Texas 2015 - 84th Regular

Texas Senate Bill SB1014 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R2154 JSC-F
2	2	By: Rodríguez S.B. No. 1014
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the possession of and access to a child in a suit
8	8	affecting the parent-child relationship in which there is evidence
9	9	of family violence, child abuse or neglect, or the sexual assault of
10	10	one parent by the other parent.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 153.004, Family Code, is amended to read
13	13	as follows:
14	14	Sec. 153.004. PATTERN [HISTORY] OF FAMILY [DOMESTIC]
15	15	VIOLENCE OR CHILD [SEXUAL] ABUSE OR NEGLECT. (a) In this section:
16	16	(1) "Child abuse or neglect" has the meaning assigned
17	17	to the terms "abuse" and "neglect" by Section 261.001.
18	18	(2) "Family violence" has the meaning assigned by
19	19	Section 71.004.
20	20	(a-1) In determining whether to appoint a party as the [a]
21	21	sole managing conservator or a joint managing conservator of a
22	22	child, the court shall consider evidence that in the [of the
23	23	intentional use of abusive physical force, or evidence of sexual
24	24	abuse, by a party directed against the party's spouse, a parent of
25	25	the child, or any person younger than 18 years of age committed
26	26	within a] two-year period preceding the filing of the suit or during
27	27	the pendency of the suit the party:
28	28	(1) engaged in family violence or child abuse or
29	29	neglect; or
30	30	(2) was subject to a protective order entered under
31	31	Chapter 85 in which the protected person was not the child, the
32	32	other party, or a member of the party's family or household.
33	33	(b) Except as provided by Subsection (b-1), the [The] court
34	34	may not appoint a party as the sole managing conservator or a joint
35	35	managing conservator of a child [conservators] if credible evidence
36	36	is presented to the court that in the two-year period preceding the
37	37	date of the filing of the suit or during the pendency of the suit the
38	38	party:
39	39	(1) engaged in a [history or] pattern of family
40	40	violence [past] or [present] child abuse or neglect; [,] or
41	41	(2) was subject to a protective order entered under
42	42	Chapter 85 in which the protected person was the child, the other
43	43	party, or a member of the party's family or household [physical or
44	44	sexual abuse by one parent directed against the other parent, a
45	45	spouse, or a child, including a sexual assault in violation of
46	46	Section 22.011 or 22.021, Penal Code, that results in the other
47	47	parent becoming pregnant with the child. A history of sexual abuse
48	48	includes a sexual assault that results in the other parent becoming
49	49	pregnant with the child, regardless of the prior relationship of
50	50	the parents. It is a rebuttable presumption that the appointment of
51	51	a parent as the sole managing conservator of a child or as the
52	52	conservator who has the exclusive right to determine the primary
53	53	residence of a child is not in the best interest of the child if
54	54	credible evidence is presented of a history or pattern of past or
55	55	present child neglect, or physical or sexual abuse by that parent
56	56	directed against the other parent, a spouse, or a child].
57	57	(b-1) If the court finds that both parties have engaged in
58	58	conduct described by Subsection (b)(1) or were subject to a
59	59	protective order described by Subsection (b)(2) in the two-year
60	60	period preceding the date of the filing of the suit or during the
61	61	pendency of the suit, the court may appoint a party as sole managing
62	62	conservator or both parties as joint managing conservators if the
63	63	court finds that the appointment:
64	64	(1) does not endanger the child's physical health or
65	65	emotional welfare; and
66	66	(2) is in the best interest of the child.
67	67	(b-2) If the court appoints a party as sole managing
68	68	conservator or both parties as joint managing conservators under
69	69	Subsection (b-1), the court may render any appropriate order
70	70	designed to protect the safety and well-being of the child, another
71	71	party, or any other person in the family or household of a party. An
72	72	order under this subsection may include a requirement that:
73	73	(1) the exchange of possession of the child occur in a
74	74	protective setting;
75	75	(2) the conservator abstain from consuming alcohol or
76	76	a controlled substance, as defined by Chapter 481, Health and
77	77	Safety Code, beginning 12 hours before and during the period of
78	78	possession of or access to the child; or
79	79	(3) the conservator attend and complete a battering
80	80	intervention and prevention program as provided by Article 42.141,
81	81	Code of Criminal Procedure, or, if such a program is not available,
82	82	complete a course of treatment under Section 153.010.
83	83	(c) In [The court shall consider the commission of family
84	84	violence or sexual abuse in] determining whether to deny, restrict,
85	85	or limit the possession of or access to a child, the court shall
86	86	consider evidence of whether the party engaged in conduct described
87	87	by Subsection (a-1)(1) or whether a protective order described by
88	88	Subsection (a-1)(2) was entered against the party in the two-year
89	89	period preceding the date of the filing of the suit or during the
90	90	pendency of the suit [by a parent who is appointed as a possessory
91	91	conservator].
92	92	(d) Except as provided by Subsection (d-1), the [The] court
93	93	may not allow a parent to have access to a child if credible [for
94	94	whom it is shown by a preponderance of the] evidence is presented to
95	95	the court that the party engaged in conduct described by Subsection
96	96	(b)(1) or a protective order described by Subsection (b)(2) was
97	97	entered against the party in the two-year period [that:
98	98	[(1) there is a history or pattern of committing
99	99	family violence during the two years] preceding the date of the
100	100	filing of the suit or during the pendency of the suit[; or
101	101	[(2) the parent engaged in conduct that constitutes an
102	102	offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code,
103	103	and that as a direct result of the conduct, the victim of the
104	104	conduct became pregnant with the parent's child].
105	105	(d-1) The [Notwithstanding Subsection (d), the] court may
106	106	allow a party who engaged in conduct described by Subsection (b)(1)
107	107	or was subject to a protective order described by Subsection (b)(2)
108	108	[parent] to have access to a child if the court:
109	109	(1) finds that awarding the party periods of
110	110	possession of or [parent] access to the child does [would] not
111	111	endanger the child's physical health or emotional welfare and is
112	112	[would be] in the best interest of the child; and
113	113	(2) renders a possession order that is designed to
114	114	protect the safety and well-being of the child, another party, or
115	115	[and] any other person in the family or household of a party [who
116	116	has been a victim of family violence committed by the parent] and
117	117	that may include a requirement that:
118	118	(A) the periods of access be continuously
119	119	supervised by an entity or person chosen by the court;
120	120	(B) the exchange of possession of the child occur
121	121	in a protective setting;
122	122	(C) the party [parent] abstain from consuming
123	123	[the consumption of] alcohol or a controlled substance, as defined
124	124	by Chapter 481, Health and Safety Code, beginning [within] 12 hours
125	125	before and [prior to or] during the period of possession of or
126	126	access to the child; or
127	127	(D) the party [parent] attend and complete a
128	128	battering intervention and prevention program as provided by
129	129	Article 42.141, Code of Criminal Procedure, or, if such a program is
130	130	not available, complete a course of treatment under Section
131	131	153.010.
132	132	(e) It is a rebuttable presumption that it is not in the best
133	133	interest of a child for a party [parent] to have unsupervised
134	134	possession of or access to [visitation with] the child if credible
135	135	evidence is presented that the party engaged in conduct described
136	136	by Subsection (b)(1) or was subject to a protective order described
137	137	by Subsection (b)(2) [of a history or pattern of past or present
138	138	child neglect or physical or sexual abuse by that parent directed
139	139	against the other parent, a spouse, or a child].
140	140	(f) The rendering by the court of an order awarding a party
141	141	conservatorship of or possession of or access to a child does not
142	142	prevent the court from ordering a party to perform other parental
143	143	duties, including paying child support [In determining under this
144	144	section whether there is credible evidence of a history or pattern
145	145	of past or present child neglect or physical or sexual abuse by a
146	146	parent directed against the other parent, a spouse, or a child, the
147	147	court shall consider whether a protective order was rendered under
148	148	Chapter 85, Title 4, against the parent during the two-year period
149	149	preceding the filing of the suit or during the pendency of the
150	150	suit].
151	151	SECTION 2. Subchapter A, Chapter 153, Family Code, is
152	152	amended by adding Section 153.0041 to read as follows:
153	153	Sec. 153.0041. SEXUAL ABUSE OR ASSAULT RESULTING IN
154	154	PREGNANCY. (a) The court may not appoint a parent as the sole
155	155	managing conservator, a joint managing conservator, or a possessory
156	156	conservator or allow a parent to have possession of or access to a
157	157	child if the court finds that a parent has engaged in conduct that
158	158	constitutes an offense under Section 21.02, 22.011, or 22.021,
159	159	Penal Code, and the victim of the conduct became pregnant with the
160	160	child of that parent, unless the court finds that the denial of the
161	161	appointment of conservatorship or possession of or access to the
162	162	child is not in the best interest of the child.
163	163	(b) In appointing a parent who has engaged in conduct that
164	164	constitutes an offense under Section 21.02, 22.011, or 22.021,
165	165	Penal Code, as a conservator of a child or allowing that parent
166	166	possession of or access to the child, the court may render any
167	167	appropriate order designed to protect the safety and well-being of
168	168	the child and the parent who was the victim of the conduct
169	169	constituting the offense.
170	170	(c) The rendering by the court of an order awarding a parent
171	171	conservatorship of or possession of or access to the child does not
172	172	prevent the court from ordering the parent who engaged in conduct
173	173	that constitutes an offense under Section 21.02, 22.011, or 22.021,
174	174	Penal Code, to perform other parental duties, including paying
175	175	child support.
176	176	(d) This section does not apply to the conservatorship of a
177	177	child or possession of or access to a child if the parent that
178	178	engaged in the conduct that constitutes an offense under Section
179	179	21.02, 22.011, or 22.021, Penal Code, was the spouse of the victim
180	180	or had a dating relationship with the victim, as that term is
181	181	defined by Section 71.0021(b), before the child was born and that
182	182	relationship continued following the birth of the child.
183	183	SECTION 3. Section 153.131(a), Family Code, is amended to
184	184	read as follows:
185	185	(a) Subject to the prohibitions [prohibition] in Sections
186	186	[Section] 153.004 and 153.0041, unless the court finds that
187	187	appointment of the parent or parents would not be in the best
188	188	interest of the child because the appointment would significantly
189	189	impair the child's physical health or emotional development, a
190	190	parent shall be appointed sole managing conservator or both parents
191	191	shall be appointed as joint managing conservators of the child.
192	192	SECTION 4. The change in law made by this Act applies to a
193	193	suit affecting the parent-child relationship that is pending in a
194	194	trial court on or filed on or after the effective date of this Act.
195	195	SECTION 5. This Act takes effect September 1, 2015.