Texas House Bill HB3297

Texas 2017 - 85th Regular

Caption

Relating to certain suits affecting the parent-child relationship.

Impact

In addition to revising jury instructions, HB 3297 mandates that courts cannot evaluate a parent's suitability based solely on certain criteria, including homeschooling decisions, choices regarding immunizations, and non-violent misdemeanor charges. This restriction seeks to protect parental rights from being evaluated on potentially unfair or irrelevant grounds. By placing such protections, the bill potentially influences the outcomes of custody and child welfare cases, empowering parents against the state and its agencies.

Summary

House Bill 3297 addresses matters related to the parent-child relationship, particularly focusing on procedures for termination of parental rights. The bill amends multiple sections of the Texas Family Code to ensure that courts are not permitted to issue broad-form questions to juries regarding the termination of parent-child relationships. Instead, juries must specify which grounds for termination are supported by the evidence presented during the trials. This change aims to uphold due process and give parents clearer recourse during such serious legal proceedings.

Contention

The bill’s provisions may evoke debate amongst legal experts and child welfare advocates regarding the balance of parental rights and the state’s duty to protect children. Critics may argue that by narrowing the bases on which a parent can be deemed unfit, the bill could complicate the efforts of child protective services in cases where children's safety is at stake. Conversely, supporters will likely contend that the bill strengthens the legal framework for families and curtails unjust state interventions that disrupt familial bonds without substantial justification.