By: Nelson S.B. No. 429
(In the Senate - Filed February 7, 2013; February 13, 2013,
read first time and referred to Committee on Health and Human
Services; February 26, 2013, reported favorably by the following
vote: Yeas 9, Nays 0; February 26, 2013, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the dismissal or nonsuit of a suit to terminate the
parent-child relationship filed by a governmental entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.203, Family Code, is amended to read
as follows:
Sec. 161.203. DISMISSAL OF PETITION. (a) A suit to
terminate may not be dismissed nor may a nonsuit be taken unless the
dismissal or nonsuit is approved by the court. The dismissal or
nonsuit approved by the court is without prejudice.
(b) Before approving a dismissal or nonsuit of a suit filed
by a governmental entity to terminate the parent-child
relationship, the court must consider:
(1) whether any child support, visitation, or other
orders affecting the child continue in effect after the dismissal;
and
(2) whether the dismissal is in the best interest of
each child affected by the suit.
(c) The court shall ensure that a final order dismissing a
suit filed by a governmental entity to terminate the parent-child
relationship includes appropriate orders for continued child
support, visitation, or other orders the court determines are
necessary and in the best interest of the child.
SECTION 2. Subsections (b) and (c), Section 161.203, Family
Code, as added by this Act, apply only to a motion for the dismissal
or nonsuit of a suit to terminate the parent-child relationship
that is made on or after the effective date of this Act.
SECTION 3. This Act takes effect September 1, 2013.
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