TX
Texas House Bill HB2924

Texas 2021 - 87th Regular

Texas House Bill HB2924 Compare Versions

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1-H.B. No. 2924
1+By: Dutton (Senate Sponsor - Hughes) H.B. No. 2924
2+ (In the Senate - Received from the House May 5, 2021;
3+ May 10, 2021, read first time and referred to Committee on State
4+ Affairs; May 19, 2021, reported favorably by the following vote:
5+ Yeas 9, Nays 0; May 19, 2021, sent to printer.)
6+Click here to see the committee vote
27
38
9+ A BILL TO BE ENTITLED
410 AN ACT
5- relating to procedures in certain suits affecting the parent-child
6- relationship.
11+ relating to certain grounds for the involuntary termination of the
12+ parent-child relationship.
713 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8- SECTION 1. Section 161.001, Family Code, is amended by
9- adding Subsection (d-1) to read as follows:
10- (d-1) The court may not order termination under Subsection
11- (b)(1)(M) unless the petition for the termination of the
12- parent-child relationship is filed not later than the first
13- anniversary of the date the department or an equivalent agency in
14- another state was granted managing conservatorship of a child in
15- the case that resulted in the termination of the parent-child
16- relationship with respect to that child based on a finding that the
17- parent's conduct violated Subsection (b)(1)(D) or (E) or
18- substantially equivalent provisions of the law of another state.
19- SECTION 2. Section 262.2015(b), Family Code, is amended to
14+ SECTION 1. Section 161.001(b), Family Code, is amended to
2015 read as follows:
21- (b) The court may find under Subsection (a) that a parent
22- has subjected the child to aggravated circumstances if:
23- (1) the parent abandoned the child without
24- identification or a means for identifying the child;
25- (2) the child or another child of the parent is a
26- victim of serious bodily injury or sexual abuse inflicted by the
27- parent or by another person with the parent's consent;
28- (3) the parent has engaged in conduct against the
29- child or another child of the parent that would constitute an
30- offense under the following provisions of the Penal Code:
31- (A) Section 19.02 (murder);
32- (B) Section 19.03 (capital murder);
33- (C) Section 19.04 (manslaughter);
34- (D) Section 21.11 (indecency with a child);
35- (E) Section 22.011 (sexual assault);
36- (F) Section 22.02 (aggravated assault);
37- (G) Section 22.021 (aggravated sexual assault);
38- (H) Section 22.04 (injury to a child, elderly
39- individual, or disabled individual);
40- (I) Section 22.041 (abandoning or endangering
16+ (b) The court may order termination of the parent-child
17+ relationship if the court finds by clear and convincing evidence:
18+ (1) that the parent has:
19+ (A) voluntarily left the child alone or in the
20+ possession of another not the parent and expressed an intent not to
21+ return;
22+ (B) voluntarily left the child alone or in the
23+ possession of another not the parent without expressing an intent
24+ to return, without providing for the adequate support of the child,
25+ and remained away for a period of at least three months;
26+ (C) voluntarily left the child alone or in the
27+ possession of another without providing adequate support of the
28+ child and remained away for a period of at least six months;
29+ (D) knowingly placed or knowingly allowed the
30+ child to remain in conditions or surroundings which endanger the
31+ physical or emotional well-being of the child;
32+ (E) engaged in conduct or knowingly placed the
33+ child with persons who engaged in conduct which endangers the
34+ physical or emotional well-being of the child;
35+ (F) failed to support the child in accordance
36+ with the parent's ability during a period of one year ending within
37+ six months of the date of the filing of the petition;
38+ (G) abandoned the child without identifying the
39+ child or furnishing means of identification, and the child's
40+ identity cannot be ascertained by the exercise of reasonable
41+ diligence;
42+ (H) voluntarily, and with knowledge of the
43+ pregnancy, abandoned the mother of the child beginning at a time
44+ during her pregnancy with the child and continuing through the
45+ birth, failed to provide adequate support or medical care for the
46+ mother during the period of abandonment before the birth of the
47+ child, and remained apart from the child or failed to support the
48+ child since the birth;
49+ (I) contumaciously refused to submit to a
50+ reasonable and lawful order of a court under Subchapter D, Chapter
51+ 261;
52+ (J) been the major cause of:
53+ (i) the failure of the child to be enrolled
54+ in school as required by the Education Code; or
55+ (ii) the child's absence from the child's
56+ home without the consent of the parents or guardian for a
57+ substantial length of time or without the intent to return;
58+ (K) executed before or after the suit is filed an
59+ unrevoked or irrevocable affidavit of relinquishment of parental
60+ rights as provided by this chapter;
61+ (L) been convicted or has been placed on
62+ community supervision, including deferred adjudication community
63+ supervision, for being criminally responsible for the death or
64+ serious injury of a child under the following sections of the Penal
65+ Code, or under a law of another jurisdiction that contains elements
66+ that are substantially similar to the elements of an offense under
67+ one of the following Penal Code sections, or adjudicated under
68+ Title 3 for conduct that caused the death or serious injury of a
69+ child and that would constitute a violation of one of the following
70+ Penal Code sections:
71+ (i) Section 19.02 (murder);
72+ (ii) Section 19.03 (capital murder);
73+ (iii) Section 19.04 (manslaughter);
74+ (iv) Section 21.11 (indecency with a
4175 child);
42- (J) Section 25.02 (prohibited sexual conduct);
43- (K) Section 43.25 (sexual performance by a
44- child);
45- (L) Section 43.26 (possession or promotion of
46- child pornography);
47- (M) Section 21.02 (continuous sexual abuse of
48- young child or children);
49- (N) Section 43.05(a)(2) (compelling
50- prostitution); or
51- (O) Section 20A.02(a)(7) or (8) (trafficking of
52- persons);
53- (4) the parent voluntarily left the child alone or in
54- the possession of another person not the parent of the child for at
55- least six months without expressing an intent to return and without
56- providing adequate support for the child;
57- (5) [the parent's parental rights with regard to
58- another child have been involuntarily terminated based on a finding
59- that the parent's conduct violated Section 161.001(b)(1)(D) or (E)
60- or a substantially equivalent provision of another state's law;
61- [(6)] the parent has been convicted for:
62- (A) the murder of another child of the parent and
63- the offense would have been an offense under 18 U.S.C. Section
64- 1111(a) if the offense had occurred in the special maritime or
65- territorial jurisdiction of the United States;
66- (B) the voluntary manslaughter of another child
67- of the parent and the offense would have been an offense under 18
68- U.S.C. Section 1112(a) if the offense had occurred in the special
69- maritime or territorial jurisdiction of the United States;
70- (C) aiding or abetting, attempting, conspiring,
71- or soliciting an offense under Paragraph (A) or (B); or
72- (D) the felony assault of the child or another
73- child of the parent that resulted in serious bodily injury to the
74- child or another child of the parent; or
75- (6) [(7) the parent's parental rights with regard to
76- another child of the parent have been involuntarily terminated; or
77- [(8)] the parent is required under any state or
78- federal law to register with a sex offender registry.
79- SECTION 3. The change in law made by this Act applies only
76+ (v) Section 22.01 (assault);
77+ (vi) Section 22.011 (sexual assault);
78+ (vii) Section 22.02 (aggravated assault);
79+ (viii) Section 22.021 (aggravated sexual
80+ assault);
81+ (ix) Section 22.04 (injury to a child,
82+ elderly individual, or disabled individual);
83+ (x) Section 22.041 (abandoning or
84+ endangering child);
85+ (xi) Section 25.02 (prohibited sexual
86+ conduct);
87+ (xii) Section 43.25 (sexual performance by
88+ a child);
89+ (xiii) Section 43.26 (possession or
90+ promotion of child pornography);
91+ (xiv) Section 21.02 (continuous sexual
92+ abuse of young child or children);
93+ (xv) Section 20A.02(a)(7) or (8)
94+ (trafficking of persons); and
95+ (xvi) Section 43.05(a)(2) (compelling
96+ prostitution);
97+ (M) [had his or her parent-child relationship
98+ terminated with respect to another child based on a finding that the
99+ parent's conduct was in violation of Paragraph (D) or (E) or
100+ substantially equivalent provisions of the law of another state;
101+ [(N)] constructively abandoned the child who has
102+ been in the permanent or temporary managing conservatorship of the
103+ Department of Family and Protective Services for not less than six
104+ months, and:
105+ (i) the department has made reasonable
106+ efforts to return the child to the parent;
107+ (ii) the parent has not regularly visited
108+ or maintained significant contact with the child; and
109+ (iii) the parent has demonstrated an
110+ inability to provide the child with a safe environment;
111+ (N) [(O)] failed to comply with the provisions of
112+ a court order that specifically established the actions necessary
113+ for the parent to obtain the return of the child who has been in the
114+ permanent or temporary managing conservatorship of the Department
115+ of Family and Protective Services for not less than nine months as a
116+ result of the child's removal from the parent under Chapter 262 for
117+ the abuse or neglect of the child;
118+ (O) [(P)] used a controlled substance, as
119+ defined by Chapter 481, Health and Safety Code, in a manner that
120+ endangered the health or safety of the child, and:
121+ (i) failed to complete a court-ordered
122+ substance abuse treatment program; or
123+ (ii) after completion of a court-ordered
124+ substance abuse treatment program, continued to abuse a controlled
125+ substance;
126+ (P) [(Q)] knowingly engaged in criminal conduct
127+ that has resulted in the parent's:
128+ (i) conviction of an offense; and
129+ (ii) confinement or imprisonment and
130+ inability to care for the child for not less than two years from the
131+ date of filing the petition;
132+ (Q) [(R)] been the cause of the child being born
133+ addicted to alcohol or a controlled substance, other than a
134+ controlled substance legally obtained by prescription;
135+ (R) [(S)] voluntarily delivered the child to a
136+ designated emergency infant care provider under Section 262.302
137+ without expressing an intent to return for the child;
138+ (S) [(T)] been convicted of:
139+ (i) the murder of the other parent of the
140+ child under Section 19.02 or 19.03, Penal Code, or under a law of
141+ another state, federal law, the law of a foreign country, or the
142+ Uniform Code of Military Justice that contains elements that are
143+ substantially similar to the elements of an offense under Section
144+ 19.02 or 19.03, Penal Code;
145+ (ii) criminal attempt under Section 15.01,
146+ Penal Code, or under a law of another state, federal law, the law of
147+ a foreign country, or the Uniform Code of Military Justice that
148+ contains elements that are substantially similar to the elements of
149+ an offense under Section 15.01, Penal Code, to commit the offense
150+ described by Subparagraph (i);
151+ (iii) criminal solicitation under Section
152+ 15.03, Penal Code, or under a law of another state, federal law, the
153+ law of a foreign country, or the Uniform Code of Military Justice
154+ that contains elements that are substantially similar to the
155+ elements of an offense under Section 15.03, Penal Code, of the
156+ offense described by Subparagraph (i); or
157+ (iv) the sexual assault of the other parent
158+ of the child under Section 22.011 or 22.021, Penal Code, or under a
159+ law of another state, federal law, or the Uniform Code of Military
160+ Justice that contains elements that are substantially similar to
161+ the elements of an offense under Section 22.011 or 22.021, Penal
162+ Code; or
163+ (T) [(U)] been placed on community supervision,
164+ including deferred adjudication community supervision, or another
165+ functionally equivalent form of community supervision or
166+ probation, for being criminally responsible for the sexual assault
167+ of the other parent of the child under Section 22.011 or 22.021,
168+ Penal Code, or under a law of another state, federal law, or the
169+ Uniform Code of Military Justice that contains elements that are
170+ substantially similar to the elements of an offense under Section
171+ 22.011 or 22.021, Penal Code; and
172+ (2) that termination is in the best interest of the
173+ child.
174+ SECTION 2. The change in law made by this Act applies only
80175 to a court order for the involuntary termination of the
81176 parent-child relationship rendered on or after the effective date
82177 of this Act. A court order rendered before the effective date of
83178 this Act is governed by the law in effect on the date the order was
84179 rendered, and the former law is continued in effect for that
85180 purpose.
86- SECTION 4. This Act takes effect September 1, 2021.
87- ______________________________ ______________________________
88- President of the Senate Speaker of the House
89- I certify that H.B. No. 2924 was passed by the House on May 5,
90- 2021, by the following vote: Yeas 133, Nays 14, 1 present, not
91- voting; and that the House concurred in Senate amendments to H.B.
92- No. 2924 on May 28, 2021, by the following vote: Yeas 126, Nays 19,
93- 2 present, not voting.
94- ______________________________
95- Chief Clerk of the House
96- I certify that H.B. No. 2924 was passed by the Senate, with
97- amendments, on May 22, 2021, by the following vote: Yeas 30, Nays
98- 0.
99- ______________________________
100- Secretary of the Senate
101- APPROVED: __________________
102- Date
103- __________________
104- Governor
181+ SECTION 3. This Act takes effect September 1, 2021.
182+ * * * * *