Texas 2023 - 88th Regular

Texas House Bill HB4866 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R12583 MM-F
2	2	By: Campos H.B. No. 4866
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the procedures and grounds for terminating the
8	8	parent-child relationship.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 154.001(a-1), Family Code, is amended to
11	11	read as follows:
12	12	(a-1) The court may order each person who is financially
13	13	able and whose parental rights have been terminated with respect to
14	14	a child in substitute care for whom the department has been
15	15	appointed managing conservator, a child for a reason described by
16	16	Section 161.001(b)(1)(P)(iv) or (b)(1)(Q) [161.001(b)(1)(T)(iv) or
17	17	(b)(1)(U)], or a child who was conceived as a direct result of
18	18	conduct that constitutes an offense under Section 21.02, 22.011,
19	19	22.021, or 25.02, Penal Code, to support the child in the manner
20	20	specified by the order:
21	21	(1) until the earliest of:
22	22	(A) the child's adoption;
23	23	(B) the child's 18th birthday or graduation from
24	24	high school, whichever occurs later;
25	25	(C) removal of the child's disabilities of
26	26	minority by court order, marriage, or other operation of law; or
27	27	(D) the child's death; or
28	28	(2) if the child is disabled as defined in this
29	29	chapter, for an indefinite period.
30	30	SECTION 2. Section 161.001, Family Code, as amended by
31	31	Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th
32	32	Legislature, Regular Session, 2021, is reenacted and amended to
33	33	read as follows:
34	34	Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
35	35	RELATIONSHIP. (a) In this section, "born addicted to alcohol or a
36	36	controlled substance" means a child:
37	37	(1) who is born to a mother who during the pregnancy
38	38	used a controlled substance, as defined by Chapter 481, Health and
39	39	Safety Code, other than a controlled substance legally obtained by
40	40	prescription, or alcohol; and
41	41	(2) who, after birth as a result of the mother's use of
42	42	the controlled substance or alcohol:
43	43	(A) [experiences observable withdrawal from the
44	44	alcohol or controlled substance;
45	45	[(B)] exhibits observable or harmful effects in
46	46	the child's physical appearance or functioning due to withdrawal
47	47	from the alcohol or controlled substance; and [or]
48	48	(B) [(C)] exhibits the demonstrable presence of
49	49	alcohol or a controlled substance in the child's bodily fluids.
50	50	(b) The court may order termination of the parent-child
51	51	relationship if the court finds beyond a reasonable doubt [by clear
52	52	and convincing evidence]:
53	53	(1) that the parent has:
54	54	(A) voluntarily left the child alone or in the
55	55	possession of another not the parent and expressed an intent not to
56	56	return;
57	57	(B) voluntarily left the child alone or in the
58	58	possession of another not the parent without expressing an intent
59	59	to return, without providing for the adequate support of the child,
60	60	and remained away for a period of at least three months;
61	61	(C) voluntarily left the child alone or in the
62	62	possession of another without providing adequate support of the
63	63	child and remained away for a period of at least six months;
64	64	(D) knowingly placed or knowingly allowed the
65	65	child to remain in conditions or surroundings that placed [which
66	66	endanger the physical or emotional well-being of] the child in
67	67	immediate danger of bodily injury, emotional injury, or physical
68	68	impairment, including encouraging, prompting, forcing, or allowing
69	69	a child to engage in human trafficking, sexual intercourse,
70	70	prostitution, or other behavior that a reasonable person would find
71	71	to be sexual activity, including activities for the production of
72	72	photographic, video, or other media that an ordinary, reasonable
73	73	person could construe as erotica or pornography, but not including
74	74	providing customary or reasonable age-appropriate education to the
75	75	child regarding human reproduction and ordinary safe dating
76	76	relationships;
77	77	(E) engaged in conduct or knowingly placed the
78	78	child with persons who engaged in conduct that placed [which
79	79	endangers the physical or emotional well-being of] the child in
80	80	immediate danger of bodily injury, emotional injury, or physical
81	81	impairment including encouraging, prompting, forcing, or allowing
82	82	a child to engage in human trafficking, sexual intercourse,
83	83	prostitution, or other behavior that a reasonable person would find
84	84	to be sexual activity, including activities for the production of
85	85	photographic, video, or other media that an ordinary, reasonable
86	86	person could construe as erotica or pornography, but not including
87	87	providing customary or reasonable age-appropriate education to the
88	88	child regarding human reproduction and ordinary safe dating
89	89	relationships;
90	90	(F) failed to support the child in accordance
91	91	with the parent's ability during a period of one year ending within
92	92	six months of the date of the filing of the petition;
93	93	(G) abandoned the child without identifying the
94	94	child or furnishing means of identification, and the child's
95	95	identity cannot be ascertained by the exercise of reasonable
96	96	diligence;
97	97	(H) voluntarily, and with knowledge of the
98	98	pregnancy, abandoned the mother of the child beginning at a time
99	99	during her pregnancy with the child and continuing through the
100	100	birth, failed to provide adequate support or medical care for the
101	101	mother during the period of abandonment before the birth of the
102	102	child, and remained apart from the child or failed to support the
103	103	child since the birth;
104	104	(I) contumaciously refused to submit to a
105	105	reasonable and lawful order of a court under Subchapter D, Chapter
106	106	261;
107	107	(J) [been the major cause of:
108	108	[(i) the failure of the child to be enrolled
109	109	in school as required by the Education Code; or
110	110	[(ii) the child's absence from the child's
111	111	home without the consent of the parents or guardian for a
112	112	substantial length of time or without the intent to return;
113	113	[(K)] executed before or after the suit is filed
114	114	an unrevoked or irrevocable affidavit of relinquishment of parental
115	115	rights as provided by this chapter;
116	116	(K) [(L)] been convicted or has been placed on
117	117	community supervision, including deferred adjudication community
118	118	supervision, for being criminally responsible for the death or
119	119	serious injury of a child under the following sections of the Penal
120	120	Code, or under a law of another jurisdiction that contains elements
121	121	that are substantially similar to the elements of an offense under
122	122	one of the following Penal Code sections, or adjudicated under
123	123	Title 3 for conduct that caused the death or serious injury of a
124	124	child and that would constitute a violation of one of the following
125	125	Penal Code sections:
126	126	(i) Section 19.02 (murder);
127	127	(ii) Section 19.03 (capital murder);
128	128	(iii) Section 19.04 (manslaughter);
129	129	(iv) Section 21.11 (indecency with a
130	130	child);
131	131	(v) Section 22.01 (assault);
132	132	(vi) Section 22.011 (sexual assault);
133	133	(vii) Section 22.02 (aggravated assault);
134	134	(viii) Section 22.021 (aggravated sexual
135	135	assault);
136	136	(ix) Section 22.04 (injury to a child,
137	137	elderly individual, or disabled individual);
138	138	(x) Section 22.041 (abandoning or
139	139	endangering child);
140	140	(xi) Section 25.02 (prohibited sexual
141	141	conduct);
142	142	(xii) Section 43.25 (sexual performance by
143	143	a child);
144	144	(xiii) Section 43.26 (possession or
145	145	promotion of child pornography);
146	146	(xiv) Section 21.02 (continuous sexual
147	147	abuse of young child or disabled individual);
148	148	(xv) Section 20A.02(a)(7) or (8)
149	149	(trafficking of persons); and
150	150	(xvi) Section 43.05(a)(2) (compelling
151	151	prostitution);
152	152	(L) [(M) had his or her parent-child
153	153	relationship terminated with respect to another child based on a
154	154	finding that the parent's conduct was in violation of Paragraph (D)
155	155	or (E) or substantially equivalent provisions of the law of another
156	156	state;
157	157	[(N)] constructively abandoned the child who has
158	158	been in the permanent or temporary managing conservatorship of the
159	159	Department of Family and Protective Services for not less than 12
160	160	[six] months, and:
161	161	(i) the department has made reasonable
162	162	efforts to return the child to the parent;
163	163	(ii) if able, the parent has not regularly
164	164	visited or maintained significant contact with the child; and
165	165	(iii) the parent has demonstrated an
166	166	inability to provide the child with a safe environment;
167	167	(M) [(O) failed to comply with the provisions of
168	168	a court order that specifically established the actions necessary
169	169	for the parent to obtain the return of the child who has been in the
170	170	permanent or temporary managing conservatorship of the Department
171	171	of Family and Protective Services for not less than nine months as a
172	172	result of the child's removal from the parent under Chapter 262 for
173	173	the abuse or neglect of the child;
174	174	[(P)] used alcohol or a controlled substance, as
175	175	defined by Chapter 481, Health and Safety Code, in a manner that
176	176	endangered the health or safety of the child, including giving
177	177	birth to a child born addicted to alcohol or a controlled substance,
178	178	and:
179	179	(i) failed to complete a court-ordered
180	180	substance abuse treatment program; or
181	181	(ii) after completion of a court-ordered
182	182	substance abuse treatment program, continued to abuse a controlled
183	183	substance;
184	184	(N) [(Q)] knowingly engaged in criminal conduct
185	185	that has resulted in the parent's:
186	186	(i) conviction of an offense; and
187	187	(ii) confinement or imprisonment and
188	188	inability to care for the child for not less than two years from the
189	189	date of filing the petition;
190	190	(O) [(R) been the cause of the child being born
191	191	addicted to alcohol or a controlled substance, other than a
192	192	controlled substance legally obtained by prescription;
193	193	[(S)] voluntarily delivered the child to a
194	194	designated emergency infant care provider under Section 262.302
195	195	without expressing an intent to return for the child;
196	196	(P) [(T)] been convicted of:
197	197	(i) the murder of the other parent of the
198	198	child under Section 19.02 or 19.03, Penal Code, or under a law of
199	199	another state, federal law, the law of a foreign country, or the
200	200	Uniform Code of Military Justice that contains elements that are
201	201	substantially similar to the elements of an offense under Section
202	202	19.02 or 19.03, Penal Code;
203	203	(ii) criminal attempt under Section 15.01,
204	204	Penal Code, or under a law of another state, federal law, the law of
205	205	a foreign country, or the Uniform Code of Military Justice that
206	206	contains elements that are substantially similar to the elements of
207	207	an offense under Section 15.01, Penal Code, to commit the offense
208	208	described by Subparagraph (i);
209	209	(iii) criminal solicitation under Section
210	210	15.03, Penal Code, or under a law of another state, federal law, the
211	211	law of a foreign country, or the Uniform Code of Military Justice
212	212	that contains elements that are substantially similar to the
213	213	elements of an offense under Section 15.03, Penal Code, of the
214	214	offense described by Subparagraph (i); or
215	215	(iv) the sexual assault of the other parent
216	216	of the child under Section 22.011 or 22.021, Penal Code, or under a
217	217	law of another state, federal law, or the Uniform Code of Military
218	218	Justice that contains elements that are substantially similar to
219	219	the elements of an offense under Section 22.011 or 22.021, Penal
220	220	Code; or
221	221	(Q) [(U)] been placed on community supervision,
222	222	including deferred adjudication community supervision, or another
223	223	functionally equivalent form of community supervision or
224	224	probation, for being criminally responsible for the sexual assault
225	225	of the other parent of the child under Section 22.011 or 22.021,
226	226	Penal Code, or under a law of another state, federal law, or the
227	227	Uniform Code of Military Justice that contains elements that are
228	228	substantially similar to the elements of an offense under Section
229	229	22.011 or 22.021, Penal Code; and
230	230	(2) that termination is in the best interest of the
231	231	child.
232	232	(c) Evidence of one or more of the following does not
233	233	constitute [clear and convincing] evidence beyond a reasonable
234	234	doubt sufficient for a court to make a finding under Subsection (b)
235	235	and order termination of the parent-child relationship:
236	236	(1) the parent homeschooled the child;
237	237	(2) the parent is economically disadvantaged;
238	238	(3) the parent has been charged with a nonviolent
239	239	misdemeanor offense other than:
240	240	(A) an offense under Title 5, Penal Code;
241	241	(B) an offense under Title 6, Penal Code; or
242	242	(C) an offense that involves family violence, as
243	243	defined by Section 71.004 of this code;
244	244	(4) the parent provided or administered low-THC
245	245	cannabis to a child for whom the low-THC cannabis was prescribed
246	246	under Chapter 169, Occupations Code;
247	247	(5) the parent declined immunization for the child for
248	248	reasons of conscience, including a religious belief; [or]
249	249	(6) the parent sought an opinion from more than one
250	250	medical provider relating to the child's medical care, transferred
251	251	the child's medical care to a new medical provider, or transferred
252	252	the child to another health care facility;
253	253	(7) [(6)] the parent allowed the child to engage in
254	254	independent activities that are appropriate and typical for the
255	255	child's level of maturity, physical condition, developmental
256	256	abilities, or culture; or
257	257	(8) the parent tested positive for marihuana, unless
258	258	the department has evidence that the parent's use of marihuana has
259	259	caused an immediate danger to the child's physical or mental health
260	260	or emotional development.
261	261	[(d) A court may not order termination under Subsection
262	262	(b)(1)(O) based on the failure by the parent to comply with a
263	263	specific provision of a court order if a parent proves by a
264	264	preponderance of evidence that:
265	265	[(1) the parent was unable to comply with specific
266	266	provisions of the court order; and
267	267	[(2) the parent made a good faith effort to comply with
268	268	the order and the failure to comply with the order is not
269	269	attributable to any fault of the parent.
270	270	[(d-1) The court may not order termination under Subsection
271	271	(b)(1)(M) unless the petition for the termination of the
272	272	parent-child relationship is filed not later than the first
273	273	anniversary of the date the department or an equivalent agency in
274	274	another state was granted managing conservatorship of a child in
275	275	the case that resulted in the termination of the parent-child
276	276	relationship with respect to that child based on a finding that the
277	277	parent's conduct violated Subsection (b)(1)(D) or (E) or
278	278	substantially equivalent provisions of the law of another state.]
279	279	(e) This section does not prohibit the Department of Family
280	280	and Protective Services from offering evidence described by
281	281	Subsection (c) as part of an action to terminate the parent-child
282	282	relationship under this subchapter.
283	283	(f) In a suit for termination of the parent-child
284	284	relationship filed by the Department of Family and Protective
285	285	Services, the court may not order termination of the parent-child
286	286	relationship under Subsections (b)(1)(A)-(N) unless the court
287	287	makes written findings that:
288	288	(1) the department made reasonable efforts to return
289	289	the child to the parent before commencement of a trial on the merits
290	290	and despite those reasonable efforts, a continuing danger remains
291	291	in the home that prevents the return of the child to the parent; or
292	292	(2) reasonable efforts to return the child to the
293	293	parent, including the requirement for the department to provide a
294	294	family service plan to the parent, have been waived under Section
295	295	262.2015.
296	296	(g) In a suit for termination of the parent-child
297	297	relationship filed by the Department of Family and Protective
298	298	Services in which the department made reasonable efforts to return
299	299	the child to the child's home but a continuing danger in the home
300	300	prevented the child's return, the court shall include in its order
301	301	written findings detailing the reasonable efforts the department
302	302	made to return the child to the child's home.
303	303	(h) A court may order termination of a parent-child
304	304	relationship under this section only if a jury unanimously agrees
305	305	that the parent-child relationship should be terminated.
306	306	SECTION 3. The changes in law made by this Act apply to a
307	307	suit affecting the parent-child relationship that is filed on or
308	308	after the effective date of this Act. A suit filed before the
309	309	effective date of this Act is governed by the law in effect on the
310	310	date that the suit is filed, and the former law is continued in
311	311	effect for that purpose.
312	312	SECTION 4. To the extent of any conflict, this Act prevails
313	313	over another Act of the 88th Legislature, Regular Session, 2023,
314	314	relating to nonsubstantive additions to and corrections in enacted
315	315	codes.
316	316	SECTION 5. This Act takes effect September 1, 2023.