Texas 2025 - 89th Regular

Texas House Bill HB3282 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Dutton H.B. No. 3282
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to certain procedures in suits affecting the parent-child
9	9	relationship filed by the Department of Family and Protective
10	10	Services.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 161.101, Family Code, is amended by
13	13	adding Subsections (c), (d), and (e) to read as follows:
14	14	(c) The Department of Family and Protective Services may not
15	15	file a petition for the termination of the parent-child
16	16	relationship unless:
17	17	(1) the child has been in the temporary managing
18	18	conservatorship of the department for at least 15 of the previous 22
19	19	months;
20	20	(2) the child is under two years of age and the court
21	21	has previously determined that the child was abandoned; or
22	22	(3) the department petition alleges aggravated
23	23	circumstances under Section 262.2015 against the parent.
24	24	(d) Notwithstanding Subsection (c), the Department of
25	25	Family and Protective Services may not file a petition for the
26	26	termination of the parent-child relationship if:
27	27	(1) the child is being cared for by a relative;
28	28	(2) the department finds a compelling reason why
29	29	termination of the parent-child relationship is not in the child's
30	30	best interests and documents that reason in the family service
31	31	plan;
32	32	(3) the court made a finding during the preceding 12
33	33	months that the department failed to make reasonable efforts to
34	34	reunite the child and family; or
35	35	(4) the parent is incarcerated, or the parent's
36	36	previous incarceration is a significant factor in the duration of
37	37	the department's conservatorship of the child, and the parent
38	38	maintains a meaningful role in the child's life, and the department
39	39	has not documented another reason why it would otherwise be
40	40	appropriate to terminate parental rights.
41	41	(e) The assessment of whether a parent maintains a
42	42	meaningful role in the child's life for purposes of Subsection
43	43	(d)(4) may include consideration of:
44	44	(1) the child's best interests;
45	45	(2) the parent's concern for the child, demonstrated
46	46	in letters, telephone calls, visits, and other forms of
47	47	communication and the impact of the communication with the child;
48	48	(3) the parent's efforts to:
49	49	(A) communicate with and work with the department
50	50	for the purpose of complying with the family service plan; and
51	51	(B) repair, maintain, or build the parent-child
52	52	relationship;
53	53	(4) limitations on the parent's access to family
54	54	support programs, therapeutic services, visiting opportunities,
55	55	and telephone and mail services; and
56	56	(5) limitations on the parent's ability to
57	57	meaningfully participate in court proceedings.
58	58	SECTION 2. The heading to Section 263.401, Family Code, is
59	59	amended to read as follows:
60	60	Sec. 263.401. DISMISSAL AFTER TWO YEARS [ONE YEAR]; NEW
61	61	TRIALS; EXTENSION.
62	62	SECTION 3. Sections 263.401(a) and (b), Family Code, are
63	63	amended to read as follows:
64	64	(a) Unless the court has commenced the trial on the merits
65	65	or granted an extension under Subsection (b) or (b-1), on the first
66	66	Monday after the second [first] anniversary of the date the court
67	67	rendered a temporary order appointing the department as temporary
68	68	managing conservator, the court's jurisdiction over the suit
69	69	affecting the parent-child relationship filed by the department
70	70	that requests termination of the parent-child relationship or
71	71	requests that the department be named conservator of the child is
72	72	terminated and all pleadings filed by a party are [the suit is]
73	73	automatically dismissed without a court order. Not later than the
74	74	60th day before the day the suit and all pleadings belonging to a
75	75	party are [is] automatically dismissed, the court shall notify all
76	76	parties to the suit of the automatic dismissal date.
77	77	(b) Unless the court has commenced the trial on the merits,
78	78	the court may not retain the suit on the court's docket after the
79	79	time described by Subsection (a) unless a parent files a motion to
80	80	extend time or a motion pursuant to Section 263.403 and the court
81	81	finds that extraordinary circumstances necessitate the child
82	82	remaining in the temporary managing conservatorship of the
83	83	department and that continuing the appointment of the department as
84	84	temporary managing conservator is in the best interest of the
85	85	child. If the court makes those findings, the court may retain the
86	86	suit on the court's docket for a period not to exceed 180 days after
87	87	the time described by Subsection (a). If the court retains the suit
88	88	on the court's docket, the court shall render an order in which the
89	89	court:
90	90	(1) schedules the new date on which the suit will be
91	91	automatically dismissed if the trial on the merits has not
92	92	commenced, which date must be not later than the 180th day after the
93	93	time described by Subsection (a);
94	94	(2) makes further temporary orders for the safety and
95	95	welfare of the child as necessary to avoid further delay in
96	96	resolving the suit; and
97	97	(3) sets the trial on the merits on a date not later
98	98	than the date specified under Subdivision (1).
99	99	SECTION 4. The changes in law made by this Act apply to a
100	100	suit affecting the parent-child relationship that is pending in a
101	101	trial court on the effective date of this Act or that is filed on or
102	102	after the effective date of this Act.
103	103	SECTION 5. This Act takes effect September 1, 2025.