Texas 2017 - 85th Regular

Texas House Bill HB1766 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	85R9994 JSC-D
2	2	By: Alvarado, Dale H.B. No. 1766
3	3	Substitute the following for H.B. No. 1766:
4	4	By: Cain C.S.H.B. No. 1766
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to involuntary termination of parental rights based on
10	10	sexual assault of the child's other parent and the child support
11	11	obligations of the parent whose rights were terminated.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Section 154.001(a-1), Family Code, is amended to
14	14	read as follows:
15	15	(a-1) The court may order each person who is financially
16	16	able and whose parental rights have been terminated with respect to
17	17	[either] a child in substitute care for whom the department has been
18	18	appointed managing conservator, a child for a reason described by
19	19	Section 161.001(b)(1)(T)(iv) or (b)(1)(U), or a child who was
20	20	conceived as a direct result of conduct that constitutes an offense
21	21	under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to
22	22	support the child in the manner specified by the order:
23	23	(1) until the earliest of:
24	24	(A) the child's adoption;
25	25	(B) the child's 18th birthday or graduation from
26	26	high school, whichever occurs later;
27	27	(C) removal of the child's disabilities of
28	28	minority by court order, marriage, or other operation of law; or
29	29	(D) the child's death; or
30	30	(2) if the child is disabled as defined in this
31	31	chapter, for an indefinite period.
32	32	SECTION 2. Section 161.001(b), Family Code, is amended to
33	33	read as follows:
34	34	(b) The court may order termination of the parent-child
35	35	relationship if the court finds by clear and convincing evidence:
36	36	(1) that the parent has:
37	37	(A) voluntarily left the child alone or in the
38	38	possession of another not the parent and expressed an intent not to
39	39	return;
40	40	(B) voluntarily left the child alone or in the
41	41	possession of another not the parent without expressing an intent
42	42	to return, without providing for the adequate support of the child,
43	43	and remained away for a period of at least three months;
44	44	(C) voluntarily left the child alone or in the
45	45	possession of another without providing adequate support of the
46	46	child and remained away for a period of at least six months;
47	47	(D) knowingly placed or knowingly allowed the
48	48	child to remain in conditions or surroundings which endanger the
49	49	physical or emotional well-being of the child;
50	50	(E) engaged in conduct or knowingly placed the
51	51	child with persons who engaged in conduct which endangers the
52	52	physical or emotional well-being of the child;
53	53	(F) failed to support the child in accordance
54	54	with the parent's ability during a period of one year ending within
55	55	six months of the date of the filing of the petition;
56	56	(G) abandoned the child without identifying the
57	57	child or furnishing means of identification, and the child's
58	58	identity cannot be ascertained by the exercise of reasonable
59	59	diligence;
60	60	(H) voluntarily, and with knowledge of the
61	61	pregnancy, abandoned the mother of the child beginning at a time
62	62	during her pregnancy with the child and continuing through the
63	63	birth, failed to provide adequate support or medical care for the
64	64	mother during the period of abandonment before the birth of the
65	65	child, and remained apart from the child or failed to support the
66	66	child since the birth;
67	67	(I) contumaciously refused to submit to a
68	68	reasonable and lawful order of a court under Subchapter D, Chapter
69	69	261;
70	70	(J) been the major cause of:
71	71	(i) the failure of the child to be enrolled
72	72	in school as required by the Education Code; or
73	73	(ii) the child's absence from the child's
74	74	home without the consent of the parents or guardian for a
75	75	substantial length of time or without the intent to return;
76	76	(K) executed before or after the suit is filed an
77	77	unrevoked or irrevocable affidavit of relinquishment of parental
78	78	rights as provided by this chapter;
79	79	(L) been convicted or has been placed on
80	80	community supervision, including deferred adjudication community
81	81	supervision, for being criminally responsible for the death or
82	82	serious injury of a child under the following sections of the Penal
83	83	Code, or under a law of another jurisdiction that contains elements
84	84	that are substantially similar to the elements of an offense under
85	85	one of the following Penal Code sections, or adjudicated under
86	86	Title 3 for conduct that caused the death or serious injury of a
87	87	child and that would constitute a violation of one of the following
88	88	Penal Code sections:
89	89	(i) Section 19.02 (murder);
90	90	(ii) Section 19.03 (capital murder);
91	91	(iii) Section 19.04 (manslaughter);
92	92	(iv) Section 21.11 (indecency with a
93	93	child);
94	94	(v) Section 22.01 (assault);
95	95	(vi) Section 22.011 (sexual assault);
96	96	(vii) Section 22.02 (aggravated assault);
97	97	(viii) Section 22.021 (aggravated sexual
98	98	assault);
99	99	(ix) Section 22.04 (injury to a child,
100	100	elderly individual, or disabled individual);
101	101	(x) Section 22.041 (abandoning or
102	102	endangering child);
103	103	(xi) Section 25.02 (prohibited sexual
104	104	conduct);
105	105	(xii) Section 43.25 (sexual performance by
106	106	a child);
107	107	(xiii) Section 43.26 (possession or
108	108	promotion of child pornography);
109	109	(xiv) Section 21.02 (continuous sexual
110	110	abuse of young child or children);
111	111	(xv) Section 20A.02(a)(7) or (8)
112	112	(trafficking of persons); and
113	113	(xvi) Section 43.05(a)(2) (compelling
114	114	prostitution);
115	115	(M) had his or her parent-child relationship
116	116	terminated with respect to another child based on a finding that the
117	117	parent's conduct was in violation of Paragraph (D) or (E) or
118	118	substantially equivalent provisions of the law of another state;
119	119	(N) constructively abandoned the child who has
120	120	been in the permanent or temporary managing conservatorship of the
121	121	Department of Family and Protective Services for not less than six
122	122	months, and:
123	123	(i) the department has made reasonable
124	124	efforts to return the child to the parent;
125	125	(ii) the parent has not regularly visited
126	126	or maintained significant contact with the child; and
127	127	(iii) the parent has demonstrated an
128	128	inability to provide the child with a safe environment;
129	129	(O) failed to comply with the provisions of a
130	130	court order that specifically established the actions necessary for
131	131	the parent to obtain the return of the child who has been in the
132	132	permanent or temporary managing conservatorship of the Department
133	133	of Family and Protective Services for not less than nine months as a
134	134	result of the child's removal from the parent under Chapter 262 for
135	135	the abuse or neglect of the child;
136	136	(P) used a controlled substance, as defined by
137	137	Chapter 481, Health and Safety Code, in a manner that endangered the
138	138	health or safety of the child, and:
139	139	(i) failed to complete a court-ordered
140	140	substance abuse treatment program; or
141	141	(ii) after completion of a court-ordered
142	142	substance abuse treatment program, continued to abuse a controlled
143	143	substance;
144	144	(Q) knowingly engaged in criminal conduct that
145	145	has resulted in the parent's:
146	146	(i) conviction of an offense; and
147	147	(ii) confinement or imprisonment and
148	148	inability to care for the child for not less than two years from the
149	149	date of filing the petition;
150	150	(R) been the cause of the child being born
151	151	addicted to alcohol or a controlled substance, other than a
152	152	controlled substance legally obtained by prescription;
153	153	(S) voluntarily delivered the child to a
154	154	designated emergency infant care provider under Section 262.302
155	155	without expressing an intent to return for the child; [or]
156	156	(T) been convicted of:
157	157	(i) the murder of the other parent of the
158	158	child under Section 19.02 or 19.03, Penal Code, or under a law of
159	159	another state, federal law, the law of a foreign country, or the
160	160	Uniform Code of Military Justice that contains elements that are
161	161	substantially similar to the elements of an offense under Section
162	162	19.02 or 19.03, Penal Code;
163	163	(ii) criminal attempt under Section 15.01,
164	164	Penal Code, or under a law of another state, federal law, the law of
165	165	a foreign country, or the Uniform Code of Military Justice that
166	166	contains elements that are substantially similar to the elements of
167	167	an offense under Section 15.01, Penal Code, to commit the offense
168	168	described by Subparagraph (i); [or]
169	169	(iii) criminal solicitation under Section
170	170	15.03, Penal Code, or under a law of another state, federal law, the
171	171	law of a foreign country, or the Uniform Code of Military Justice
172	172	that contains elements that are substantially similar to the
173	173	elements of an offense under Section 15.03, Penal Code, of the
174	174	offense described by Subparagraph (i); or
175	175	(iv) the sexual assault of the other parent
176	176	of the child under Section 22.011 or 22.021, Penal Code, or under a
177	177	law of another state, federal law, or the Uniform Code of Military
178	178	Justice that contains elements that are substantially similar to
179	179	the elements of an offense under Section 22.011 or 22.021, Penal
180	180	Code; or
181	181	(U) been placed on community supervision,
182	182	including deferred adjudication community supervision, or another
183	183	functionally equivalent form of community supervision or
184	184	probation, for being criminally responsible for the sexual assault
185	185	of the other parent of the child under Section 22.011 or 22.021,
186	186	Penal Code, or under a law of another state, federal law, or the
187	187	Uniform Code of Military Justice that contains elements that are
188	188	substantially similar to the elements of an offense under Section
189	189	22.011 or 22.021, Penal Code; and
190	190	(2) that termination is in the best interest of the
191	191	child.
192	192	SECTION 3. The change in law made by this Act applies only
193	193	to a suit affecting the parent-child relationship filed on or after
194	194	the effective date of this Act. A suit affecting the parent-child
195	195	relationship filed before the effective date of this Act is
196	196	governed by the law in effect on the date the suit was filed, and the
197	197	former law is continued in effect for that purpose.
198	198	SECTION 4. This Act takes effect September 1, 2017.