By: Dutton H.B. No. 3282
A BILL TO BE ENTITLED
AN ACT
relating to certain procedures in suits affecting the parent-child
relationship filed by the Department of Family and Protective
Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 161.101, Family Code, is amended by
adding Subsections (c), (d), and (e) to read as follows:
(c) The Department of Family and Protective Services may not
file a petition for the termination of the parent-child
relationship unless:
(1) the child has been in the temporary managing
conservatorship of the department for at least 15 of the previous 22
months;
(2) the child is under two years of age and the court
has previously determined that the child was abandoned; or
(3) the department petition alleges aggravated
circumstances under Section 262.2015 against the parent.
(d) Notwithstanding Subsection (c), the Department of
Family and Protective Services may not file a petition for the
termination of the parent-child relationship if:
(1) the child is being cared for by a relative;
(2) the department finds a compelling reason why
termination of the parent-child relationship is not in the child's
best interests and documents that reason in the family service
plan;
(3) the court made a finding during the preceding 12
months that the department failed to make reasonable efforts to
reunite the child and family; or
(4) the parent is incarcerated, or the parent's
previous incarceration is a significant factor in the duration of
the department's conservatorship of the child, and the parent
maintains a meaningful role in the child's life, and the department
has not documented another reason why it would otherwise be
appropriate to terminate parental rights.
(e) The assessment of whether a parent maintains a
meaningful role in the child's life for purposes of Subsection
(d)(4) may include consideration of:
(1) the child's best interests;
(2) the parent's concern for the child, demonstrated
in letters, telephone calls, visits, and other forms of
communication and the impact of the communication with the child;
(3) the parent's efforts to:
(A) communicate with and work with the department
for the purpose of complying with the family service plan; and
(B) repair, maintain, or build the parent-child
relationship;
(4) limitations on the parent's access to family
support programs, therapeutic services, visiting opportunities,
and telephone and mail services; and
(5) limitations on the parent's ability to
meaningfully participate in court proceedings.
SECTION 2. The heading to Section 263.401, Family Code, is
amended to read as follows:
Sec. 263.401. DISMISSAL AFTER TWO YEARS [ONE YEAR]; NEW
TRIALS; EXTENSION.
SECTION 3. Sections 263.401(a) and (b), Family Code, are
amended to read as follows:
(a) Unless the court has commenced the trial on the merits
or granted an extension under Subsection (b) or (b-1), on the first
Monday after the second [first] anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over the suit
affecting the parent-child relationship filed by the department
that requests termination of the parent-child relationship or
requests that the department be named conservator of the child is
terminated and all pleadings filed by a party are [the suit is]
automatically dismissed without a court order. Not later than the
60th day before the day the suit and all pleadings belonging to a
party are [is] automatically dismissed, the court shall notify all
parties to the suit of the automatic dismissal date.
(b) Unless the court has commenced the trial on the merits,
the court may not retain the suit on the court's docket after the
time described by Subsection (a) unless a parent files a motion to
extend time or a motion pursuant to Section 263.403 and the court
finds that extraordinary circumstances necessitate the child
remaining in the temporary managing conservatorship of the
department and that continuing the appointment of the department as
temporary managing conservator is in the best interest of the
child. If the court makes those findings, the court may retain the
suit on the court's docket for a period not to exceed 180 days after
the time described by Subsection (a). If the court retains the suit
on the court's docket, the court shall render an order in which the
court:
(1) schedules the new date on which the suit will be
automatically dismissed if the trial on the merits has not
commenced, which date must be not later than the 180th day after the
time described by Subsection (a);
(2) makes further temporary orders for the safety and
welfare of the child as necessary to avoid further delay in
resolving the suit; and
(3) sets the trial on the merits on a date not later
than the date specified under Subdivision (1).
SECTION 4. The changes in law made by this Act apply to a
suit affecting the parent-child relationship that is pending in a
trial court on the effective date of this Act or that is filed on or
after the effective date of this Act.
SECTION 5. This Act takes effect September 1, 2025.