Texas 2009 - 81st Regular

Texas Senate Bill SB1838 Compare Versions

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Old	New	Differences
1	1	S.B. No. 1838
2	2
3	3
4	4	AN ACT
5	5	relating to involuntary termination of parental rights based on
6	6	attempted murder or solicitation of murder of the child's other
7	7	parent.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 161.001, Family Code, is amended to read
10	10	as follows:
11	11	Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
12	12	RELATIONSHIP. The court may order termination of the parent-child
13	13	relationship if the court finds by clear and convincing evidence:
14	14	(1) that the parent has:
15	15	(A) voluntarily left the child alone or in the
16	16	possession of another not the parent and expressed an intent not to
17	17	return;
18	18	(B) voluntarily left the child alone or in the
19	19	possession of another not the parent without expressing an intent
20	20	to return, without providing for the adequate support of the child,
21	21	and remained away for a period of at least three months;
22	22	(C) voluntarily left the child alone or in the
23	23	possession of another without providing adequate support of the
24	24	child and remained away for a period of at least six months;
25	25	(D) knowingly placed or knowingly allowed the
26	26	child to remain in conditions or surroundings which endanger the
27	27	physical or emotional well-being of the child;
28	28	(E) engaged in conduct or knowingly placed the
29	29	child with persons who engaged in conduct which endangers the
30	30	physical or emotional well-being of the child;
31	31	(F) failed to support the child in accordance
32	32	with the parent's ability during a period of one year ending within
33	33	six months of the date of the filing of the petition;
34	34	(G) abandoned the child without identifying the
35	35	child or furnishing means of identification, and the child's
36	36	identity cannot be ascertained by the exercise of reasonable
37	37	diligence;
38	38	(H) voluntarily, and with knowledge of the
39	39	pregnancy, abandoned the mother of the child beginning at a time
40	40	during her pregnancy with the child and continuing through the
41	41	birth, failed to provide adequate support or medical care for the
42	42	mother during the period of abandonment before the birth of the
43	43	child, and remained apart from the child or failed to support the
44	44	child since the birth;
45	45	(I) contumaciously refused to submit to a
46	46	reasonable and lawful order of a court under Subchapter D, Chapter
47	47	261;
48	48	(J) been the major cause of:
49	49	(i) the failure of the child to be enrolled
50	50	in school as required by the Education Code; or
51	51	(ii) the child's absence from the child's
52	52	home without the consent of the parents or guardian for a
53	53	substantial length of time or without the intent to return;
54	54	(K) executed before or after the suit is filed an
55	55	unrevoked or irrevocable affidavit of relinquishment of parental
56	56	rights as provided by this chapter;
57	57	(L) been convicted or has been placed on
58	58	community supervision, including deferred adjudication community
59	59	supervision, for being criminally responsible for the death or
60	60	serious injury of a child under the following sections of the Penal
61	61	Code or adjudicated under Title 3 for conduct that caused the death
62	62	or serious injury of a child and that would constitute a violation
63	63	of one of the following Penal Code sections:
64	64	(i) Section 19.02 (murder);
65	65	(ii) Section 19.03 (capital murder);
66	66	(iii) Section 19.04 (manslaughter);
67	67	(iv) Section 21.11 (indecency with a
68	68	child);
69	69	(v) Section 22.01 (assault);
70	70	(vi) Section 22.011 (sexual assault);
71	71	(vii) Section 22.02 (aggravated assault);
72	72	(viii) Section 22.021 (aggravated sexual
73	73	assault);
74	74	(ix) Section 22.04 (injury to a child,
75	75	elderly individual, or disabled individual);
76	76	(x) Section 22.041 (abandoning or
77	77	endangering child);
78	78	(xi) Section 25.02 (prohibited sexual
79	79	conduct);
80	80	(xii) Section 43.25 (sexual performance by
81	81	a child);
82	82	(xiii) Section 43.26 (possession or
83	83	promotion of child pornography); and
84	84	(xiv) Section 21.02 (continuous sexual
85	85	abuse of young child or children);
86	86	(M) had his or her parent-child relationship
87	87	terminated with respect to another child based on a finding that the
88	88	parent's conduct was in violation of Paragraph (D) or (E) or
89	89	substantially equivalent provisions of the law of another state;
90	90	(N) constructively abandoned the child who has
91	91	been in the permanent or temporary managing conservatorship of the
92	92	Department of Family and Protective Services or an authorized
93	93	agency for not less than six months, and:
94	94	(i) the department or authorized agency has
95	95	made reasonable efforts to return the child to the parent;
96	96	(ii) the parent has not regularly visited
97	97	or maintained significant contact with the child; and
98	98	(iii) the parent has demonstrated an
99	99	inability to provide the child with a safe environment;
100	100	(O) failed to comply with the provisions of a
101	101	court order that specifically established the actions necessary for
102	102	the parent to obtain the return of the child who has been in the
103	103	permanent or temporary managing conservatorship of the Department
104	104	of Family and Protective Services for not less than nine months as a
105	105	result of the child's removal from the parent under Chapter 262 for
106	106	the abuse or neglect of the child;
107	107	(P) used a controlled substance, as defined by
108	108	Chapter 481, Health and Safety Code, in a manner that endangered the
109	109	health or safety of the child, and:
110	110	(i) failed to complete a court-ordered
111	111	substance abuse treatment program; or
112	112	(ii) after completion of a court-ordered
113	113	substance abuse treatment program, continued to abuse a controlled
114	114	substance;
115	115	(Q) knowingly engaged in criminal conduct that
116	116	has resulted in the parent's:
117	117	(i) conviction of an offense; and
118	118	(ii) confinement or imprisonment and
119	119	inability to care for the child for not less than two years from the
120	120	date of filing the petition;
121	121	(R) been the cause of the child being born
122	122	addicted to alcohol or a controlled substance, other than a
123	123	controlled substance legally obtained by prescription, as defined
124	124	by Section 261.001;
125	125	(S) voluntarily delivered the child to a
126	126	designated emergency infant care provider under Section 262.302
127	127	without expressing an intent to return for the child; or
128	128	(T) been convicted of:
129	129	(i) the murder of the other parent of the
130	130	child under Section 19.02 or 19.03, Penal Code, or under a law of
131	131	another state, federal law, the law of a foreign country, or the
132	132	Uniform Code of Military Justice that contains elements that are
133	133	substantially similar to the elements of an offense under Section
134	134	19.02 or 19.03, Penal Code;
135	135	(ii) criminal attempt under Section 15.01,
136	136	Penal Code, or under a law of another state, federal law, the law of
137	137	a foreign country, or the Uniform Code of Military Justice that
138	138	contains elements that are substantially similar to the elements of
139	139	an offense under Section 15.01, Penal Code, to commit the offense
140	140	described by Subparagraph (i); or
141	141	(iii) criminal solicitation under Section
142	142	15.03, Penal Code, or under a law of another state, federal law, the
143	143	law of a foreign country, or the Uniform Code of Military Justice
144	144	that contains elements that are substantially similar to the
145	145	elements of an offense under Section 15.03, Penal Code, of the
146	146	offense described by Subparagraph (i); and
147	147	(2) that termination is in the best interest of the
148	148	child.
149	149	SECTION 2. The change in law made by this Act applies only
150	150	to a suit affecting the parent-child relationship filed on or after
151	151	the effective date of this Act. A suit affecting the parent-child
152	152	relationship filed before the effective date of this Act is
153	153	governed by the law in effect on the date the suit was filed, and the
154	154	former law is continued in effect for that purpose.
155	155	SECTION 3. This Act takes effect September 1, 2009.
156	156	______________________________ ______________________________
157	157	President of the Senate Speaker of the House
158	158	I hereby certify that S.B. No. 1838 passed the Senate on
159	159	April 16, 2009, by the following vote: Yeas 31, Nays 0.
160	160	______________________________
161	161	Secretary of the Senate
162	162	I hereby certify that S.B. No. 1838 passed the House on
163	163	May 8, 2009, by the following vote: Yeas 136, Nays 0, two present
164	164	not voting.
165	165	______________________________
166	166	Chief Clerk of the House
167	167	Approved:
168	168	______________________________
169	169	Date
170	170	______________________________
171	171	Governor