Texas 2023 - 88th Regular

Texas House Bill HB4855 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12582 MLH-F
2	2	By: Campos H.B. No. 4855
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to certain procedures in suits affecting the parent-child
8	8	relationship filed by the Department of Family and Protective
9	9	Services.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 161.101, Family Code, is amended by
12	12	adding Subsections (c), (d), and (e) to read as follows:
13	13	(c) The Department of Family and Protective Services may not
14	14	file a petition for the termination of the parent-child
15	15	relationship unless:
16	16	(1) the child has been in the temporary managing
17	17	conservatorship of the department for at least 15 of the previous 22
18	18	months;
19	19	(2) the child is under two years of age and the court
20	20	has previously determined that the child was abandoned; or
21	21	(3) the department petition alleges aggravated
22	22	circumstances under Section 262.2015 against the parent.
23	23	(d) Notwithstanding Subsection (c), the Department of
24	24	Family and Protective Services may not file a petition for the
25	25	termination of the parent-child relationship if:
26	26	(1) the child is being cared for by a relative;
27	27	(2) the department finds a compelling reason why
28	28	termination of the parent-child relationship is not in the child's
29	29	best interests and documents that reason in the family service
30	30	plan;
31	31	(3) the court made a finding during the preceding 12
32	32	months that the department failed to make reasonable efforts to
33	33	reunite the child and family; or
34	34	(4) the parent is incarcerated, or the parent's
35	35	previous incarceration is a significant factor in the duration of
36	36	the department's conservatorship of the child, and the parent
37	37	maintains a meaningful role in the child's life, and the department
38	38	has not documented another reason why it would otherwise be
39	39	appropriate to terminate parental rights.
40	40	(e) The assessment of whether a parent maintains a
41	41	meaningful role in the child's life for purposes of Subsection
42	42	(d)(4) may include consideration of:
43	43	(1) the child's best interests;
44	44	(2) the parent's concern for the child, demonstrated
45	45	in letters, telephone calls, visits, and other forms of
46	46	communication and the impact of the communication with the child;
47	47	(3) the parent's efforts to:
48	48	(A) communicate with and work with the department
49	49	for the purpose of complying with the family service plan; and
50	50	(B) repair, maintain, or build the parent-child
51	51	relationship;
52	52	(4) limitations on the parent's access to family
53	53	support programs, therapeutic services, visiting opportunities,
54	54	and telephone and mail services; and
55	55	(5) limitations on the parent's ability to
56	56	meaningfully participate in court proceedings.
57	57	SECTION 2. The heading to Section 263.401, Family Code, is
58	58	amended to read as follows:
59	59	Sec. 263.401. DISMISSAL AFTER TWO YEARS [ONE YEAR]; NEW
60	60	TRIALS; EXTENSION.
61	61	SECTION 3. Sections 263.401(a) and (b), Family Code, are
62	62	amended to read as follows:
63	63	(a) Unless the court has commenced the trial on the merits
64	64	or granted an extension under Subsection (b) or (b-1), on the first
65	65	Monday after the second [first] anniversary of the date the court
66	66	rendered a temporary order appointing the department as temporary
67	67	managing conservator, the court's jurisdiction over the suit
68	68	affecting the parent-child relationship filed by the department
69	69	that requests termination of the parent-child relationship or
70	70	requests that the department be named conservator of the child is
71	71	terminated and all pleadings filed by a party are [the suit is]
72	72	automatically dismissed without a court order. Not later than the
73	73	60th day before the day the suit and all pleadings belonging to a
74	74	party are [is] automatically dismissed, the court shall notify all
75	75	parties to the suit of the automatic dismissal date.
76	76	(b) Unless the court has commenced the trial on the merits,
77	77	the court may not retain the suit on the court's docket after the
78	78	time described by Subsection (a) unless a parent files a motion to
79	79	extend time or a motion pursuant to Section 263.403 and the court
80	80	finds that extraordinary circumstances necessitate the child
81	81	remaining in the temporary managing conservatorship of the
82	82	department and that continuing the appointment of the department as
83	83	temporary managing conservator is in the best interest of the
84	84	child. If the court makes those findings, the court may retain the
85	85	suit on the court's docket for a period not to exceed 180 days after
86	86	the time described by Subsection (a). If the court retains the suit
87	87	on the court's docket, the court shall render an order in which the
88	88	court:
89	89	(1) schedules the new date on which the suit will be
90	90	automatically dismissed if the trial on the merits has not
91	91	commenced, which date must be not later than the 180th day after the
92	92	time described by Subsection (a);
93	93	(2) makes further temporary orders for the safety and
94	94	welfare of the child as necessary to avoid further delay in
95	95	resolving the suit; and
96	96	(3) sets the trial on the merits on a date not later
97	97	than the date specified under Subdivision (1).
98	98	SECTION 4. The changes in law made by this Act apply to a
99	99	suit affecting the parent-child relationship that is pending in a
100	100	trial court on the effective date of this Act or that is filed on or
101	101	after the effective date of this Act.
102	102	SECTION 5. This Act takes effect September 1, 2023.