| 1 | 1 | | 81R11804 JMM-D |
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| 2 | 2 | | By: Zerwas H.B. No. 4565 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to parent education and family stabilization courses in |
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| 8 | 8 | | certain suits affecting the parent-child relationship. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 105.009(a), (c), (h), (i), and (k), |
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| 11 | 11 | | Family Code, are amended to read as follows: |
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| 12 | 12 | | (a) In a suit affecting the parent-child relationship, |
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| 13 | 13 | | including an action to modify an order in a suit affecting the |
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| 14 | 14 | | parent-child relationship providing for possession of or access to |
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| 15 | 15 | | a child, the court may order the parties to the suit to attend a |
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| 16 | 16 | | parent education and family stabilization course if the court, |
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| 17 | 17 | | after conducting an evidentiary hearing, finds that the parties |
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| 18 | 18 | | lack adequate parent education and family stabilization. The court |
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| 19 | 19 | | shall specifically state the court's finding as to each deficiency |
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| 20 | 20 | | of the parties with regard to parenting education and family |
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| 21 | 21 | | stability and state with specificity the areas listed in Subsection |
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| 22 | 22 | | (c) to be covered in the parent education and family stabilization |
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| 23 | 23 | | course [determines that the order is in the best interest of the |
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| 24 | 24 | | child]. |
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| 25 | 25 | | (c) A course under this section may [must be at least four |
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| 26 | 26 | | hours, but] not exceed [more than] 12 hours[,] in length and must be |
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| 27 | 27 | | designed to educate and assist parents only with regard to those of |
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| 28 | 28 | | the following areas specifically identified in the court's findings |
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| 29 | 29 | | under Subsection (a) as necessary [the consequences of divorce on |
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| 30 | 30 | | parents and children. The course must include information on the |
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| 31 | 31 | | following issues]: |
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| 32 | 32 | | (1) the emotional effects of divorce on parents; |
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| 33 | 33 | | (2) the emotional and behavioral reactions to divorce |
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| 34 | 34 | | by young children and adolescents; |
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| 35 | 35 | | (3) parenting issues relating to the concerns and |
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| 36 | 36 | | needs of children at different development stages; |
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| 37 | 37 | | (4) stress indicators in young children and |
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| 38 | 38 | | adolescents; |
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| 39 | 39 | | (5) conflict management; |
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| 40 | 40 | | (6) family stabilization through development of a |
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| 41 | 41 | | coparenting relationship; |
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| 42 | 42 | | (7) the financial responsibilities of parenting; |
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| 43 | 43 | | (8) family violence, spousal abuse, and child abuse |
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| 44 | 44 | | and neglect; and |
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| 45 | 45 | | (9) the availability of community services and |
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| 46 | 46 | | resources. |
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| 47 | 47 | | (h) The course required under this section may be completed, |
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| 48 | 48 | | at the party's sole option, by: |
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| 49 | 49 | | (1) personal instruction; |
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| 50 | 50 | | (2) video recorded [videotape] instruction; |
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| 51 | 51 | | (3) instruction through an electronic medium; or |
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| 52 | 52 | | (4) a combination of those methods. |
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| 53 | 53 | | (i) On completion of the course, the course provider shall |
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| 54 | 54 | | issue a certificate of completion to each participant. The |
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| 55 | 55 | | certificate must state: |
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| 56 | 56 | | (1) the name of the participant; |
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| 57 | 57 | | (2) the name of the course provider; |
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| 58 | 58 | | (3) the date the course was completed; and |
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| 59 | 59 | | (4) whether the course was provided by: |
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| 60 | 60 | | (A) personal instruction; |
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| 61 | 61 | | (B) video recorded [videotape] instruction; |
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| 62 | 62 | | (C) instruction through an electronic medium; or |
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| 63 | 63 | | (D) a combination of those methods. |
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| 64 | 64 | | (k) The court may not order the parties to a suit to attend a |
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| 65 | 65 | | course under this section if the parties cannot afford to take the |
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| 66 | 66 | | course. If the parties cannot afford to take a course, the court |
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| 67 | 67 | | may direct the parties to a course that is offered [on a sliding fee |
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| 68 | 68 | | scale or] without charge, if a course of that type is available, or |
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| 69 | 69 | | order the Department of Family and Protective Services to pay the |
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| 70 | 70 | | cost of the course. [A party to a suit may not be required to pay |
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| 71 | 71 | | more than $100 to attend a course ordered under this section.] |
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| 72 | 72 | | SECTION 2. The change in law made by this Act applies to a |
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| 73 | 73 | | suit affecting the parent-child relationship that is pending in a |
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| 74 | 74 | | trial court on or filed on or after the effective date of this Act. |
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| 75 | 75 | | SECTION 3. This Act takes effect September 1, 2009. |
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