subparagraph (i); |
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(iii) criminal solicitation under Section |
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15.03, Penal Code, or under a law of another state, federal law, the |
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law of a foreign country, or the Uniform Code of Military Justice |
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that contains elements that are substantially similar to the |
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elements of an offense under Section 15.03, Penal Code, of the |
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offense described by Subparagraph (i); or |
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(iv) the sexual assault of the other parent |
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of the child under Section 22.011 or 22.021, Penal Code, or under a |
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law of another state, federal law, or the Uniform Code of Military |
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Justice that contains elements that are substantially similar to |
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the elements of an offense under Section 22.011 or 22.021, Penal |
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Code; [or] |
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(U) been placed on community supervision, |
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including deferred adjudication community supervision, or another |
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functionally equivalent form of community supervision or |
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probation, for being criminally responsible for the sexual assault |
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of the other parent of the child under Section 22.011 or 22.021, |
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Penal Code, or under a law of another state, federal law, or the |
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Uniform Code of Military Justice that contains elements that are |
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substantially similar to the elements of an offense under Section |
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22.011 or 22.021, Penal Code; or |
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(V) been convicted of: |
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(i) criminal solicitation of a minor under |
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Section 15.031, Penal Code, or under a law of another state, federal |
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law, the law of a foreign country, or the Uniform Code of Military |
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Justice that contains elements that are substantially similar to |
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the elements of an offense under Section 15.031, Penal Code; or |
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(ii) online solicitation of a minor under |
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Section 33.021, Penal Code, or under a law of another state, federal |
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law, the law of a foreign country, or the Uniform Code of Military |
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Justice that contains elements that are substantially similar to |
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the elements of an offense under Section 33.021, Penal Code; and |
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(2) that termination is in the best interest of the |
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child. |
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SECTION 2. The change in law made by this Act applies only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act 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 3. This Act takes effect September 1, 2023. |
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* * * * * |