Texas 2009 - 81st Regular

Texas House Bill HB4425 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R16041 T
2	2	By: Hernandez H.B. No. 4425
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to authorizing a suit to declare that certain children
8	8	have been abused, neglected, or abandoned.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Title 2, Family Code, is amended by adding
11	11	Subtitle D to read as follows:
12	12	SUBTITLE D. SPECIAL DECLARATORY ACTIONS
13	13	CHAPTER 46. SPECIAL DECLARATORY ACTIONS
14	14	Sec. 46.001. PETITION. A child who is not a citizen of the
15	15	United States and who is younger than 21 years of age, or a managing
16	16	conservator or guardian of the child, may file a suit in a court
17	17	having family law jurisdiction requesting the court to declare that
18	18	the child is court-dependent and that reunification with one or
19	19	both of the immigrant's parents is not viable due to abuse, neglect
20	20	or abandonment, or a similar basis found under state law.
21	21	Sec. 46.002. NOTICE. (a) The court shall issue notice of
22	22	the filing of a suit under this chapter to the parents of a child
23	23	older than 18 years of age or to the parents of a child younger than
24	24	18 years of age.
25	25	(b) If the identity or location of the child's parents is
26	26	unknown or if the parents reside outside of the United States, the
27	27	court may serve notice using any alternative method of service the
28	28	court determines is appropriate or waive service when the child is
29	29	described in section 101(a)(27)(J) and section 287(h) of the
30	30	Immigration and Nationality Act.
31	31	Sec. 46.003. HEARING. The court shall hold a hearing on a
32	32	petition filed under this chapter not later than the 14th day after
33	33	the date the petition is filed or a similar basis.
34	34	Sec. 46.004. COURT ORDER. The court shall render an order
35	35	declaring that the child is court-dependent and that reunification
36	36	with one or both of the immigrant's parents is not viable due to
37	37	abuse, neglect or abandonment, and a similar basis found under
38	38	state law if the court finds that:
39	39	(1) reunification of the child with the child's parent
40	40	is not viable because of abandonment, abuse or neglect of the child;
41	41	(2) it is not in the child's best interests to return
42	42	the child to the child's or the parent's previous country of origin
43	43	or country of last habitual residence; and
44	44	(3) it is in the best interests of the child for the
45	45	child to remain in the United States.
46	46	Sec. 46.005. NOTICE TO DEPARTMENT OF FAMILY AND PROTECTIVE
47	47	SERVICES; DUTIES. (a) If the court renders an order described by
48	48	Section 46.004, the court shall notify the Department of Family and
49	49	Protective Services of the order and provide the department with
50	50	the contact information for the child.
51	51	(b) On receipt of notice under this section, the Department
52	52	of Family and Protective Services shall open an investigation
53	53	concerning the child to determine whether the child qualifies for
54	54	services provided by the department.
55	55	SECTION 2. This Act takes effect immediately if it receives
56	56	a vote of two-thirds of all the members elected to each house, as
57	57	provided by Section 39, Article III, Texas Constitution. If this
58	58	Act does not receive the vote necessary for immediate effect, this
59	59	Act takes effect September 1, 2009.