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