Texas 2023 - 88th Regular

Texas House Bill HB2658 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 2658
2	2
3	3
4	4	AN ACT
5	5	relating to grounds for the involuntary termination of the
6	6	parent-child relationship.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 161.001(b), Family Code, is amended to
9	9	read as follows:
10	10	(b) The court may order termination of the parent-child
11	11	relationship if the court finds by clear and convincing evidence:
12	12	(1) that the parent has:
13	13	(A) voluntarily left the child alone or in the
14	14	possession of another not the parent and expressed an intent not to
15	15	return;
16	16	(B) voluntarily left the child alone or in the
17	17	possession of another not the parent without expressing an intent
18	18	to return, without providing for the adequate support of the child,
19	19	and remained away for a period of at least three months;
20	20	(C) voluntarily left the child alone or in the
21	21	possession of another without providing adequate support of the
22	22	child and remained away for a period of at least six months;
23	23	(D) knowingly placed or knowingly allowed the
24	24	child to remain in conditions or surroundings which endanger the
25	25	physical or emotional well-being of the child;
26	26	(E) engaged in conduct or knowingly placed the
27	27	child with persons who engaged in conduct which endangers the
28	28	physical or emotional well-being of the child;
29	29	(F) failed to support the child in accordance
30	30	with the parent's ability during a period of one year ending within
31	31	six months of the date of the filing of the petition;
32	32	(G) abandoned the child without identifying the
33	33	child or furnishing means of identification, and the child's
34	34	identity cannot be ascertained by the exercise of reasonable
35	35	diligence;
36	36	(H) voluntarily, and with knowledge of the
37	37	pregnancy, abandoned the mother of the child beginning at a time
38	38	during her pregnancy with the child and continuing through the
39	39	birth, failed to provide adequate support or medical care for the
40	40	mother during the period of abandonment before the birth of the
41	41	child, and remained apart from the child or failed to support the
42	42	child since the birth;
43	43	(I) contumaciously refused to submit to a
44	44	reasonable and lawful order of a court under Subchapter D, Chapter
45	45	261;
46	46	(J) been the major cause of:
47	47	(i) the failure of the child to be enrolled
48	48	in school as required by the Education Code; or
49	49	(ii) the child's absence from the child's
50	50	home without the consent of the parents or guardian for a
51	51	substantial length of time or without the intent to return;
52	52	(K) executed before or after the suit is filed an
53	53	unrevoked or irrevocable affidavit of relinquishment of parental
54	54	rights as provided by this chapter;
55	55	(L) been convicted or has been placed on
56	56	community supervision, including deferred adjudication community
57	57	supervision, for being criminally responsible for the death or
58	58	serious injury of a child under the following sections of the Penal
59	59	Code, or under a law of another jurisdiction that contains elements
60	60	that are substantially similar to the elements of an offense under
61	61	one of the following Penal Code sections, or adjudicated under
62	62	Title 3 for conduct that caused the death or serious injury of a
63	63	child and that would constitute a violation of one of the following
64	64	Penal Code sections:
65	65	(i) Section 19.02 (murder);
66	66	(ii) Section 19.03 (capital murder);
67	67	(iii) Section 19.04 (manslaughter);
68	68	(iv) Section 21.11 (indecency with a
69	69	child);
70	70	(v) Section 22.01 (assault);
71	71	(vi) Section 22.011 (sexual assault);
72	72	(vii) Section 22.02 (aggravated assault);
73	73	(viii) Section 22.021 (aggravated sexual
74	74	assault);
75	75	(ix) Section 22.04 (injury to a child,
76	76	elderly individual, or disabled individual);
77	77	(x) Section 22.041 (abandoning or
78	78	endangering child);
79	79	(xi) Section 25.02 (prohibited sexual
80	80	conduct);
81	81	(xii) Section 43.25 (sexual performance by
82	82	a child);
83	83	(xiii) Section 43.26 (possession or
84	84	promotion of child pornography);
85	85	(xiv) Section 21.02 (continuous sexual
86	86	abuse of young child or disabled individual);
87	87	(xv) Section 20A.02(a)(7) or (8)
88	88	(trafficking of persons); and
89	89	(xvi) Section 43.05(a)(2) (compelling
90	90	prostitution);
91	91	(M) had his or her parent-child relationship
92	92	terminated with respect to another child based on a finding that the
93	93	parent's conduct was in violation of Paragraph (D) or (E) or
94	94	substantially equivalent provisions of the law of another state;
95	95	(N) constructively abandoned the child who has
96	96	been in the permanent or temporary managing conservatorship of the
97	97	Department of Family and Protective Services for not less than six
98	98	months, and:
99	99	(i) the department has made reasonable
100	100	efforts to return the child to the parent;
101	101	(ii) the parent has not regularly visited
102	102	or maintained significant contact with the child; and
103	103	(iii) the parent has demonstrated an
104	104	inability to provide the child with a safe environment;
105	105	(O) failed to comply with the provisions of a
106	106	court order that specifically established the actions necessary for
107	107	the parent to obtain the return of the child who has been in the
108	108	permanent or temporary managing conservatorship of the Department
109	109	of Family and Protective Services for not less than nine months as a
110	110	result of the child's removal from the parent under Chapter 262 for
111	111	the abuse or neglect of the child;
112	112	(P) used a controlled substance, as defined by
113	113	Chapter 481, Health and Safety Code, in a manner that endangered the
114	114	health or safety of the child, and:
115	115	(i) failed to complete a court-ordered
116	116	substance abuse treatment program; or
117	117	(ii) after completion of a court-ordered
118	118	substance abuse treatment program, continued to abuse a controlled
119	119	substance;
120	120	(Q) knowingly engaged in criminal conduct that
121	121	has resulted in the parent's:
122	122	(i) conviction of an offense; and
123	123	(ii) confinement or imprisonment and
124	124	inability to care for the child for not less than two years from the
125	125	date of filing the petition;
126	126	(R) been the cause of the child being born
127	127	addicted to alcohol or a controlled substance, other than a
128	128	controlled substance legally obtained by prescription;
129	129	(S) voluntarily delivered the child to a
130	130	designated emergency infant care provider under Section 262.302
131	131	without expressing an intent to return for the child;
132	132	(T) been convicted of:
133	133	(i) the murder of the other parent of the
134	134	child under Section 19.02 or 19.03, Penal Code, or under a law of
135	135	another state, federal law, the law of a foreign country, or the
136	136	Uniform Code of Military Justice that contains elements that are
137	137	substantially similar to the elements of an offense under Section
138	138	19.02 or 19.03, Penal Code;
139	139	(ii) criminal attempt under Section 15.01,
140	140	Penal Code, or under a law of another state, federal law, the law of
141	141	a foreign country, or the Uniform Code of Military Justice that
142	142	contains elements that are substantially similar to the elements of
143	143	an offense under Section 15.01, Penal Code, to commit the offense
144	144	described by Subparagraph (i);
145	145	(iii) criminal solicitation under Section
146	146	15.03, Penal Code, or under a law of another state, federal law, the
147	147	law of a foreign country, or the Uniform Code of Military Justice
148	148	that contains elements that are substantially similar to the
149	149	elements of an offense under Section 15.03, Penal Code, of the
150	150	offense described by Subparagraph (i); or
151	151	(iv) the sexual assault of the other parent
152	152	of the child under Section 22.011 or 22.021, Penal Code, or under a
153	153	law of another state, federal law, or the Uniform Code of Military
154	154	Justice that contains elements that are substantially similar to
155	155	the elements of an offense under Section 22.011 or 22.021, Penal
156	156	Code; [or]
157	157	(U) been placed on community supervision,
158	158	including deferred adjudication community supervision, or another
159	159	functionally equivalent form of community supervision or
160	160	probation, for being criminally responsible for the sexual assault
161	161	of the other parent of the child under Section 22.011 or 22.021,
162	162	Penal Code, or under a law of another state, federal law, or the
163	163	Uniform Code of Military Justice that contains elements that are
164	164	substantially similar to the elements of an offense under Section
165	165	22.011 or 22.021, Penal Code; or
166	166	(V) been convicted of:
167	167	(i) criminal solicitation of a minor under
168	168	Section 15.031, Penal Code, or under a law of another state, federal
169	169	law, the law of a foreign country, or the Uniform Code of Military
170	170	Justice that contains elements that are substantially similar to
171	171	the elements of an offense under Section 15.031, Penal Code; or
172	172	(ii) online solicitation of a minor under
173	173	Section 33.021, Penal Code, or under a law of another state, federal
174	174	law, the law of a foreign country, or the Uniform Code of Military
175	175	Justice that contains elements that are substantially similar to
176	176	the elements of an offense under Section 33.021, Penal Code; and
177	177	(2) that termination is in the best interest of the
178	178	child.
179	179	SECTION 2. The change in law made by this Act applies only
180	180	to a suit affecting the parent-child relationship filed on or after
181	181	the effective date of this Act. A suit affecting the parent-child
182	182	relationship filed before the effective date of this Act is
183	183	governed by the law in effect on the date the suit was filed, and the
184	184	former law is continued in effect for that purpose.
185	185	SECTION 3. This Act takes effect September 1, 2023.
186	186	______________________________ ______________________________
187	187	President of the Senate Speaker of the House
188	188	I certify that H.B. No. 2658 was passed by the House on May 9,
189	189	2023, by the following vote: Yeas 138, Nays 4, 2 present, not
190	190	voting.
191	191	______________________________
192	192	Chief Clerk of the House
193	193	I certify that H.B. No. 2658 was passed by the Senate on May
194	194	21, 2023, by the following vote: Yeas 31, Nays 0.
195	195	______________________________
196	196	Secretary of the Senate
197	197	APPROVED: _____________________
198	198	Date
199	199	_____________________
200	200	Governor