Texas Senate Bill SB185

Texas 2021 - 87th Regular

Caption

Relating to the time for entering a final order in certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.

Impact

The implementation of SB185 will significantly impact family law proceedings in Texas, particularly improving the efficiency of court processes in cases concerning parent-child relationships. By imposing a strict timeline for rendering final orders, the bill is intended to minimize delays and ensure that decisions affecting children are made as swiftly as possible. This legislation is likely to help reduce the emotional and psychological strain on families involved in lengthy court proceedings. However, the flexibility granted to courts to extend the deadline could lead to variability in how promptly cases are resolved, depending on individual circumstances and the courts' discretion to assess 'good cause' for delays.

Summary

Senate Bill 185 (SB185) establishes new requirements for courts handling cases affecting the parent-child relationship, specifically those involving the Department of Family and Protective Services. The bill mandates that a court must render a final order no later than 90 days after the commencement of the trial on the merits. Importantly, this period is not tolled for any recess during the trial, aiming to expedite the resolution of these critical family law cases. Provisions within the bill also allow for extensions of this deadline at the court's discretion, provided there is good cause, thus supporting a balance between timeliness and judicial discretion.

Sentiment

The sentiment surrounding SB185 appears to be generally supportive among those who advocate for prompt judicial resolutions in family law cases. Proponents argue that the bill addresses a critical need for timeliness in the legal processes affecting children and families, promoting stability and predictability in such proceedings. However, there may be some concerns regarding the potential for extensions to become commonplace, which could potentially counteract the bill's goal of expedited resolution. Overall, the bill suggests a legislative intent to streamline court processes while still allowing for necessary judicial discretion.

Contention

Notable points of contention regarding SB185 may arise around the interpretation and application of the 'good cause' standard for extending the deadline for final orders. While some may view the allowance for extensions as a necessary safeguard against abrupt decision-making, others may see it as a loophole that could lead to delays that the bill aims to eliminate. Thus, as this legislation is implemented, the judiciary's interpretation and application of the new timelines and extension criteria will likely be critical areas to monitor, with potential implications for the fairness and speed of judicial proceedings in family matters.