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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 filed by the Department of Family and Protective |
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Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.101, Family Code, is amended by |
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adding Subsections (c), (d), and (e) to read as follows: |
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(c) The Department of Family and Protective Services may not |
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file a petition for the termination of the parent-child |
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relationship unless: |
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(1) the child has been in the temporary managing |
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conservatorship of the department for at least 15 of the previous 22 |
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months; |
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(2) the child is under two years of age and the court |
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has previously determined that the child was abandoned; or |
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(3) the department petition alleges aggravated |
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circumstances under Section 262.2015 against the parent. |
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(d) Notwithstanding Subsection (c), the Department of |
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Family and Protective Services may not file a petition for the |
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termination of the parent-child relationship if: |
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(1) the child is being cared for by a relative; |
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(2) the department finds a compelling reason why |
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termination of the parent-child relationship is not in the child's |
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best interests and documents that reason in the family service |
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plan; |
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(3) the court made a finding during the preceding 12 |
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months that the department failed to make reasonable efforts to |
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reunite the child and family; or |
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(4) the parent is incarcerated, or the parent's |
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previous incarceration is a significant factor in the duration of |
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the department's conservatorship of the child, and the parent |
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maintains a meaningful role in the child's life, and the department |
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has not documented another reason why it would otherwise be |
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appropriate to terminate parental rights. |
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(e) The assessment of whether a parent maintains a |
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meaningful role in the child's life for purposes of Subsection |
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(d)(4) may include consideration of: |
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(1) the child's best interests; |
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(2) the parent's concern for the child, demonstrated |
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in letters, telephone calls, visits, and other forms of |
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communication and the impact of the communication with the child; |
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(3) the parent's efforts to: |
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(A) communicate with and work with the department |
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for the purpose of complying with the family service plan; and |
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(B) repair, maintain, or build the parent-child |
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relationship; |
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(4) limitations on the parent's access to family |
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support programs, therapeutic services, visiting opportunities, |
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and telephone and mail services; and |
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(5) limitations on the parent's ability to |
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meaningfully participate in court proceedings. |
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SECTION 2. The heading to Section 263.401, Family Code, is |
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amended to read as follows: |
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Sec. 263.401. DISMISSAL AFTER TWO YEARS [ONE YEAR]; NEW |
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TRIALS; EXTENSION. |
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SECTION 3. Sections 263.401(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) Unless the court has commenced the trial on the merits |
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or granted an extension under Subsection (b) or (b-1), on the first |
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Monday after the second [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 the suit |
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affecting the parent-child relationship filed by the department |
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that requests termination of the parent-child relationship or |
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requests that the department be named conservator of the child is |
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terminated and all pleadings filed by a party are [the suit is] |
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automatically dismissed without a court order. Not later than the |
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60th day before the day the suit and all pleadings belonging to a |
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party are [is] automatically dismissed, the court shall notify all |
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parties to the suit of the automatic dismissal date. |
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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 a parent files a motion to |
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extend time or a motion pursuant to Section 263.403 and the court |
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finds that extraordinary circumstances necessitate the child |
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remaining in the temporary managing conservatorship of the |
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department and that continuing the appointment of the department as |
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temporary managing conservator is in the best interest of the |
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child. If the court makes those findings, the court may retain the |
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suit on the court's docket for a period not to exceed 180 days after |
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the time described by Subsection (a). If the court retains the suit |
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on the court's docket, the court shall render an order in which the |
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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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SECTION 4. The changes in law made by this Act apply to a |
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suit affecting the parent-child relationship that is pending in a |
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trial court on the effective date of this Act or that is filed on or |
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after the effective date of this Act. |
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SECTION 5. This Act takes effect September 1, 2023. |