85R19712 MK-D
By: Ortega, Wu, Frank H.B. No. 1410
Substitute the following for H.B. No. 1410:
By: Dutton C.S.H.B. No. 1410
A BILL TO BE ENTITLED
AN ACT
relating to the ability of foster parents to intervene in certain
suits affecting the parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.004, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) An original suit requesting possessory conservatorship
may not be filed by a grandparent or other person. However, the
court may grant a grandparent or other person, subject to the
requirements of Subsection (b-1) if applicable, deemed by the court
to have had substantial past contact with the child leave to
intervene in a pending suit filed by a person authorized to do so
under this chapter [subchapter] if there is satisfactory proof to
the court that appointment of a parent as a sole managing
conservator or both parents as joint managing conservators would
significantly impair the child's physical health or emotional
development.
(b-1) A foster parent may only be granted leave to intervene
under Subsection (b) if the foster parent would have standing to
file an original suit as provided by Section 102.003(a)(12).
SECTION 2. The changes in law made by this Act apply only to
an original suit affecting the parent-child relationship filed on
or after the effective date of this Act. An original suit affecting
the parent-child relationship filed before the effective date of
this Act is subject to the law in effect at the time the suit was
filed, and the former law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2017.