By: Parker, Krause, Minjarez, Talarico, H.B. No. 2926
et al.
A BILL TO BE ENTITLED
AN ACT
relating to the reinstatement of the parent-child relationship with
respect to a person whose parental rights have been involuntarily
terminated and to certain requirements in relation to the
termination of the parent-child relationship or placement of a
child in substitute care.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 161, Family Code, is amended by adding
Subchapter D to read as follows:
SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER INVOLUNTARY
TERMINATION
Sec. 161.301. DEFINITIONS. In this subchapter:
(1) "Commissioner" means the commissioner of the
Department of Family and Protective Services.
(2) "Department" means the Department of Family and
Protective Services.
Sec. 161.302. PETITION. (a) The following persons may file
a petition under this subchapter requesting the court to reinstate
the parental rights of a former parent whose parental rights were
involuntarily terminated under Section 161.001 or 161.003:
(1) the department;
(2) the single source continuum contractor under
Subchapter B-1, Chapter 264, with responsibility for the child who
is the subject of the petition;
(3) the attorney ad litem for the child who is the
subject of the petition; or
(4) the former parent whose parental rights were
involuntarily terminated.
(b) A petition for the reinstatement of parental rights may
be filed under this subchapter only if:
(1) the termination of parental rights resulted from a
suit filed by the department;
(2) at least two years have passed since the issuance
of the order terminating the former parent's parental rights and an
appeal of the order is not pending;
(3) the child has not been adopted;
(4) the child is not the subject of an adoption
placement agreement; and
(5) the petitioner has provided the notice required by
Subsection (d), if the petitioner is the former parent whose
parental rights are sought to be reinstated.
(c) The contents of the petition for reinstatement of
parental rights must be sworn by the petitioner and must include:
(1) the name of the petitioner;
(2) the name and current residence address of the
former parent whose parental rights are sought to be reinstated, if
that former parent is not the petitioner;
(3) the child's name, current residence address, and
date and place of birth, if known;
(4) the name, current residence address, and contact
information, if known, of any party that:
(A) participated in the original termination
hearing; and
(B) has information relevant to the
determination of conservatorship of or possession of or access to
the child;
(5) a summary of the grounds on which the court
rendered the order terminating the former parent's parental rights;
(6) a summary statement of the facts and evidence that
the petitioner believes demonstrate that the former parent whose
parental rights are sought to be reinstated has the capacity and
willingness to perform parental duties under Section 151.001,
including steps the former parent has taken toward personal
rehabilitation since the rendition of the order terminating
parental rights, including mental health and substance abuse
treatment, employment, or other personal history that demonstrates
rehabilitation;
(7) a statement of the former parent whose parental
rights are sought to be reinstated requesting the reinstatement of
parental rights;
(8) a statement of the intent or willingness of the
child to consent to the reinstatement of parental rights, if the
child is 12 years of age or older; and
(9) a summary of all prior requests or motions for
reinstatement by the former parent whose parental rights are sought
to be reinstated and by the petitioner, if the former parent is not
the petitioner, with respect to that child.
(d) Before a former parent whose parental rights have been
involuntarily terminated may file a petition for reinstatement
under this subchapter, the former parent, at least 45 days before
the petition is filed, must notify the department of the former
parent's intent to file the petition. The commissioner shall
create a form to be used by a former parent for that notice that
includes the information listed in Subsection (c). A copy of the
notice must be filed with the petition.
(e) The petition for the reinstatement of parental rights
and notice of hearing on the petition must be served on:
(1) the child or the child's representative;
(2) the county attorney;
(3) the child's attorney ad litem;
(4) the department or single source continuum
contractor, if applicable;
(5) the former parent whose parental rights are sought
to be reinstated, if that former parent is not the petitioner; and
(6) if the child is subject to the Indian Child Welfare
Act of 1978 (25 U.S.C. Section 1901 et seq.), the designated tribal
service agent of the child's tribe and any other person required by
federal law.
Sec. 161.303. HEARING. (a) A reinstatement hearing under
this subchapter must be held not later than the 60th day after the
date the petition is filed.
(b) The petitioner has the burden of proof in the hearing,
and each party may call witnesses.
(c) The court may grant the petition and order the
reinstatement of the former parent's parental rights only if the
court finds by a preponderance of the evidence that:
(1) reinstatement of parental rights is in the child's
best interests;
(2) at least two years have passed since issuance of
the order terminating parental rights and an appeal of the order is
not pending;
(3) the child has not been adopted and is not the
subject of an adoption placement agreement;
(4) if the child is 12 years of age or older, the child
consents to the reinstatement and desires to reside with the
parent;
(5) the former parent has remedied the conditions that
were grounds for rendering the order terminating parental rights;
and
(6) the former parent is willing and has the
capability to perform parental duties as provided in Section
151.001, including maintaining the health, safety, and welfare of
the child.
(d) In determining whether to grant a petition for
reinstatement of parental rights under this subchapter in regard to
a child who is 11 years of age or younger on the date the petition is
filed, the court shall consider the child's age, maturity, and
ability to express a preference and may consider the child's
preference regarding the reinstatement as one factor, considered
along with all other relevant factors, in making the determination.
Sec. 161.304. ORDERS. (a) Following a hearing under this
subchapter, the court may render an order:
(1) granting the petition;
(2) denying the petition; or
(3) deferring the decision on the petition and
rendering a temporary order expiring after a period of six months
during which the department remains the managing conservator of the
child and the former parent is the possessory conservator.
(b) If the court defers granting the petition under
Subsection (a)(3):
(1) the department shall monitor the possessory
conservatorship of the former parent during the period of the
temporary order; and
(2) when the temporary order expires, the court shall
hold a hearing to determine whether to grant or deny the petition
for reinstatement.
(c) If, following a hearing under this subchapter, the court
renders an order for reinstatement of parental rights, the court
shall enter the court's findings in a written order stating that all
legal rights, powers, privileges, immunities, duties, and
obligations of the former parent regarding the child, including
with respect to custody, care, control, and support, are
reinstated.
(d) If, following a hearing under this subchapter, the court
denies a petition for reinstatement of parental rights, the court
shall render a written order that includes:
(1) the court's findings and detailing reasons for
denial of the petition; and
(2) a statement prohibiting the filing of a subsequent
petition in regard to the former parent's parental rights before
the first anniversary of the date the order of denial was issued.
SECTION 2. Subchapter C, Chapter 161, Family Code, is
amended by adding Section 161.2081 to read as follows:
Sec. 161.2081. NOTICE OF TERMINATION FOR CERTAIN RELATIVES.
Immediately after a court renders an order terminating the
parent-child relationship in a suit filed by the Department of
Family and Protective Services, the department shall notify each
individual described by Section 102.006(c) who has been identified
under Section 262.1095 that:
(1) the parent-child relationship has been
terminated; and
(2) the individual has 90 days after the date the order
is rendered to file an original suit or a suit for modification
requesting managing conservatorship of the child in accordance with
Section 102.006(c).
SECTION 3. Section 262.1095(a), Family Code, is amended to
read as follows:
(a) When the Department of Family and Protective Services or
another agency takes possession of a child under this chapter, the
department:
(1) shall provide information as prescribed by this
section to each adult the department is able to identify and locate
who is:
(A) related to the child within the fourth
[third] degree by consanguinity as determined under Chapter 573,
Government Code;
(B) an adult relative of the alleged father of
the child if the department has a reasonable basis to believe the
alleged father is the child's biological father; or
(C) identified as a potential relative or
designated caregiver, as defined by Section 264.751, on the
proposed child placement resources form provided under Section
261.307; and
(2) may provide information as prescribed by this
section to each adult the department is able to identify and locate
who has a long-standing and significant relationship with the
child.
SECTION 4. Section 262.114, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) In making a placement decision for a child, the
department shall give preference to persons in the following order:
(1) a person related to the child by blood, marriage,
or adoption;
(2) a person with whom the child has a long-standing
and significant relationship;
(3) a foster home; and
(4) a general residential operation.
SECTION 5. This Act takes effect September 1, 2021.