89R13645 MM-D
By: Dutton H.B. No. 3996
A BILL TO BE ENTITLED
AN ACT
relating to extensions of the mandatory dismissal date in certain
suits affecting the parent-child relationship involving the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 263.401(b) and (b-3), Family Code, are
amended to read as follows:
(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 the parent in open court
requests an extension of time 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).
(b-3) A court shall find under Subsection (b) that
extraordinary circumstances necessitate the child remaining in the
temporary managing conservatorship of the department if:
(1) a parent of a child has made a good faith effort to
successfully complete the service plan but needs additional time,
including additional time to complete a substance abuse treatment
program that was ordered as part of the service plan; and
(2) on completion of the service plan the court
intends to order the child returned to the parent.
SECTION 2. This Act takes effect September 1, 2025.