Texas 2017 - 85th Regular

Texas House Bill HB1766

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to involuntary termination of parental rights based on sexual assault of the child's other parent and the child support obligations of the parent whose rights were terminated.

Impact

The introduction of HB 1766 would significantly impact state laws by providing clearer grounds under which parental rights may be terminated due to violent crimes against others, particularly in intimate relationships. The bill expands on existing laws by specifically including sexual assault provisions, which is crucial for protecting children from potential future harm by ensuring that those convicted of extreme offenses are barred from having a parental role. This amendment is likely aimed at both prevention and the proper allocation of resources for families affected by such situations, potentially reducing the emotional and financial burdens on the custodial parent.

Summary

House Bill 1766 seeks to amend the Texas Family Code concerning the involuntary termination of parental rights on the grounds of sexual assault perpetrated against the child's other parent. The bill establishes that if a parent is convicted for certain sexual offenses, the court can order the termination of their parental rights. This legislation aims to reinforce the protection of children born from such circumstances and to ensure that the negative impacts of the parent's criminal behavior do not extend to custodial rights or child support obligations towards the child in question. Alongside parental rights termination, it addresses the child support obligations for parents whose rights have been terminated if their conduct falls under the defined offenses.

Sentiment

The general sentiment around HB 1766 appears to be supportive, as it aligns with efforts to enhance the safety and welfare of children in cases of severe domestic violence. Proponents of the bill emphasize the necessity of protecting vulnerable children from their biological parents who have a history of aggressive or violent behavior, particularly when it undermines the well-being of mothers or other custodial caregivers. However, while there is notable support, there may also be concerns regarding the broader implications for parental rights and the rights of individuals accused of such offenses, which could spur debate about the potential for misuse of the law.

Contention

A point of contention could arise regarding the balance between protecting children and the rights of parents, particularly in scenarios where allegations may not lead to convictions. The bill connects parental rights with criminal activity in new ways, which implies that accusations could lead to significant legal repercussions. Critics might argue that this could discourage victims from coming forward due to fear of losing their parental relationships or facing legal hurdles. Therefore, while the bill seeks to serve an important protective function, its potential implications on civil rights can fuel further discussions on judicial discretion and procedural safeguards.

Companion Bills

TX SB77

Identical Relating to involuntary termination of parental rights based on sexual assault of the child's other parent and the child support obligations of the parent whose rights were terminated.

Similar Bills

No similar bills found.