Texas House Bill HB691

Texas 2017 - 85th Regular

• Filed: 12/21/16

Caption

Relating to a court's temporary extended jurisdiction over certain suits affecting the parent-child relationship.

Impact

The implications of HB691 are significant in terms of child welfare and family law. By allowing courts to maintain jurisdiction over cases that might otherwise be dismissed, the legislation aims to ensure that child welfare is prioritized, particularly when a parent is working through a service plan necessary for reunification. This potentially allows for more tailored and continuous oversight of cases, rather than abrupt ends to judicial supervision when certain procedural benchmarks are not met.

Summary

House Bill 691 seeks to amend the Family Code concerning a court's temporary extended jurisdiction over suits that impact the parent-child relationship. The bill creates provisions that allow a court to retain jurisdiction and not dismiss a suit even when it would typically be required to do so. This is contingent on the court issuing a temporary order that determines retaining jurisdiction is in the best interest of the child involved. Such orders could include instructions for returning the child to a parent or facilitating the transition from substitute care under certain conditions.

Contention

Notably, the bill addresses the delicate balance between parental rights and child safety. While proponents may argue that this amendment safeguards children's welfare by allowing courts the discretion to retain jurisdiction longer, critics may view it as an encroachment on parental rights. The nuance in determining what constitutes 'the best interest of the child' may also lead to case-by-case variability and potential disputes regarding the interpretation of the law, leaving room for contention among judicial interpretations.