Texas Senate Bill SB1349

Texas 2021 - 87th Regular

Caption

Relating to placing a child in the possessory conservatorship of the child's parents in certain situations.

Impact

The bill emphasizes a more streamlined approach to the recovery of parental rights after a child has been placed in a conservatorship. By mandating reviews at each permanency hearing to assess whether the child can be returned to the parent, SB1349 aims to foster reunification when appropriate. It empowers the Department of Family and Protective Services to make recommendations based on the parent's ability to remedy the conditions that originally led to the child’s removal. This aligns with the existing principles of child welfare, ensuring the focus remains on the child's best interests.

Summary

SB1349 aims to amend provisions in the Family Code regarding child custody, specifically concerning the situation where a child is placed under the possessory conservatorship of someone other than the parents. This legislation allows a parent to file a suit to modify a final order if that order designated someone other than the parent as the managing conservator without terminating the parent's rights. The key intention here is to simplify the process for a parent to regain custody of their child under circumstances deemed to be in the best interest of the child.

Sentiment

The sentiment surrounding SB1349 appears to be generally positive among advocates for family rights and child welfare. Proponents argue that this bill supports parents in regaining custody of their children and addresses the need for regular assessments of the child's situation. They highlight the importance of the law in fostering family unity and protecting parental rights. However, there may be concerns from some stakeholders regarding how effectively the courts and the department will be able to handle increased responsibilities without compromising the thoroughness of reviews.

Contention

Notable points of contention may arise concerning how assessments of parental capability and the child’s best interests are conducted. Critics could argue that the criteria for determining whether a child can be returned might be susceptible to varying interpretations among judges and caseworkers, leading to inconsistencies in outcomes. Additionally, there could be concerns about the resources available to the Department of Family and Protective Services to effectively manage the increased review load stipulated by the bill, ensuring thorough oversight without overwhelming the system.