Texas 2017 - 85th Regular

Texas Senate Bill SB77 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Nelson, et al. S.B. No. 77
2		-	(Alvarado)
	1	+	S.B. No. 77
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to involuntary termination of parental rights based on
8	6		sexual assault of the child's other parent and the child support
9	7		obligations of the parent whose rights were terminated.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 154.001(a-1), Family Code, is amended to
12	10		read as follows:
13	11		(a-1) The court may order each person who is financially
14	12		able and whose parental rights have been terminated with respect to
15	13		[either] a child in substitute care for whom the department has been
16	14		appointed managing conservator, a child for a reason described by
17	15		Section 161.001(b)(1)(T)(iv) or (b)(1)(U), or a child who was
18	16		conceived as a direct result of conduct that constitutes an offense
19	17		under Section 21.02, 22.011, 22.021, or 25.02, Penal Code, to
20	18		support the child in the manner specified by the order:
21	19		(1) until the earliest of:
22	20		(A) the child's adoption;
23	21		(B) the child's 18th birthday or graduation from
24	22		high school, whichever occurs later;
25	23		(C) removal of the child's disabilities of
26	24		minority by court order, marriage, or other operation of law; or
27	25		(D) the child's death; or
28	26		(2) if the child is disabled as defined in this
29	27		chapter, for an indefinite period.
30	28		SECTION 2. Section 161.001(b), Family Code, is amended to
31	29		read as follows:
32	30		(b) The court may order termination of the parent-child
33	31		relationship if the court finds by clear and convincing evidence:
34	32		(1) that the parent has:
35	33		(A) voluntarily left the child alone or in the
36	34		possession of another not the parent and expressed an intent not to
37	35		return;
38	36		(B) voluntarily left the child alone or in the
39	37		possession of another not the parent without expressing an intent
40	38		to return, without providing for the adequate support of the child,
41	39		and remained away for a period of at least three months;
42	40		(C) voluntarily left the child alone or in the
43	41		possession of another without providing adequate support of the
44	42		child and remained away for a period of at least six months;
45	43		(D) knowingly placed or knowingly allowed the
46	44		child to remain in conditions or surroundings which endanger the
47	45		physical or emotional well-being of the child;
48	46		(E) engaged in conduct or knowingly placed the
49	47		child with persons who engaged in conduct which endangers the
50	48		physical or emotional well-being of the child;
51	49		(F) failed to support the child in accordance
52	50		with the parent's ability during a period of one year ending within
53	51		six months of the date of the filing of the petition;
54	52		(G) abandoned the child without identifying the
55	53		child or furnishing means of identification, and the child's
56	54		identity cannot be ascertained by the exercise of reasonable
57	55		diligence;
58	56		(H) voluntarily, and with knowledge of the
59	57		pregnancy, abandoned the mother of the child beginning at a time
60	58		during her pregnancy with the child and continuing through the
61	59		birth, failed to provide adequate support or medical care for the
62	60		mother during the period of abandonment before the birth of the
63	61		child, and remained apart from the child or failed to support the
64	62		child since the birth;
65	63		(I) contumaciously refused to submit to a
66	64		reasonable and lawful order of a court under Subchapter D, Chapter
67	65		261;
68	66		(J) been the major cause of:
69	67		(i) the failure of the child to be enrolled
70	68		in school as required by the Education Code; or
71	69		(ii) the child's absence from the child's
72	70		home without the consent of the parents or guardian for a
73	71		substantial length of time or without the intent to return;
74	72		(K) executed before or after the suit is filed an
75	73		unrevoked or irrevocable affidavit of relinquishment of parental
76	74		rights as provided by this chapter;
77	75		(L) been convicted or has been placed on
78	76		community supervision, including deferred adjudication community
79	77		supervision, for being criminally responsible for the death or
80	78		serious injury of a child under the following sections of the Penal
81	79		Code, or under a law of another jurisdiction that contains elements
82	80		that are substantially similar to the elements of an offense under
83	81		one of the following Penal Code sections, or adjudicated under
84	82		Title 3 for conduct that caused the death or serious injury of a
85	83		child and that would constitute a violation of one of the following
86	84		Penal Code sections:
87	85		(i) Section 19.02 (murder);
88	86		(ii) Section 19.03 (capital murder);
89	87		(iii) Section 19.04 (manslaughter);
90	88		(iv) Section 21.11 (indecency with a
91	89		child);
92	90		(v) Section 22.01 (assault);
93	91		(vi) Section 22.011 (sexual assault);
94	92		(vii) Section 22.02 (aggravated assault);
95	93		(viii) Section 22.021 (aggravated sexual
96	94		assault);
97	95		(ix) Section 22.04 (injury to a child,
98	96		elderly individual, or disabled individual);
99	97		(x) Section 22.041 (abandoning or
100	98		endangering child);
101	99		(xi) Section 25.02 (prohibited sexual
102	100		conduct);
103	101		(xii) Section 43.25 (sexual performance by
104	102		a child);
105	103		(xiii) Section 43.26 (possession or
106	104		promotion of child pornography);
107	105		(xiv) Section 21.02 (continuous sexual
108	106		abuse of young child or children);
109	107		(xv) Section 20A.02(a)(7) or (8)
110	108		(trafficking of persons); and
111	109		(xvi) Section 43.05(a)(2) (compelling
112	110		prostitution);
113	111		(M) had his or her parent-child relationship
114	112		terminated with respect to another child based on a finding that the
115	113		parent's conduct was in violation of Paragraph (D) or (E) or
116	114		substantially equivalent provisions of the law of another state;
117	115		(N) constructively abandoned the child who has
118	116		been in the permanent or temporary managing conservatorship of the
119	117		Department of Family and Protective Services for not less than six
120	118		months, and:
121	119		(i) the department has made reasonable
122	120		efforts to return the child to the parent;
123	121		(ii) the parent has not regularly visited
124	122		or maintained significant contact with the child; and
125	123		(iii) the parent has demonstrated an
126	124		inability to provide the child with a safe environment;
127	125		(O) failed to comply with the provisions of a
128	126		court order that specifically established the actions necessary for
129	127		the parent to obtain the return of the child who has been in the
130	128		permanent or temporary managing conservatorship of the Department
131	129		of Family and Protective Services for not less than nine months as a
132	130		result of the child's removal from the parent under Chapter 262 for
133	131		the abuse or neglect of the child;
134	132		(P) used a controlled substance, as defined by
135	133		Chapter 481, Health and Safety Code, in a manner that endangered the
136	134		health or safety of the child, and:
137	135		(i) failed to complete a court-ordered
138	136		substance abuse treatment program; or
139	137		(ii) after completion of a court-ordered
140	138		substance abuse treatment program, continued to abuse a controlled
141	139		substance;
142	140		(Q) knowingly engaged in criminal conduct that
143	141		has resulted in the parent's:
144	142		(i) conviction of an offense; and
145	143		(ii) confinement or imprisonment and
146	144		inability to care for the child for not less than two years from the
147	145		date of filing the petition;
148	146		(R) been the cause of the child being born
149	147		addicted to alcohol or a controlled substance, other than a
150	148		controlled substance legally obtained by prescription;
151	149		(S) voluntarily delivered the child to a
152	150		designated emergency infant care provider under Section 262.302
153	151		without expressing an intent to return for the child; [or]
154	152		(T) been convicted of:
155	153		(i) the murder of the other parent of the
156	154		child under Section 19.02 or 19.03, Penal Code, or under a law of
157	155		another state, federal law, the law of a foreign country, or the
158	156		Uniform Code of Military Justice that contains elements that are
159	157		substantially similar to the elements of an offense under Section
160	158		19.02 or 19.03, Penal Code;
161	159		(ii) criminal attempt under Section 15.01,
162	160		Penal Code, or under a law of another state, federal law, the law of
163	161		a foreign country, or the Uniform Code of Military Justice that
164	162		contains elements that are substantially similar to the elements of
165	163		an offense under Section 15.01, Penal Code, to commit the offense
166	164		described by Subparagraph (i); [or]
167	165		(iii) criminal solicitation under Section
168	166		15.03, Penal Code, or under a law of another state, federal law, the
169	167		law of a foreign country, or the Uniform Code of Military Justice
170	168		that contains elements that are substantially similar to the
171	169		elements of an offense under Section 15.03, Penal Code, of the
172	170		offense described by Subparagraph (i); or
173	171		(iv) the sexual assault of the other parent
174	172		of the child under Section 22.011 or 22.021, Penal Code, or under a
175	173		law of another state, federal law, or the Uniform Code of Military
176	174		Justice that contains elements that are substantially similar to
177	175		the elements of an offense under Section 22.011 or 22.021, Penal
178	176		Code; or
179	177		(U) been placed on community supervision,
180	178		including deferred adjudication community supervision, or another
181	179		functionally equivalent form of community supervision or
182	180		probation, for being criminally responsible for the sexual assault
183	181		of the other parent of the child under Section 22.011 or 22.021,
184	182		Penal Code, or under a law of another state, federal law, or the
185	183		Uniform Code of Military Justice that contains elements that are
186	184		substantially similar to the elements of an offense under Section
187	185		22.011 or 22.021, Penal Code; and
188	186		(2) that termination is in the best interest of the
189	187		child.
190	188		SECTION 3. The change in law made by this Act applies only
191	189		to a suit affecting the parent-child relationship filed on or after
192	190		the effective date of this Act. A suit affecting the parent-child
193	191		relationship filed before the effective date of this Act is
194	192		governed by the law in effect on the date the suit was filed, and the
195	193		former law is continued in effect for that purpose.
196	194		SECTION 4. This Act takes effect September 1, 2017.
	195	+	______________________________ ______________________________
	196	+	President of the Senate Speaker of the House
	197	+	I hereby certify that S.B. No. 77 passed the Senate on
	198	+	April 3, 2017, by the following vote: Yeas 31, Nays 0.
	199	+	______________________________
	200	+	Secretary of the Senate
	201	+	I hereby certify that S.B. No. 77 passed the House on
	202	+	May 8, 2017, by the following vote: Yeas 145, Nays 0, two present
	203	+	not voting.
	204	+	______________________________
	205	+	Chief Clerk of the House
	206	+	Approved:
	207	+	______________________________
	208	+	Date
	209	+	______________________________
	210	+	Governor