Texas 2021 - 87th Regular

Texas House Bill HB2926 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2926
	1	+	By: Parker, et al. (Senate Sponsor - Buckingham) H.B. No. 2926
	2	+	(In the Senate - Received from the House May 12, 2021;
	3	+	May 13, 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
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to the reinstatement of the parent-child relationship with
6	12		respect to a person whose parental rights have been involuntarily
7	13		terminated and to certain requirements in relation to the
8	14		termination of the parent-child relationship or placement of a
9	15		child in substitute care.
10	16		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	17		SECTION 1. Chapter 161, Family Code, is amended by adding
12	18		Subchapter D to read as follows:
13	19		SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER INVOLUNTARY
14	20		TERMINATION
15	21		Sec. 161.301. DEFINITIONS. In this subchapter:
16	22		(1) "Commissioner" means the commissioner of the
17	23		Department of Family and Protective Services.
18	24		(2) "Department" means the Department of Family and
19	25		Protective Services.
20	26		Sec. 161.302. PETITION. (a) The following persons may file
21	27		a petition under this subchapter requesting the court to reinstate
22	28		the parental rights of a former parent whose parental rights were
23	29		involuntarily terminated under Section 161.001 or 161.003:
24	30		(1) the department;
25	31		(2) the single source continuum contractor under
26	32		Subchapter B-1, Chapter 264, with responsibility for the child who
27	33		is the subject of the petition;
28	34		(3) the attorney ad litem for the child who is the
29	35		subject of the petition; or
30	36		(4) the former parent whose parental rights were
31	37		involuntarily terminated.
32	38		(b) A petition for the reinstatement of parental rights may
33	39		be filed under this subchapter only if:
34	40		(1) the termination of parental rights resulted from a
35	41		suit filed by the department;
36	42		(2) at least two years have passed since the issuance
37	43		of the order terminating the former parent's parental rights and an
38	44		appeal of the order is not pending;
39	45		(3) the child has not been adopted;
40	46		(4) the child is not the subject of an adoption
41	47		placement agreement; and
42	48		(5) the petitioner has provided the notice required by
43	49		Subsection (d), if the petitioner is the former parent whose
44	50		parental rights are sought to be reinstated.
45	51		(c) The contents of the petition for reinstatement of
46	52		parental rights must be sworn by the petitioner and must include:
47	53		(1) the name of the petitioner;
48	54		(2) the name and current residence address of the
49	55		former parent whose parental rights are sought to be reinstated, if
50	56		that former parent is not the petitioner;
51	57		(3) the child's name, current residence address, and
52	58		date and place of birth, if known;
53	59		(4) the name, current residence address, and contact
54	60		information, if known, of any party that:
55	61		(A) participated in the original termination
56	62		hearing; and
57	63		(B) has information relevant to the
58	64		determination of conservatorship of or possession of or access to
59	65		the child;
60	66		(5) a summary of the grounds on which the court
61	67		rendered the order terminating the former parent's parental rights;
62	68		(6) a summary statement of the facts and evidence that
63	69		the petitioner believes demonstrate that the former parent whose
64	70		parental rights are sought to be reinstated has the capacity and
65	71		willingness to perform parental duties under Section 151.001,
66	72		including steps the former parent has taken toward personal
67	73		rehabilitation since the rendition of the order terminating
68	74		parental rights, including mental health and substance abuse
69	75		treatment, employment, or other personal history that demonstrates
70	76		rehabilitation;
71	77		(7) a statement of the former parent whose parental
72	78		rights are sought to be reinstated requesting the reinstatement of
73	79		parental rights;
74	80		(8) a statement of the intent or willingness of the
75	81		child to consent to the reinstatement of parental rights, if the
76	82		child is 12 years of age or older; and
77	83		(9) a summary of all prior requests or motions for
78	84		reinstatement by the former parent whose parental rights are sought
79	85		to be reinstated and by the petitioner, if the former parent is not
80	86		the petitioner, with respect to that child.
81	87		(d) Before a former parent whose parental rights have been
82	88		involuntarily terminated may file a petition for reinstatement
83	89		under this subchapter, the former parent, at least 45 days before
84	90		the petition is filed, must notify the department of the former
85	91		parent's intent to file the petition. The commissioner shall
86	92		create a form to be used by a former parent for that notice that
87	93		includes the information listed in Subsection (c). A copy of the
88	94		notice must be filed with the petition.
89	95		(e) The petition for the reinstatement of parental rights
90	96		and notice of hearing on the petition must be served on:
91	97		(1) the child or the child's representative;
92	98		(2) the county attorney;
93	99		(3) the child's attorney ad litem;
94	100		(4) the department or single source continuum
95	101		contractor, if applicable;
96	102		(5) the former parent whose parental rights are sought
97	103		to be reinstated, if that former parent is not the petitioner; and
98	104		(6) if the child is subject to the Indian Child Welfare
99	105		Act of 1978 (25 U.S.C. Section 1901 et seq.), the designated tribal
100	106		service agent of the child's tribe and any other person required by
101	107		federal law.
102	108		Sec. 161.303. HEARING. (a) A reinstatement hearing under
103	109		this subchapter must be held not later than the 60th day after the
104	110		date the petition is filed.
105	111		(b) The petitioner has the burden of proof in the hearing,
106	112		and each party may call witnesses.
107	113		(c) The court may grant the petition and order the
108	114		reinstatement of the former parent's parental rights only if the
109	115		court finds by a preponderance of the evidence that:
110	116		(1) reinstatement of parental rights is in the child's
111	117		best interests;
112	118		(2) at least two years have passed since issuance of
113	119		the order terminating parental rights and an appeal of the order is
114	120		not pending;
115	121		(3) the child has not been adopted and is not the
116	122		subject of an adoption placement agreement;
117	123		(4) if the child is 12 years of age or older, the child
118	124		consents to the reinstatement and desires to reside with the
119	125		parent;
120	126		(5) the former parent has remedied the conditions that
121	127		were grounds for rendering the order terminating parental rights;
122	128		and
123	129		(6) the former parent is willing and has the
124	130		capability to perform parental duties as provided in Section
125	131		151.001, including maintaining the health, safety, and welfare of
126	132		the child.
127	133		(d) In determining whether to grant a petition for
128	134		reinstatement of parental rights under this subchapter in regard to
129	135		a child who is 11 years of age or younger on the date the petition is
130	136		filed, the court shall consider the child's age, maturity, and
131	137		ability to express a preference and may consider the child's
132	138		preference regarding the reinstatement as one factor, considered
133	139		along with all other relevant factors, in making the determination.
134	140		Sec. 161.304. ORDERS. (a) Following a hearing under this
135	141		subchapter, the court may render an order:
136	142		(1) granting the petition;
137	143		(2) denying the petition; or
138	144		(3) deferring the decision on the petition and
139	145		rendering a temporary order expiring after a period of six months
140	146		during which the department remains the managing conservator of the
141	147		child and the former parent is the possessory conservator.
142	148		(b) If the court defers granting the petition under
143	149		Subsection (a)(3):
144	150		(1) the department shall monitor the possessory
145	151		conservatorship of the former parent during the period of the
146	152		temporary order; and
147	153		(2) when the temporary order expires, the court shall
148	154		hold a hearing to determine whether to grant or deny the petition
149	155		for reinstatement.
150	156		(c) If, following a hearing under this subchapter, the court
151	157		renders an order for reinstatement of parental rights, the court
152	158		shall enter the court's findings in a written order stating that all
153	159		legal rights, powers, privileges, immunities, duties, and
154	160		obligations of the former parent regarding the child, including
155	161		with respect to custody, care, control, and support, are
156	162		reinstated.
157	163		(d) If, following a hearing under this subchapter, the court
158	164		denies a petition for reinstatement of parental rights, the court
159	165		shall render a written order that includes:
160	166		(1) the court's findings and detailing reasons for
161	167		denial of the petition; and
162	168		(2) a statement prohibiting the filing of a subsequent
163	169		petition in regard to the former parent's parental rights before
164	170		the first anniversary of the date the order of denial was issued.
165	171		SECTION 2. Subchapter C, Chapter 161, Family Code, is
166	172		amended by adding Section 161.2081 to read as follows:
167	173		Sec. 161.2081. NOTICE OF TERMINATION FOR CERTAIN RELATIVES.
168	174		Immediately after a court renders an order terminating the
169	175		parent-child relationship in a suit filed by the Department of
170	176		Family and Protective Services, the department shall notify each
171	177		individual described by Section 102.006(c) who has been identified
172	178		under Section 262.1095 that:
173	179		(1) the parent-child relationship has been
174	180		terminated; and
175	181		(2) the individual has 90 days after the date the order
176	182		is rendered to file an original suit or a suit for modification
177	183		requesting managing conservatorship of the child in accordance with
178	184		Section 102.006(c).
179	185		SECTION 3. Section 262.1095(a), Family Code, is amended to
180	186		read as follows:
181	187		(a) When the Department of Family and Protective Services or
182	188		another agency takes possession of a child under this chapter, the
183	189		department:
184	190		(1) shall provide information as prescribed by this
185	191		section to each adult the department is able to identify and locate
186	192		who is:
187	193		(A) related to the child within the fourth
188	194		[third] degree by consanguinity as determined under Chapter 573,
189	195		Government Code;
190	196		(B) an adult relative of the alleged father of
191	197		the child if the department has a reasonable basis to believe the
192	198		alleged father is the child's biological father; or
193	199		(C) identified as a potential relative or
194	200		designated caregiver, as defined by Section 264.751, on the
195	201		proposed child placement resources form provided under Section
196	202		261.307; and
197	203		(2) may provide information as prescribed by this
198	204		section to each adult the department is able to identify and locate
199	205		who has a long-standing and significant relationship with the
200	206		child.
201	207		SECTION 4. Section 262.114, Family Code, is amended by
202	208		adding Subsection (d) to read as follows:
203	209		(d) In making a placement decision for a child, the
204	210		department shall give preference to persons in the following order:
205	211		(1) a person related to the child by blood, marriage,
206	212		or adoption;
207	213		(2) a person with whom the child has a long-standing
208	214		and significant relationship;
209	215		(3) a foster home; and
210	216		(4) a general residential operation.
211	217		SECTION 5. This Act takes effect September 1, 2021.
212		-	______________________________ ______________________________
213		-	President of the Senate Speaker of the House
214		-	I certify that H.B. No. 2926 was passed by the House on May
215		-	11, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
216		-	voting.
217		-	______________________________
218		-	Chief Clerk of the House
219		-	I certify that H.B. No. 2926 was passed by the Senate on May
220		-	21, 2021, by the following vote: Yeas 31, Nays 0.
221		-	______________________________
222		-	Secretary of the Senate
223		-	APPROVED: _____________________
224		-	Date
225		-	_____________________
226		-	Governor
	218	+	* * * * *