| 1 | 1 | | 89R13645 MM-D |
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| 2 | 2 | | By: Dutton H.B. No. 3996 |
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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 extensions of the mandatory dismissal date in certain |
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| 10 | 10 | | suits affecting the parent-child relationship involving the |
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| 11 | 11 | | Department of Family and Protective Services. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Sections 263.401(b) and (b-3), Family Code, are |
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| 14 | 14 | | amended to read as follows: |
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| 15 | 15 | | (b) Unless the court has commenced the trial on the merits, |
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| 16 | 16 | | the court may not retain the suit on the court's docket after the |
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| 17 | 17 | | time described by Subsection (a) unless the parent in open court |
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| 18 | 18 | | requests an extension of time and the court finds that |
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| 19 | 19 | | extraordinary circumstances necessitate the child remaining in the |
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| 20 | 20 | | temporary managing conservatorship of the department and that |
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| 21 | 21 | | continuing the appointment of the department as temporary managing |
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| 22 | 22 | | conservator is in the best interest of the child. If the court |
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| 23 | 23 | | makes those findings, the court may retain the suit on the court's |
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| 24 | 24 | | docket for a period not to exceed 180 days after the time described |
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| 25 | 25 | | by Subsection (a). If the court retains the suit on the court's |
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| 26 | 26 | | docket, the court shall render an order in which the court: |
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| 27 | 27 | | (1) schedules the new date on which the suit will be |
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| 28 | 28 | | automatically dismissed if the trial on the merits has not |
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| 29 | 29 | | commenced, which date must be not later than the 180th day after the |
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| 30 | 30 | | time described by Subsection (a); |
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| 31 | 31 | | (2) makes further temporary orders for the safety and |
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| 32 | 32 | | welfare of the child as necessary to avoid further delay in |
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| 33 | 33 | | resolving the suit; and |
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| 34 | 34 | | (3) sets the trial on the merits on a date not later |
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| 35 | 35 | | than the date specified under Subdivision (1). |
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| 36 | 36 | | (b-3) A court shall find under Subsection (b) that |
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| 37 | 37 | | extraordinary circumstances necessitate the child remaining in the |
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| 38 | 38 | | temporary managing conservatorship of the department if: |
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| 39 | 39 | | (1) a parent of a child has made a good faith effort to |
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| 40 | 40 | | successfully complete the service plan but needs additional time, |
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| 41 | 41 | | including additional time to complete a substance abuse treatment |
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| 42 | 42 | | program that was ordered as part of the service plan; and |
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| 43 | 43 | | (2) on completion of the service plan the court |
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| 44 | 44 | | intends to order the child returned to the parent. |
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| 45 | 45 | | SECTION 2. This Act takes effect September 1, 2025. |
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