Texas House Bill HB1045

Texas 2023 - 88th Regular

• Filed: 12/19/22

Caption

Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.

Impact

The new legal framework established by HB 1045 affects the Family Code, potentially altering the procedures for court jurisdiction in cases involving children in state care. By removing the option for dismissal in specific circumstances, the bill seeks to address concerns that children who are missing from their placements may fall through the cracks of the judicial system. This change is significant in ensuring that courts remain involved in oversight and decision-making regarding missing children, thereby enhancing the safety and supports available to them while also holding the DFPS accountable.

Summary

House Bill 1045 introduces provisions relating to the dismissal of suits affecting the parent-child relationship as managed by the Department of Family and Protective Services (DFPS). Specifically, the bill prohibits courts from dismissing such a suit when a child is missing from their substitute care provider. This change is aimed at enhancing the protective measures in place for children under the custody and care of the state, ensuring that these cases receive continued judicial attention even when the whereabouts of the child are unknown.

Sentiment

The sentiment surrounding HB 1045 appears to be cautious but generally supportive among child welfare advocates and some legislators. Supporters see the bill as a necessary safeguard against the risk of children disappearing without proper legal proceedings or accountability. However, it may also raise concerns with some members of the legal community regarding potential implications for the court system's workload and the management of cases where a child’s whereabouts remain unclear.

Contention

Notable points of contention surrounding HB 1045 include debates on how this bill will affect existing case management processes and whether it adequately addresses the needs of families involved in these suits. While advocates emphasize the bill's potential to protect vulnerable children, skeptics might question its practicality and the efficiency of the judicial system in handling increased case loads. Overall, the bill reflects a broader dialogue on child welfare policies and the balance between governmental oversight and family autonomy.

Texas Constitutional Statutes Affected

Family Code

• Chapter 263. Review Of Placement Of Children Under Care Of Department Of Family And Protective Services
  • Section: New Section
  • Section: 501