| 1 | 1 | | By: Leach H.B. No. 2756 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the protection of parental rights. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Chapter 153.002, Family Code, is amended to read |
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| 9 | 9 | | as follows: |
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| 10 | 10 | | Sec. 153.002. THE FUNDAMENTAL RIGHT OF PARENTS AND THE BEST |
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| 11 | 11 | | INTEREST OF CHILDREN. (a) It is the public policy of this state, in |
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| 12 | 12 | | a suit between a parent and a non-parent, to recognize that in order |
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| 13 | 13 | | to preserve the best interests of Texas children and families the |
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| 14 | 14 | | state may not inject itself into the private realm of the family to |
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| 15 | 15 | | interfere with the right and the high duty of parents to raise their |
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| 16 | 16 | | children without first overcoming the presumption that a parent is |
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| 17 | 17 | | fit and that a fit parent acts in the best interests of their child; |
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| 18 | 18 | | (b) The best interest of the child shall always be the |
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| 19 | 19 | | primary consideration of the court in determining the issues of |
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| 20 | 20 | | conservatorship and possession of and access to the child; |
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| 21 | 21 | | (c) The fundamental right of parents to raise their children |
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| 22 | 22 | | includes but is not limited to the right to direct the care, |
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| 23 | 23 | | custody, control, education, upbringing, moral and religious |
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| 24 | 24 | | training, and health care of their child; |
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| 25 | 25 | | (d) A fit parent is one who adequately cares for his or her |
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| 26 | 26 | | children; |
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| 27 | 27 | | (e) In a suit between a parent and a non-parent: |
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| 28 | 28 | | (1) Neither the State of Texas nor any political |
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| 29 | 29 | | subdivision of this state may restrict or interfere with a parent's |
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| 30 | 30 | | fundamental right to raise their children unless it is demonstrated |
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| 31 | 31 | | that the restriction or interference is both: |
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| 32 | 32 | | (A) essential to further a compelling |
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| 33 | 33 | | governmental interest; and |
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| 34 | 34 | | (B) narrowly tailored to accomplish the |
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| 35 | 35 | | compelling governmental interest; |
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| 36 | 36 | | (2) A court in this state may not interfere with the |
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| 37 | 37 | | fundamental right of parents to raise their children simply because |
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| 38 | 38 | | the court believes a better decision could be made. Before a court |
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| 39 | 39 | | may interfere with the fundamental right of parents to raise their |
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| 40 | 40 | | children, the court must first overcome the presumption that the |
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| 41 | 41 | | parent is fit and that a fit parent acts in the best interests of |
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| 42 | 42 | | their child. Any restriction on or interference by a court with a |
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| 43 | 43 | | parent's fundamental right must be supported by a finding that: |
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| 44 | 44 | | (A) the parent is unfit; or |
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| 45 | 45 | | (B) the interference is necessary to prevent a |
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| 46 | 46 | | significant impairment of the child's physical health or emotional |
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| 47 | 47 | | well being; |
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| 48 | 48 | | (f) Nothing in this section shall be construed to limit |
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| 49 | 49 | | the |
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| 50 | 50 | | right of the state to investigate or act upon a report of child |
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| 51 | 51 | | abuse or neglect allegedly committed by a person responsible for a |
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| 52 | 52 | | child's care, custody, or welfare beyond the limitations already |
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| 53 | 53 | | required by the United States Constitution. |
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