Texas 2019 - 86th Regular

Texas House Bill HB3331

Caption

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

Impact

This legislation has significant implications for state laws surrounding family law and child welfare. One of the core components of HB 3331 is the prohibition of considering certain factors—such as the parent’s economic status, their choice to homeschool, or their use of low-THC cannabis—when determining the best interest of the child in custody cases. By restricting the evidence that can be introduced in court, the bill aims to protect families from potential biases that could unjustly influence court decisions regarding child custody and welfare matters.

Summary

House Bill 3331 was introduced to amend procedures and grounds regarding the termination of the parent-child relationship in Texas. This bill focuses on how courts handle cases involving child custody, especially where the Department of Family and Protective Services (DFPS) is involved. Key sections of the Family Code are amended to clarify the factors that can and cannot be considered during such proceedings, thereby altering how parental rights and responsibilities are evaluated by the judiciary under these sensitive circumstances.

Sentiment

The sentiment surrounding HB 3331 appears to be mixed among stakeholders. Proponents argue that the bill provides necessary protections for parents against arbitrary judgments that could arise from non-relevant personal choices or circumstances, thereby promoting fairer custody hearings. However, critics express concern that removing certain considerations from the court process might inhibit the judiciary's ability to fully assess the welfare of children in delicate situations, potentially leaving gaps in protection against neglect or abuse.

Contention

Points of contention surrounding HB 3331 mainly revolve around the implications of restricting evidence considered by the court in custody cases. Opponents fear that this could lead to dangerous situations wherein critical factors related to a child's safety or well-being are overlooked. Supporters, on the other hand, emphasize the importance of ensuring a fair process for parents and argue that the court should not penalize parents for lifestyle choices that do not directly endanger their children. This tension highlights broader debates over parental rights versus child welfare protections in legislative settings.

Companion Bills

TX SB2091

Same As Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

Similar Bills

NJ S4510

Clarifies procedures in certain contested child custody cases.

IN SB0180

Interim study committee.

AZ HB2323

DCS; specialty medical evaluations

TX HB567

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

TX SB190

Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.

MT HB77

Generally revise laws related to child abuse and neglect investigations by the department of public health and human services

AZ HB2486

Parent-child relationship; restoration

AZ HB2541

DCS; hearings; complete disclosure requirements