Texas 2025 - 89th Regular

Texas Senate Bill SB1987 Compare Versions

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

Old	New	Differences
1	1	89R9334 KRM-F
2	2	By: Hall S.B. No. 1987
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to procedures and grounds for termination of the
10	10	parent-child relationship.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 154.001(a-1), Family Code, is amended to
13	13	read as follows:
14	14	(a-1) The court may order each person who is financially
15	15	able and whose parental rights have been terminated with respect to
16	16	a child in substitute care for whom the department has been
17	17	appointed managing conservator, a child for a reason described by
18	18	Section 161.001(b)(1)(P)(iv) [161.001(b)(1)(T)(iv)] or (b)(1)(Q)
19	19	[(b)(1)(U)], or a child who was conceived as a direct result of
20	20	conduct that constitutes an offense under Section 21.02, 22.011,
21	21	22.021, or 25.02, Penal Code, to support the child in the manner
22	22	specified by the order:
23	23	(1) until the earliest of:
24	24	(A) the child's adoption;
25	25	(B) the child's 18th birthday or graduation from
26	26	high school, whichever occurs later;
27	27	(C) removal of the child's disabilities of
28	28	minority by court order, marriage, or other operation of law; or
29	29	(D) the child's death; or
30	30	(2) if the child is disabled as defined in this
31	31	chapter, for an indefinite period.
32	32	SECTION 2. Sections 161.001(b), (c), (f), and (g), Family
33	33	Code, are amended to read as follows:
34	34	(b) The court may order termination of the parent-child
35	35	relationship if the court finds beyond a reasonable doubt [by clear
36	36	and convincing evidence]:
37	37	(1) that the parent has:
38	38	(A) voluntarily left the child alone or in the
39	39	possession of another not the parent and expressed an intent not to
40	40	return;
41	41	(B) voluntarily left the child alone or in the
42	42	possession of another not the parent without expressing an intent
43	43	to return, without providing for the adequate support of the child,
44	44	and remained away for a period of at least three months;
45	45	(C) voluntarily left the child alone or in the
46	46	possession of another without providing adequate support of the
47	47	child and remained away for a period of at least six months;
48	48	(D) knowingly placed or knowingly allowed the
49	49	child to remain in conditions or surroundings that placed [which
50	50	endanger the physical or emotional well-being of] the child in
51	51	immediate danger that resulted in serious bodily injury or physical
52	52	or mental impairment;
53	53	(E) engaged in conduct or knowingly placed the
54	54	child with persons who engaged in conduct that placed [which
55	55	endangers the physical or emotional well-being of] the child in
56	56	immediate danger that resulted in serious bodily injury or physical
57	57	or mental impairment;
58	58	(F) failed to support the child in accordance
59	59	with the parent's ability during a period of one year ending within
60	60	six months of the date of the filing of the petition;
61	61	(G) abandoned the child without identifying the
62	62	child or furnishing means of identification, and the child's
63	63	identity cannot be ascertained by the exercise of reasonable
64	64	diligence;
65	65	(H) voluntarily, and with knowledge of the
66	66	pregnancy, abandoned the mother of the child beginning at a time
67	67	during her pregnancy with the child and continuing through the
68	68	birth, failed to provide adequate support or medical care for the
69	69	mother during the period of abandonment before the birth of the
70	70	child, and remained apart from the child or failed to support the
71	71	child since the birth;
72	72	(I) contumaciously refused to submit to a
73	73	reasonable and lawful order of a court under Subchapter D, Chapter
74	74	261;
75	75	(J) [been the major cause of:
76	76	[(i) the failure of the child to be enrolled
77	77	in school as required by the Education Code; or
78	78	[(ii) the child's absence from the child's
79	79	home without the consent of the parents or guardian for a
80	80	substantial length of time or without the intent to return;
81	81	[(K)] executed before or after the suit is filed
82	82	an unrevoked or irrevocable affidavit of relinquishment of parental
83	83	rights as provided by this chapter;
84	84	(K) [(L)] been convicted or has been placed on
85	85	community supervision, including deferred adjudication community
86	86	supervision, for being criminally responsible for the death or
87	87	serious injury of a child under the following sections of the Penal
88	88	Code, or under a law of another jurisdiction that contains elements
89	89	that are substantially similar to the elements of an offense under
90	90	one of the following Penal Code sections, or adjudicated under
91	91	Title 3 for conduct that caused the death or serious injury of a
92	92	child and that would constitute a violation of one of the following
93	93	Penal Code sections:
94	94	(i) Section 19.02 (murder);
95	95	(ii) Section 19.03 (capital murder);
96	96	(iii) Section 19.04 (manslaughter);
97	97	(iv) Section 21.11 (indecency with a
98	98	child);
99	99	(v) Section 22.01 (assault);
100	100	(vi) Section 22.011 (sexual assault);
101	101	(vii) Section 22.02 (aggravated assault);
102	102	(viii) Section 22.021 (aggravated sexual
103	103	assault);
104	104	(ix) Section 22.04 (injury to a child,
105	105	elderly individual, or disabled individual);
106	106	(x) Section 22.041 (abandoning or
107	107	endangering a child, elderly individual, or disabled individual);
108	108	(xi) Section 25.02 (prohibited sexual
109	109	conduct);
110	110	(xii) Section 43.25 (sexual performance by
111	111	a child);
112	112	(xiii) Section 43.26 (possession or
113	113	promotion of child pornography);
114	114	(xiv) Section 21.02 (continuous sexual
115	115	abuse of young child or disabled individual);
116	116	(xv) Section 20A.02(a)(7) or (8)
117	117	(trafficking of persons); and
118	118	(xvi) Section 43.05(a)(2) (compelling
119	119	prostitution);
120	120	[(M) had his or her parent-child relationship
121	121	terminated with respect to another child based on a finding that the
122	122	parent's conduct was in violation of Paragraph (D) or (E) or
123	123	substantially equivalent provisions of the law of another state;
124	124	[(N) constructively abandoned the child who has
125	125	been in the permanent or temporary managing conservatorship of the
126	126	Department of Family and Protective Services for not less than six
127	127	months, and:
128	128	[(i) the department has made reasonable
129	129	efforts to return the child to the parent;
130	130	[(ii) the parent has not regularly visited
131	131	or maintained significant contact with the child; and
132	132	[(iii) the parent has demonstrated an
133	133	inability to provide the child with a safe environment;
134	134	[(O) failed to comply with the provisions of a
135	135	court order that specifically established the actions necessary for
136	136	the parent to obtain the return of the child who has been in the
137	137	permanent or temporary managing conservatorship of the Department
138	138	of Family and Protective Services for not less than nine months as a
139	139	result of the child's removal from the parent under Chapter 262 for
140	140	the abuse or neglect of the child;]
141	141	(L) [(P)] used a controlled substance, as
142	142	defined by Chapter 481, Health and Safety Code, in a manner that
143	143	placed [endangered the health or safety of] the child in immediate
144	144	danger that resulted in serious bodily injury or physical or mental
145	145	impairment, and:
146	146	(i) failed to complete a court-ordered
147	147	substance abuse treatment program; or
148	148	(ii) after completion of a court-ordered
149	149	substance abuse treatment program, continued to abuse a controlled
150	150	substance;
151	151	(M) [(Q)] knowingly engaged in criminal conduct
152	152	that has resulted in the parent's:
153	153	(i) conviction of an offense; and
154	154	(ii) confinement or imprisonment and
155	155	inability to care for the child for not less than two years from the
156	156	date of filing the petition;
157	157	(N) [(R)] been the cause of the child being born
158	158	addicted to alcohol or a controlled substance, other than a
159	159	controlled substance legally obtained by prescription;
160	160	(O) [(S)] voluntarily delivered the child to a
161	161	designated emergency infant care provider under Section 262.302
162	162	without expressing an intent to return for the child;
163	163	(P) [(T)] been convicted of:
164	164	(i) the murder of the other parent of the
165	165	child under Section 19.02 or 19.03, Penal Code, or under a law of
166	166	another state, federal law, the law of a foreign country, or the
167	167	Uniform Code of Military Justice that contains elements that are
168	168	substantially similar to the elements of an offense under Section
169	169	19.02 or 19.03, Penal Code;
170	170	(ii) criminal attempt under Section 15.01,
171	171	Penal Code, or under a law of another state, federal law, the law of
172	172	a foreign country, or the Uniform Code of Military Justice that
173	173	contains elements that are substantially similar to the elements of
174	174	an offense under Section 15.01, Penal Code, to commit the offense
175	175	described by Subparagraph (i);
176	176	(iii) criminal solicitation under Section
177	177	15.03, Penal Code, or under a law of another state, federal law, the
178	178	law of a foreign country, or the Uniform Code of Military Justice
179	179	that contains elements that are substantially similar to the
180	180	elements of an offense under Section 15.03, Penal Code, of the
181	181	offense described by Subparagraph (i); or
182	182	(iv) the sexual assault of the other parent
183	183	of the child under Section 22.011 or 22.021, Penal Code, or under a
184	184	law of another state, federal law, or the Uniform Code of Military
185	185	Justice that contains elements that are substantially similar to
186	186	the elements of an offense under Section 22.011 or 22.021, Penal
187	187	Code;
188	188	(Q) [(U)] been placed on community supervision,
189	189	including deferred adjudication community supervision, or another
190	190	functionally equivalent form of community supervision or
191	191	probation, for being criminally responsible for the sexual assault
192	192	of the other parent of the child under Section 22.011 or 22.021,
193	193	Penal Code, or under a law of another state, federal law, or the
194	194	Uniform Code of Military Justice that contains elements that are
195	195	substantially similar to the elements of an offense under Section
196	196	22.011 or 22.021, Penal Code; or
197	197	(R) [(V)] been convicted of:
198	198	(i) criminal solicitation of a minor under
199	199	Section 15.031, Penal Code, or under a law of another state, federal
200	200	law, the law of a foreign country, or the Uniform Code of Military
201	201	Justice that contains elements that are substantially similar to
202	202	the elements of an offense under Section 15.031, Penal Code; or
203	203	(ii) online solicitation of a minor under
204	204	Section 33.021, Penal Code, or under a law of another state, federal
205	205	law, the law of a foreign country, or the Uniform Code of Military
206	206	Justice that contains elements that are substantially similar to
207	207	the elements of an offense under Section 33.021, Penal Code; and
208	208	(2) that termination is in the best interest of the
209	209	child.
210	210	(c) Evidence of one or more of the following does not
211	211	provide proof beyond a reasonable doubt and is not [constitute
212	212	clear and convincing evidence] sufficient for a court to make a
213	213	finding under Subsection (b) and order termination of the
214	214	parent-child relationship:
215	215	(1) the parent homeschooled the child;
216	216	(2) the parent is economically disadvantaged;
217	217	(3) the parent has been charged with a nonviolent
218	218	misdemeanor offense other than:
219	219	(A) an offense under Title 5, Penal Code;
220	220	(B) an offense under Title 6, Penal Code; or
221	221	(C) an offense that involves family violence, as
222	222	defined by Section 71.004 of this code;
223	223	(4) the parent provided or administered low-THC
224	224	cannabis to a child for whom the low-THC cannabis was prescribed
225	225	under Chapter 169, Occupations Code;
226	226	(5) the parent declined immunization for the child for
227	227	reasons of conscience, including a religious belief;
228	228	(6) the parent sought an opinion from more than one
229	229	medical provider relating to the child's medical care, transferred
230	230	the child's medical care to a new medical provider, or transferred
231	231	the child to another health care facility; or
232	232	(7) the parent allowed the child to engage in
233	233	independent activities that are appropriate and typical for the
234	234	child's level of maturity, physical condition, developmental
235	235	abilities, or culture.
236	236	(f) In a suit for termination of the parent-child
237	237	relationship filed by the Department of Family and Protective
238	238	Services, the court may not order termination of the parent-child
239	239	relationship under Subsection (b)(1) unless the court finds proof
240	240	beyond a reasonable doubt [by clear and convincing evidence] and
241	241	describes in writing with specificity in a separate section of the
242	242	order that:
243	243	(1) the department made reasonable efforts to return
244	244	the child to the parent before commencement of a trial on the merits
245	245	and despite those reasonable efforts, a continuing danger remains
246	246	in the home that prevents the return of the child to the parent; or
247	247	(2) reasonable efforts to return the child to the
248	248	parent, including the requirement for the department to provide a
249	249	family service plan to the parent, have been waived under Section
250	250	262.2015.
251	251	(g) In a suit for termination of the parent-child
252	252	relationship filed by the Department of Family and Protective
253	253	Services in which the department made reasonable efforts to return
254	254	the child to the child's home but a continuing danger in the home
255	255	prevented the child's return, the court shall include in a separate
256	256	section of its order written findings describing with specificity:
257	257	(1) the reasonable efforts the department made to
258	258	return the child to the child's home; and
259	259	(2) the continuing danger that remains in the home
260	260	that prevents the return of the child to the parent.
261	261	SECTION 3. Section 161.007(a), Family Code, is amended to
262	262	read as follows:
263	263	(a) Except as provided by Subsection (b), the court shall
264	264	order the termination of the parent-child relationship of a parent
265	265	and a child if the court finds proof beyond a reasonable doubt [by
266	266	clear and convincing evidence] that:
267	267	(1) the parent has engaged in conduct that constitutes
268	268	an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal
269	269	Code;
270	270	(2) as a direct result of the conduct described by
271	271	Subdivision (1), the victim of the conduct became pregnant with the
272	272	parent's child; and
273	273	(3) termination is in the best interest of the child.
274	274	SECTION 4. Sections 161.206(a) and (a-1), Family Code, are
275	275	amended to read as follows:
276	276	(a) If the court finds proof beyond a reasonable doubt of
277	277	[by clear and convincing evidence] grounds for termination of the
278	278	parent-child relationship, it shall render an order terminating the
279	279	parent-child relationship.
280	280	(a-1) In a suit filed by the Department of Family and
281	281	Protective Services seeking termination of the parent-child
282	282	relationship for more than one parent of the child, the court may
283	283	order termination of the parent-child relationship for the parent
284	284	only if the court finds proof beyond a reasonable doubt of [by clear
285	285	and convincing evidence] grounds for the termination of the
286	286	parent-child relationship for that parent.
287	287	SECTION 5. Section 161.302(a), Family Code, is amended to
288	288	read as follows:
289	289	(a) The following persons may file a petition under this
290	290	subchapter requesting the court to reinstate the parental rights of
291	291	a former parent whose parental rights were involuntarily terminated
292	292	under Section 161.001 [or 161.003]:
293	293	(1) the department;
294	294	(2) the single source continuum contractor under
295	295	Subchapter B-1, Chapter 264, with responsibility for the child who
296	296	is the subject of the petition;
297	297	(3) the attorney ad litem for the child who is the
298	298	subject of the petition; or
299	299	(4) the former parent whose parental rights were
300	300	involuntarily terminated.
301	301	SECTION 6. The following provisions of the Family Code are
302	302	repealed:
303	303	(1) Sections 161.001(d) and (d-1);
304	304	(2) Section 161.003; and
305	305	(3) Section 264.101(b).
306	306	SECTION 7. The changes in law made by this Act apply only to
307	307	a suit affecting the parent-child relationship that is filed on or
308	308	after the effective date of this Act. A suit filed before the
309	309	effective date of this Act is governed by the law in effect on the
310	310	date the suit is filed, and the former law is continued in effect
311	311	for that purpose.
312	312	SECTION 8. This Act takes effect September 1, 2025.