S.B. No. 429
AN ACT
relating to the dismissal or nonsuit of a suit to terminate the
parent-child relationship filed by the Department of Family and
Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 263, Family Code, is
amended to read as follows:
CHAPTER 263. REVIEW OF PLACEMENT OF CHILDREN UNDER CARE OF
DEPARTMENT OF FAMILY AND PROTECTIVE [AND REGULATORY] SERVICES
SECTION 2. Subchapter E, Chapter 263, Family Code, is
amended by adding Section 263.408 to read as follows:
Sec. 263.408. REQUIREMENTS BEFORE DISMISSAL OR NONSUIT.
(a) Before approving a dismissal or nonsuit of a suit to terminate
the parent-child relationship filed by the department, the court
shall consider:
(1) whether the dismissal or nonsuit is in the best
interest of each child affected by the suit; and
(2) whether any orders for the conservatorship,
possession of or access to, or support of each child affected by the
suit continue in effect after the dismissal or nonsuit.
(b) Before approving a dismissal or nonsuit of a suit to
terminate the parent-child relationship filed by the department,
the court may render an order for the conservatorship, possession
of or access to, or support of each child affected by the suit that
will continue in effect after the dismissal or nonsuit of the suit
to terminate the parent-child relationship.
SECTION 3. Section 263.408, Family Code, as added by this
Act, applies 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 4. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 429 passed the Senate on
March 13, 2013, by the following vote: Yeas 31, Nays 0; and that
the Senate concurred in House amendment on May 25, 2013, by the
following vote: Yeas 30, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 429 passed the House, with
amendment, on May 22, 2013, by the following vote: Yeas 148,
Nays 0, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor