| 1 | 1 | | 89R10336 MLH-D |
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| 2 | 2 | | By: Holt H.B. No. 3515 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to regulating parental reunification therapy in a suit |
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| 10 | 10 | | affecting the parent-child relationship. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. This Act shall be known as the Safe Haven Act. |
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| 13 | 13 | | SECTION 2. Subchapter A, Chapter 153, Family Code, is |
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| 14 | 14 | | amended by adding Sections 153.0101 and 153.0102 to read as |
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| 15 | 15 | | follows: |
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| 16 | 16 | | Sec. 153.0101. ORDER FOR PARENTAL REUNIFICATION THERAPY. |
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| 17 | 17 | | (a) For purposes of this section, "parental reunification therapy" |
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| 18 | 18 | | includes any therapy, treatment, program, camp, or service that is |
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| 19 | 19 | | intended to address, repair, or remediate a child's relationship |
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| 20 | 20 | | with a parent. |
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| 21 | 21 | | (b) In a suit, the court may not require a child to |
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| 22 | 22 | | participate in parental reunification therapy without the consent |
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| 23 | 23 | | of both parents. |
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| 24 | 24 | | (c) Regardless of whether both parents consent, the court |
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| 25 | 25 | | may not order parental reunification therapy that requires, |
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| 26 | 26 | | involves, or may result in: |
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| 27 | 27 | | (1) a prohibition on contact between the child and: |
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| 28 | 28 | | (A) the child's other parent; |
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| 29 | 29 | | (B) a nonparent appointed as a conservator of the |
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| 30 | 30 | | child; or |
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| 31 | 31 | | (C) another family member to whom the child is |
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| 32 | 32 | | related within the second degree of consanguinity or affinity; |
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| 33 | 33 | | (2) the parent and child staying together overnight or |
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| 34 | 34 | | traveling together out of state; |
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| 35 | 35 | | (3) the rendition of an order of modification under |
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| 36 | 36 | | Chapter 156 temporarily transferring conservatorship or possession |
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| 37 | 37 | | of the child to the parent seeking reunification; |
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| 38 | 38 | | (4) the use of transportation services or agents that |
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| 39 | 39 | | engage in: |
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| 40 | 40 | | (A) the use or threat of force or physical |
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| 41 | 41 | | obstruction; or |
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| 42 | 42 | | (B) other actions that place the child's safety |
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| 43 | 43 | | at risk; or |
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| 44 | 44 | | (5) the use of or threats of physical force, undue |
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| 45 | 45 | | influence, verbal abuse, or isolation from the child's sources of |
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| 46 | 46 | | support. |
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| 47 | 47 | | (d) This section may not be construed to prohibit a court |
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| 48 | 48 | | from ordering a party to attend and complete a battering |
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| 49 | 49 | | intervention and prevention program under Section |
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| 50 | 50 | | 153.004(d-1)(2)(D). |
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| 51 | 51 | | (e) A person who is a party to a suit involving an order that |
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| 52 | 52 | | violates this section may bring an action seeking: |
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| 53 | 53 | | (1) a motion to vacate or modify the order; or |
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| 54 | 54 | | (2) judicial review of the court's decision. |
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| 55 | 55 | | Sec. 153.0102. REQUIREMENTS FOR PARENTAL REUNIFICATION |
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| 56 | 56 | | THERAPY PROVIDERS. (a) For purposes of this section, "parental |
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| 57 | 57 | | reunification therapy" includes any therapy, treatment, program, |
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| 58 | 58 | | camp, or service that is intended to address, repair, or remediate a |
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| 59 | 59 | | child's relationship with a parent. |
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| 60 | 60 | | (b) An entity that provides parental reunification therapy |
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| 61 | 61 | | may not provide services unless the entity operates under a |
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| 62 | 62 | | contract for service that: |
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| 63 | 63 | | (1) includes explicit details of the entity's |
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| 64 | 64 | | processes, protocols, or procedures for the therapy; and |
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| 65 | 65 | | (2) is signed by all parties participating in the |
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| 66 | 66 | | therapy, after each party is fully informed of the details |
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| 67 | 67 | | described by Subdivision (1). |
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| 68 | 68 | | (c) A person who has reason to believe that an entity has |
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| 69 | 69 | | violated this section may file a complaint with the Texas State |
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| 70 | 70 | | Board of Examiners of Professional Counselors or another |
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| 71 | 71 | | appropriate licensing authority. |
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| 72 | 72 | | SECTION 3. Section 153.0101, Family Code, as added by this |
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| 73 | 73 | | Act, applies to a suit affecting the parent-child relationship that |
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| 74 | 74 | | is pending in a trial court on the effective date of this Act or |
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| 75 | 75 | | filed on or after that date. |
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| 76 | 76 | | SECTION 4. The enactment of Section 153.0101, Family Code, |
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| 77 | 77 | | as added by this Act, constitutes a material and substantial change |
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| 78 | 78 | | of circumstances sufficient to warrant modification of a court |
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| 79 | 79 | | order or portion of a decree that provides for the possession of or |
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| 80 | 80 | | access to a child rendered before the effective date of this Act. |
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| 81 | 81 | | SECTION 5. This Act takes effect immediately if it receives |
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| 82 | 82 | | a vote of two-thirds of all the members elected to each house, as |
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| 83 | 83 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 84 | 84 | | Act does not receive the vote necessary for immediate effect, this |
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| 85 | 85 | | Act takes effect September 1, 2025. |
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