Texas Senate Bill SB1490

Texas 2011 - 82nd Regular

• Out of Senate Committee: 4/7/11
• Voted on by Senate: 4/12/11
• Out of House Committee: 4/27/11
• Voted on by House: 5/5/11
• Governor Action: 5/19/11
• Report Pass: 4/20/11
• Enrolled: 5/6/11
• Passed: 5/19/11

Caption

Relating to the recording of proceedings and the issuance of a warrant to take physical custody of a child in certain suits affecting the parent-child relationship; creating an offense.

Impact

One of the notable implications of SB1490 is its emphasis on the judicial process involved in international child custody cases. By requiring detailed records during proceedings and specific conditions that must be met when placing a child with a parent or family member, the bill seeks to ensure that such decisions are made with a thorough understanding of both legal and humanitarian considerations. This could lead to enhanced protections for children in precarious situations and promote adherence to international treaties aimed at preventing child abduction.

Summary

Senate Bill 1490 aims to amend the Texas Family Code by establishing protocols for the recording of proceedings in cases related to child custody determinations made in foreign countries, particularly addressing enforcement under the Hague Convention on the Civil Aspects of International Child Abduction. This bill introduces specific requirements for the issuance of warrants to take physical custody of children, ensuring immediate action by law enforcement in cases involving imminent serious physical harm, while also providing for the safe interim placement of the child pending further court orders.

Contention

Discussions surrounding SB1490 might involve concerns over the balance between swift law enforcement action and the rights of parents, especially when custody decisions pertain to foreign jurisdictional issues. Some critics may argue that the requirement for parents or family members to have significant ties to Texas could complicate enforcement actions and create additional hurdles in urgent situations. Furthermore, the creation of a felony offense for making false statements regarding foreign custody determinations may raise legal and ethical questions about definitions and enforcement standards.