Texas House Bill HB1780

Texas 2019 - 86th Regular

Caption

Relating to the mandatory dismissal date of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.

Impact

The legislation targets the intersection of family law and substance abuse treatment, aiming to ensure that parents have a fair chance to rectify their situations and reunite with their children. By emphasizing the importance of good faith efforts in completing treatment, HB1780 seeks to steer judicial outcomes toward supporting rehabilitation rather than punitive measures. This could lead to changes in how courts interpret and enforce custody arrangements, potentially enhancing outcomes for families impacted by substance abuse.

Summary

House Bill 1780 aims to amend the Family Code to address the mandatory dismissal date of certain suits affecting the parent-child relationship, specifically those involving the Department of Family and Protective Services (DFPS). Notably, the bill introduces new considerations for courts when determining whether extraordinary circumstances justify extending the temporary managing conservatorship of a child whose parent is ordered to complete a substance abuse treatment program. Under the new provisions, courts must evaluate whether the parent has made a good faith effort to successfully fulfill the treatment requirements before deciding to keep a child under DFPS's temporary custody for an extended period.

Sentiment

The sentiment surrounding HB1780 appears to be generally positive among legislators, as it was passed with unanimous support in both the House and Senate. The bill reflects a growing recognition of the need for compassion and support in the context of family law, particularly regarding parents struggling with addiction. Nonetheless, some discussions may highlight concerns from advocacy groups about the efficacy of state intervention and the need for comprehensive support services for families.

Contention

While HB1780 has been characterized as a progressive step forward, there may be contention regarding its implementation and the effectiveness of its focus on good faith efforts. Critics may argue that the bill does not adequately address the need for systemic support for parents in recovery or the potential for judicial bias in evaluating a parent's good faith efforts. Furthermore, there could be discussions around the bill's impact on the welfare of children and whether the emphasis on parental rights might inadvertently compromise children's safety in some cases.