Texas Senate Bill SB1838

Texas 2009 - 81st Regular

• Out of Senate Committee: 4/14/09
• Voted on by Senate: 4/16/09
• Out of House Committee: 5/7/09
• Voted on by House: 5/8/09
• Governor Action: 5/20/09
• Enrolled: 5/11/09
• Passed: 5/20/09

Caption

Relating to involuntary termination of parental rights based on attempted murder or solicitation of murder of the child's other parent.

Impact

By allowing the courts to terminate parental rights under these specified circumstances, SB1838 seeks to strengthen protections for children. The bill underscores the state's commitment to intervening in cases where a parent's behavior poses a legitimate threat to the child's safety and affects custody and parenting arrangements. It also aligns Texas law more closely with similar legislation in other states, where the focus on violent crimes against a co-parent has led to more stringent measures for safeguarding children.

Summary

Senate Bill 1838 aims to amend the Family Code in Texas regarding the involuntary termination of parental rights. The bill introduces specific provisions that allow for the termination of a parent's rights if the court finds clear and convincing evidence of the parent's involvement in the attempted murder or solicitation of murder of the child's other parent. This significant amendment is intended to protect children from situations where a parent poses a clear danger due to such extreme actions, ensuring that their welfare and safety are prioritized in legal proceedings.

Contention

During discussions surrounding the bill, some lawmakers expressed concerns about the implications of such a law. One point of contention highlighted was the need for clear definitions and standards of proof when determining what constitutes sufficient evidence for termination under these circumstances. Critics argued that without careful consideration, there could be risks of wrongful termination of parental rights based on allegations without adequate substantiation, leading to potential legal and emotional ramifications for families involved.

Notable_points

Furthermore, supporters of SB1838 emphasized its importance for the safety of children who may be caught in volatile domestic situations. The bill seeks to ensure that those who have demonstrated a propensity for violence against a co-parent cannot exert influence or claim custody over a child, alleging that the welfare of the child must be guarded against parents who might continue harmful behaviors. The passage of SB1838 is viewed as a step forward in the state’s ongoing efforts to modernize family law and increase protections for vulnerable children.