Texas 2025 - 89th Regular

Texas House Bill HB3281 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	89R25683 KRM-D
2		-	By: Dutton, Hull H.B. No. 3281
3		-	Substitute the following for H.B. No. 3281:
4		-	By: Schofield C.S.H.B. No. 3281
	1	+	By: Dutton H.B. No. 3281
5	2
6	3
7	4
8	5
9	6		A BILL TO BE ENTITLED
10	7		AN ACT
11	8		relating to procedures and grounds for termination of the
12	9		parent-child relationship.
13	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	11		SECTION 1. Section 154.001(a-1), Family Code, is amended to
15	12		read as follows:
16	13		(a-1) The court may order each person who is financially
17	14		able and whose parental rights have been terminated with respect to
18	15		a child in substitute care for whom the department has been
19	16		appointed managing conservator, a child for a reason described by
20		-	Section 161.001(b)(1)(Q)(iv) [161.001(b)(1)(T)(iv)] or (b)(1)(R)
	17	+	Section 161.001(b)(1)(P)(iv) [161.001(b)(1)(T)(iv)] or (b)(1)(Q)
21	18		[(b)(1)(U)], or a child who was conceived as a direct result of
22	19		conduct that constitutes an offense under Section 21.02, 22.011,
23	20		22.021, or 25.02, Penal Code, to support the child in the manner
24	21		specified by the order:
25	22		(1) until the earliest of:
26	23		(A) the child's adoption;
27	24		(B) the child's 18th birthday or graduation from
28	25		high school, whichever occurs later;
29	26		(C) removal of the child's disabilities of
30	27		minority by court order, marriage, or other operation of law; or
31	28		(D) the child's death; or
32	29		(2) if the child is disabled as defined in this
33	30		chapter, for an indefinite period.
34	31		SECTION 2. Sections 161.001(b), (c), (f), and (g), Family
35	32		Code, are amended to read as follows:
36	33		(b) The court may order termination of the parent-child
37	34		relationship if the court finds beyond a reasonable doubt [by clear
38	35		and convincing evidence]:
39	36		(1) that the parent has:
40	37		(A) voluntarily left the child alone or in the
41	38		possession of another not the parent and expressed an intent not to
42	39		return;
43	40		(B) voluntarily left the child alone or in the
44	41		possession of another not the parent without expressing an intent
45	42		to return, without providing for the adequate support of the child,
46	43		and remained away for a period of at least three months;
47	44		(C) voluntarily left the child alone or in the
48	45		possession of another without providing adequate support of the
49	46		child and remained away for a period of at least six months;
50	47		(D) knowingly placed or knowingly allowed the
51	48		child to remain in conditions or surroundings that placed [which
52	49		endanger the physical or emotional well-being of] the child in
53		-	immediate danger such that continuation of the parent-child
54		-	relationship is likely to result in physical injury or serious
55		-	emotional injury to the child;
	50	+	immediate danger that resulted in serious bodily injury or physical
	51	+	or mental impairment;
56	52		(E) engaged in conduct or knowingly placed the
57	53		child with persons who engaged in conduct that placed [which
58	54		endangers the physical or emotional well-being of] the child in
59		-	immediate danger such that continuation of the parent-child
60		-	relationship is likely to result in physical injury or serious
61		-	emotional injury to the child;
	55	+	immediate danger that resulted in serious bodily injury or physical
	56	+	or mental impairment;
62	57		(F) failed to support the child in accordance
63	58		with the parent's ability during a period of one year ending within
64	59		six months of the date of the filing of the petition;
65	60		(G) abandoned the child without identifying the
66	61		child or furnishing means of identification, and the child's
67	62		identity cannot be ascertained by the exercise of reasonable
68	63		diligence;
69	64		(H) voluntarily, and with knowledge of the
70	65		pregnancy, abandoned the mother of the child beginning at a time
71	66		during her pregnancy with the child and continuing through the
72	67		birth, failed to provide adequate support or medical care for the
73	68		mother during the period of abandonment before the birth of the
74	69		child, and remained apart from the child or failed to support the
75	70		child since the birth;
76	71		(I) contumaciously refused to submit to a
77	72		reasonable and lawful order of a court under Subchapter D, Chapter
78	73		261;
79	74		(J) [been the major cause of:
80	75		[(i) the failure of the child to be enrolled
81	76		in school as required by the Education Code; or
82	77		[(ii) the child's absence from the child's
83	78		home without the consent of the parents or guardian for a
84	79		substantial length of time or without the intent to return;
85	80		[(K)] executed before or after the suit is filed
86	81		an unrevoked or irrevocable affidavit of relinquishment of parental
87	82		rights as provided by this chapter;
88	83		(K) [(L)] been convicted or has been placed on
89	84		community supervision, including deferred adjudication community
90	85		supervision, for being criminally responsible for the death or
91	86		serious injury of a child under the following sections of the Penal
92	87		Code, or under a law of another jurisdiction that contains elements
93	88		that are substantially similar to the elements of an offense under
94	89		one of the following Penal Code sections, or adjudicated under
95	90		Title 3 for conduct that caused the death or serious injury of a
96	91		child and that would constitute a violation of one of the following
97	92		Penal Code sections:
98	93		(i) Section 19.02 (murder);
99	94		(ii) Section 19.03 (capital murder);
100	95		(iii) Section 19.04 (manslaughter);
101	96		(iv) Section 21.11 (indecency with a
102	97		child);
103	98		(v) Section 22.01 (assault);
104	99		(vi) Section 22.011 (sexual assault);
105	100		(vii) Section 22.02 (aggravated assault);
106	101		(viii) Section 22.021 (aggravated sexual
107	102		assault);
108	103		(ix) Section 22.04 (injury to a child,
109	104		elderly individual, or disabled individual);
110	105		(x) Section 22.041 (abandoning or
111	106		endangering a child, elderly individual, or disabled individual);
112	107		(xi) Section 25.02 (prohibited sexual
113	108		conduct);
114	109		(xii) Section 43.25 (sexual performance by
115	110		a child);
116	111		(xiii) Section 43.26 (possession or
117	112		promotion of child pornography);
118	113		(xiv) Section 21.02 (continuous sexual
119	114		abuse of young child or disabled individual);
120	115		(xv) Section 20A.02(a)(7) or (8)
121	116		(trafficking of persons); and
122	117		(xvi) Section 43.05(a)(2) (compelling
123	118		prostitution);
124		-	(L) [(M) had his or her parent-child
125		-	relationship terminated with respect to another child based on a
126		-	finding that the parent's conduct was in violation of Paragraph (D)
127		-	or (E) or substantially equivalent provisions of the law of another
128		-	state;
129		-	[(N)] constructively abandoned the child for at
130		-	least six consecutive months while the child was [who has been] in
131		-	the permanent or temporary managing conservatorship of the
132		-	Department of Family and Protective Services [for not less than six
133		-	months], and:
134		-	(i) the department has made reasonable
135		-	efforts to return the child to the parent; and
136		-	(ii) the parent has not [regularly] visited
137		-	or maintained [significant] contact with the child; [and
	119	+	[(M) had his or her parent-child relationship
	120	+	terminated with respect to another child based on a finding that the
	121	+	parent's conduct was in violation of Paragraph (D) or (E) or
	122	+	substantially equivalent provisions of the law of another state;
	123	+	[(N) constructively abandoned the child who has
	124	+	been in the permanent or temporary managing conservatorship of the
	125	+	Department of Family and Protective Services for not less than six
	126	+	months, and:
	127	+	[(i) the department has made reasonable
	128	+	efforts to return the child to the parent;
	129	+	[(ii) the parent has not regularly visited
	130	+	or maintained significant contact with the child; and
138	131		[(iii) the parent has demonstrated an
139	132		inability to provide the child with a safe environment;
140	133		[(O) failed to comply with the provisions of a
141	134		court order that specifically established the actions necessary for
142	135		the parent to obtain the return of the child who has been in the
143	136		permanent or temporary managing conservatorship of the Department
144	137		of Family and Protective Services for not less than nine months as a
145	138		result of the child's removal from the parent under Chapter 262 for
146	139		the abuse or neglect of the child;]
147		-	(M) [(P)] used a controlled substance, as
	140	+	(L) [(P)] used a controlled substance, as
148	141		defined by Chapter 481, Health and Safety Code, in a manner that
149	142		placed [endangered the health or safety of] the child in immediate
150		-	danger such that continuation of the parent-child relationship is
151		-	likely to result in physical injury or serious emotional injury to
152		-	the child, and:
	143	+	danger that resulted in serious bodily injury or physical or mental
	144	+	impairment, and:
153	145		(i) failed to complete a court-ordered
154	146		substance abuse treatment program; or
155	147		(ii) after completion of a court-ordered
156	148		substance abuse treatment program, continued to abuse a controlled
157	149		substance;
158		-	(N) [(Q)] knowingly engaged in criminal conduct
	150	+	(M) [(Q)] knowingly engaged in criminal conduct
159	151		that has resulted in the parent's:
160	152		(i) conviction of an offense; and
161	153		(ii) confinement or imprisonment and
162	154		inability to care for the child for not less than two years from the
163	155		date of filing the petition;
164		-	(O) [(R)] been the cause of the child being born
	156	+	(N) [(R)] been the cause of the child being born
165	157		addicted to alcohol or a controlled substance, other than a
166	158		controlled substance legally obtained by prescription;
167		-	(P) [(S)] voluntarily delivered the child to a
	159	+	(O) [(S)] voluntarily delivered the child to a
168	160		designated emergency infant care provider under Section 262.302
169	161		without expressing an intent to return for the child;
170		-	(Q) [(T)] been convicted of:
	162	+	(P) [(T)] been convicted of:
171	163		(i) the murder of the other parent of the
172	164		child under Section 19.02 or 19.03, Penal Code, or under a law of
173	165		another state, federal law, the law of a foreign country, or the
174	166		Uniform Code of Military Justice that contains elements that are
175	167		substantially similar to the elements of an offense under Section
176	168		19.02 or 19.03, Penal Code;
177	169		(ii) criminal attempt under Section 15.01,
178	170		Penal Code, or under a law of another state, federal law, the law of
179	171		a foreign country, or the Uniform Code of Military Justice that
180	172		contains elements that are substantially similar to the elements of
181	173		an offense under Section 15.01, Penal Code, to commit the offense
182	174		described by Subparagraph (i);
183	175		(iii) criminal solicitation under Section
184	176		15.03, Penal Code, or under a law of another state, federal law, the
185	177		law of a foreign country, or the Uniform Code of Military Justice
186	178		that contains elements that are substantially similar to the
187	179		elements of an offense under Section 15.03, Penal Code, of the
188	180		offense described by Subparagraph (i); or
189	181		(iv) the sexual assault of the other parent
190	182		of the child under Section 22.011 or 22.021, Penal Code, or under a
191	183		law of another state, federal law, or the Uniform Code of Military
192	184		Justice that contains elements that are substantially similar to
193	185		the elements of an offense under Section 22.011 or 22.021, Penal
194	186		Code;
195		-	(R) [(U)] been placed on community supervision,
	187	+	(Q) [(U)] been placed on community supervision,
196	188		including deferred adjudication community supervision, or another
197	189		functionally equivalent form of community supervision or
198	190		probation, for being criminally responsible for the sexual assault
199	191		of the other parent of the child under Section 22.011 or 22.021,
200	192		Penal Code, or under a law of another state, federal law, or the
201	193		Uniform Code of Military Justice that contains elements that are
202	194		substantially similar to the elements of an offense under Section
203	195		22.011 or 22.021, Penal Code; or
204		-	(S) [(V)] been convicted of:
	196	+	(R) [(V)] been convicted of:
205	197		(i) criminal solicitation of a minor under
206	198		Section 15.031, Penal Code, or under a law of another state, federal
207	199		law, the law of a foreign country, or the Uniform Code of Military
208	200		Justice that contains elements that are substantially similar to
209	201		the elements of an offense under Section 15.031, Penal Code; or
210	202		(ii) online solicitation of a minor under
211	203		Section 33.021, Penal Code, or under a law of another state, federal
212	204		law, the law of a foreign country, or the Uniform Code of Military
213	205		Justice that contains elements that are substantially similar to
214	206		the elements of an offense under Section 33.021, Penal Code; and
215	207		(2) that termination is in the best interest of the
216	208		child.
217	209		(c) Evidence of one or more of the following does not
218	210		provide proof beyond a reasonable doubt and is not [constitute
219	211		clear and convincing evidence] sufficient for a court to make a
220	212		finding under Subsection (b) and order termination of the
221	213		parent-child relationship:
222	214		(1) the parent homeschooled the child;
223	215		(2) the parent is economically disadvantaged;
224	216		(3) the parent has been charged with a nonviolent
225	217		misdemeanor offense other than:
226	218		(A) an offense under Title 5, Penal Code;
227	219		(B) an offense under Title 6, Penal Code; or
228	220		(C) an offense that involves family violence, as
229	221		defined by Section 71.004 of this code;
230	222		(4) the parent provided or administered low-THC
231	223		cannabis to a child for whom the low-THC cannabis was prescribed
232	224		under Chapter 169, Occupations Code;
233	225		(5) the parent declined immunization for the child for
234	226		reasons of conscience, including a religious belief;
235	227		(6) the parent sought an opinion from more than one
236	228		medical provider relating to the child's medical care, transferred
237	229		the child's medical care to a new medical provider, or transferred
238	230		the child to another health care facility; or
239	231		(7) the parent allowed the child to engage in
240	232		independent activities that are appropriate and typical for the
241	233		child's level of maturity, physical condition, developmental
242	234		abilities, or culture.
243	235		(f) In a suit for termination of the parent-child
244	236		relationship filed by the Department of Family and Protective
245	237		Services, the court may not order termination of the parent-child
246	238		relationship under Subsection (b)(1) unless the court finds proof
247	239		beyond a reasonable doubt [by clear and convincing evidence] and
248	240		describes in writing with specificity in a separate section of the
249	241		order that:
250	242		(1) the department made reasonable efforts to return
251	243		the child to the parent before commencement of a trial on the merits
252	244		and despite those reasonable efforts, a continuing danger remains
253	245		in the home that prevents the return of the child to the parent; or
254	246		(2) reasonable efforts to return the child to the
255	247		parent, including the requirement for the department to provide a
256	248		family service plan to the parent, have been waived under Section
257	249		262.2015.
258	250		(g) In a suit for termination of the parent-child
259	251		relationship filed by the Department of Family and Protective
260	252		Services in which the department made reasonable efforts to return
261	253		the child to the child's home but a continuing danger in the home
262	254		prevented the child's return, the court shall include in a separate
263	255		section of its order written findings describing with specificity:
264	256		(1) the reasonable efforts the department made to
265	257		return the child to the child's home; and
266	258		(2) the continuing danger that remains in the home
267	259		that prevents the return of the child to the parent.
268	260		SECTION 3. Section 161.007(a), Family Code, is amended to
269	261		read as follows:
270	262		(a) Except as provided by Subsection (b), the court shall
271	263		order the termination of the parent-child relationship of a parent
272	264		and a child if the court finds proof beyond a reasonable doubt [by
273	265		clear and convincing evidence] that:
274	266		(1) the parent has engaged in conduct that constitutes
275	267		an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal
276	268		Code;
277	269		(2) as a direct result of the conduct described by
278	270		Subdivision (1), the victim of the conduct became pregnant with the
279	271		parent's child; and
280	272		(3) termination is in the best interest of the child.
281	273		SECTION 4. Sections 161.206(a) and (a-1), Family Code, are
282	274		amended to read as follows:
283	275		(a) If the court finds proof beyond a reasonable doubt of
284	276		[by clear and convincing evidence] grounds for termination of the
285		-	parent-child relationship, it ~~may [~~shall] render an order
286		-	~~terminating the~~ parent-child relationship.
	277	+	parent-child relationship, it shall render an order terminating the
	278	+	parent-child relationship.
287	279		(a-1) In a suit filed by the Department of Family and
288	280		Protective Services seeking termination of the parent-child
289	281		relationship for more than one parent of the child, the court may
290	282		order termination of the parent-child relationship for the parent
291	283		only if the court finds proof beyond a reasonable doubt of [by clear
292	284		and convincing evidence] grounds for the termination of the
293	285		parent-child relationship for that parent.
294	286		SECTION 5. Section 161.302(a), Family Code, is amended to
295	287		read as follows:
296	288		(a) The following persons may file a petition under this
297	289		subchapter requesting the court to reinstate the parental rights of
298	290		a former parent whose parental rights were involuntarily terminated
299	291		under Section 161.001 [or 161.003]:
300	292		(1) the department;
301	293		(2) the single source continuum contractor under
302	294		Subchapter B-1, Chapter 264, with responsibility for the child who
303	295		is the subject of the petition;
304	296		(3) the attorney ad litem for the child who is the
305	297		subject of the petition; or
306	298		(4) the former parent whose parental rights were
307	299		involuntarily terminated.
308	300		SECTION 6. The following provisions of the Family Code are
309	301		repealed:
310	302		(1) Sections 161.001(d) and (d-1);
311	303		(2) Section 161.003; and
312	304		(3) Section 264.101(b).
313	305		SECTION 7. The changes in law made by this Act apply only to
314	306		a suit affecting the parent-child relationship that is filed on or
315	307		after the effective date of this Act. A suit filed before the
316	308		effective date of this Act is governed by the law in effect on the
317	309		date the suit is filed, and the former law is continued in effect
318	310		for that purpose.
319	311		SECTION 8. This Act takes effect September 1, 2025.