| 1 | 1 | | By: Zaffirini S.B. No. 885 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the grounds for terminating and reinstating a person's |
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| 7 | 7 | | parental rights and the adoption of certain children. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 161.001, Family Code, is amended by |
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| 10 | 10 | | adding Subsections (b-1) and (b-2) to read as follows: |
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| 11 | 11 | | (b-1) If a parent has had a protective order issued against |
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| 12 | 12 | | the parent under Chapter 85 and the court issuing the protective |
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| 13 | 13 | | order made a finding under Section 85.025(a-1)(1) that the parent |
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| 14 | 14 | | committed an act constituting an offense involving family violence, |
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| 15 | 15 | | the court may order termination of the parent-child relationship if |
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| 16 | 16 | | the court finds by clear and convincing evidence that: |
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| 17 | 17 | | (1) the parent committed an act constituting an |
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| 18 | 18 | | offense listed under Subsection (b)(1)(L); and |
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| 19 | 19 | | (2) termination is in the best interest of the child. |
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| 20 | 20 | | (b-2) In determining whether to order termination under |
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| 21 | 21 | | Subsection (b-1), the court may consider any evidence offered in |
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| 22 | 22 | | the hearing under Subtitle B, Title 4, that resulted in the court |
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| 23 | 23 | | issuing the protective order. |
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| 24 | 24 | | SECTION 2. Section 161.302(b), Family Code, is amended to |
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| 25 | 25 | | read as follows: |
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| 26 | 26 | | (b) Except as provided by Section 161.305, a [A] petition |
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| 27 | 27 | | for the reinstatement of parental rights may be filed under this |
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| 28 | 28 | | subchapter only if: |
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| 29 | 29 | | (1) the termination of parental rights resulted from a |
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| 30 | 30 | | suit filed by the department; |
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| 31 | 31 | | (2) at least two years have passed since the issuance |
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| 32 | 32 | | of the order terminating the former parent's parental rights and an |
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| 33 | 33 | | appeal of the order is not pending; |
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| 34 | 34 | | (3) the child has not been adopted; |
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| 35 | 35 | | (4) the child is not the subject of an adoption |
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| 36 | 36 | | placement agreement; and |
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| 37 | 37 | | (5) the petitioner has provided the notice required by |
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| 38 | 38 | | Subsection (d), if the petitioner is the former parent whose |
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| 39 | 39 | | parental rights are sought to be reinstated. |
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| 40 | 40 | | SECTION 3. Subchapter D, Chapter 161, Family Code, is |
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| 41 | 41 | | amended by adding Section 161.305 to read as follows: |
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| 42 | 42 | | Sec. 161.305. CERTAIN PETITIONS FOR REINSTATEMENT. (a) A |
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| 43 | 43 | | former parent whose parental rights have been terminated under |
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| 44 | 44 | | Section 161.001(b-1) may file a petition under this subchapter to |
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| 45 | 45 | | reinstate the former parent's parental rights. |
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| 46 | 46 | | (b) The court shall grant a petition under this section |
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| 47 | 47 | | without a hearing and order the reinstatement of the former |
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| 48 | 48 | | parent's parental rights if the petition demonstrates that the act |
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| 49 | 49 | | upon which the decision to terminate the former parent's parental |
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| 50 | 50 | | rights is based did not result in the former parent being criminally |
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| 51 | 51 | | adjudicated in the manner required for termination under Section |
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| 52 | 52 | | 161.001(b)(1)(L). |
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| 53 | 53 | | SECTION 4. Section 162.001, Family Code, is amended by |
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| 54 | 54 | | adding Subsection (d) to read as follows: |
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| 55 | 55 | | (d) The child of a parent whose parental rights have been |
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| 56 | 56 | | terminated under Section 161.001(b-1) may not be adopted unless the |
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| 57 | 57 | | parent has subsequently been criminally adjudicated in the manner |
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| 58 | 58 | | required by Section 161.001(b)(1)(L) for the act upon which the |
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| 59 | 59 | | decision to terminate the parent's parental rights is based. |
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| 60 | 60 | | SECTION 5. The change in law made by this Act applies only |
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| 61 | 61 | | to a suit affecting the parent-child relationship filed on or after |
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| 62 | 62 | | the effective date of this Act. A suit affecting the parent-child |
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| 63 | 63 | | relationship filed before the effective date of this Act is |
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| 64 | 64 | | governed by the law in effect on the date the suit was filed, and the |
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| 65 | 65 | | former law is continued in effect for that purpose. |
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| 66 | 66 | | SECTION 6. This Act takes effect September 1, 2023. |
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