89R9334 KRM-F
By: Hall S.B. No. 1987
A BILL TO BE ENTITLED
AN ACT
relating to procedures and grounds for termination of the
parent-child relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 154.001(a-1), Family Code, is amended to
read as follows:
(a-1) The court may order each person who is financially
able and whose parental rights have been terminated with respect to
a child in substitute care for whom the department has been
appointed managing conservator, a child for a reason described by
Section 161.001(b)(1)(P)(iv) [161.001(b)(1)(T)(iv)] or (b)(1)(Q)
[(b)(1)(U)], or a child who was conceived as a direct result of
conduct that constitutes an offense under Section 21.02, 22.011,
22.021, or 25.02, Penal Code, to support the child in the manner
specified by the order:
(1) until the earliest of:
(A) the child's adoption;
(B) the child's 18th birthday or graduation from
high school, whichever occurs later;
(C) removal of the child's disabilities of
minority by court order, marriage, or other operation of law; or
(D) the child's death; or
(2) if the child is disabled as defined in this
chapter, for an indefinite period.
SECTION 2. Sections 161.001(b), (c), (f), and (g), Family
Code, are amended to read as follows:
(b) The court may order termination of the parent-child
relationship if the court finds beyond a reasonable doubt [by clear
and convincing evidence]:
(1) that the parent has:
(A) voluntarily left the child alone or in the
possession of another not the parent and expressed an intent not to
return;
(B) voluntarily left the child alone or in the
possession of another not the parent without expressing an intent
to return, without providing for the adequate support of the child,
and remained away for a period of at least three months;
(C) voluntarily left the child alone or in the
possession of another without providing adequate support of the
child and remained away for a period of at least six months;
(D) knowingly placed or knowingly allowed the
child to remain in conditions or surroundings that placed [which
endanger the physical or emotional well-being of] the child in
immediate danger that resulted in serious bodily injury or physical
or mental impairment;
(E) engaged in conduct or knowingly placed the
child with persons who engaged in conduct that placed [which
endangers the physical or emotional well-being of] the child in
immediate danger that resulted in serious bodily injury or physical
or mental impairment;
(F) failed to support the child in accordance
with the parent's ability during a period of one year ending within
six months of the date of the filing of the petition;
(G) abandoned the child without identifying the
child or furnishing means of identification, and the child's
identity cannot be ascertained by the exercise of reasonable
diligence;
(H) voluntarily, and with knowledge of the
pregnancy, abandoned the mother of the child beginning at a time
during her pregnancy with the child and continuing through the
birth, failed to provide adequate support or medical care for the
mother during the period of abandonment before the birth of the
child, and remained apart from the child or failed to support the
child since the birth;
(I) contumaciously refused to submit to a
reasonable and lawful order of a court under Subchapter D, Chapter
261;
(J) [been the major cause of:
[(i) the failure of the child to be enrolled
in school as required by the Education Code; or
[(ii) the child's absence from the child's
home without the consent of the parents or guardian for a
substantial length of time or without the intent to return;
[(K)] executed before or after the suit is filed
an unrevoked or irrevocable affidavit of relinquishment of parental
rights as provided by this chapter;
(K) [(L)] been convicted or has been placed on
community supervision, including deferred adjudication community
supervision, for being criminally responsible for the death or
serious injury of a child under the following sections of the Penal
Code, or under a law of another jurisdiction that contains elements
that are substantially similar to the elements of an offense under
one of the following Penal Code sections, or adjudicated under
Title 3 for conduct that caused the death or serious injury of a
child and that would constitute a violation of one of the following
Penal Code sections:
(i) Section 19.02 (murder);
(ii) Section 19.03 (capital murder);
(iii) Section 19.04 (manslaughter);
(iv) Section 21.11 (indecency with a
child);
(v) Section 22.01 (assault);
(vi) Section 22.011 (sexual assault);
(vii) Section 22.02 (aggravated assault);
(viii) Section 22.021 (aggravated sexual
assault);
(ix) Section 22.04 (injury to a child,
elderly individual, or disabled individual);
(x) Section 22.041 (abandoning or
endangering a child, elderly individual, or disabled individual);
(xi) Section 25.02 (prohibited sexual
conduct);
(xii) Section 43.25 (sexual performance by
a child);
(xiii) Section 43.26 (possession or
promotion of child pornography);
(xiv) Section 21.02 (continuous sexual
abuse of young child or disabled individual);
(xv) Section 20A.02(a)(7) or (8)
(trafficking of persons); and
(xvi) Section 43.05(a)(2) (compelling
prostitution);
[(M) had his or her parent-child relationship
terminated with respect to another child based on a finding that the
parent's conduct was in violation of Paragraph (D) or (E) or
substantially equivalent provisions of the law of another state;
[(N) constructively abandoned the child who has
been in the permanent or temporary managing conservatorship of the
Department of Family and Protective Services for not less than six
months, and:
[(i) the department has made reasonable
efforts to return the child to the parent;
[(ii) the parent has not regularly visited
or maintained significant contact with the child; and
[(iii) the parent has demonstrated an
inability to provide the child with a safe environment;
[(O) failed to comply with the provisions of a
court order that specifically established the actions necessary for
the parent to obtain the return of the child who has been in the
permanent or temporary managing conservatorship of the Department
of Family and Protective Services for not less than nine months as a
result of the child's removal from the parent under Chapter 262 for
the abuse or neglect of the child;]
(L) [(P)] used a controlled substance, as
defined by Chapter 481, Health and Safety Code, in a manner that
placed [endangered the health or safety of] the child in immediate
danger that resulted in serious bodily injury or physical or mental
impairment, and:
(i) failed to complete a court-ordered
substance abuse treatment program; or
(ii) after completion of a court-ordered
substance abuse treatment program, continued to abuse a controlled
substance;
(M) [(Q)] knowingly engaged in criminal conduct
that has resulted in the parent's:
(i) conviction of an offense; and
(ii) confinement or imprisonment and
inability to care for the child for not less than two years from the
date of filing the petition;
(N) [(R)] been the cause of the child being born
addicted to alcohol or a controlled substance, other than a
controlled substance legally obtained by prescription;
(O) [(S)] voluntarily delivered the child to a
designated emergency infant care provider under Section 262.302
without expressing an intent to return for the child;
(P) [(T)] been convicted of:
(i) the murder of the other parent of the
child under Section 19.02 or 19.03, Penal Code, or under a law of
another state, federal law, the law of a foreign country, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
19.02 or 19.03, Penal Code;
(ii) criminal attempt under Section 15.01,
Penal Code, or under a law of another state, federal law, the law of
a foreign country, or the Uniform Code of Military Justice that
contains elements that are substantially similar to the elements of
an offense under Section 15.01, Penal Code, to commit the offense
described by Subparagraph (i);
(iii) criminal solicitation under Section
15.03, Penal Code, or under a law of another state, federal law, the
law of a foreign country, or the Uniform Code of Military Justice
that contains elements that are substantially similar to the
elements of an offense under Section 15.03, Penal Code, of the
offense described by Subparagraph (i); or
(iv) the sexual assault of the other parent
of the child under Section 22.011 or 22.021, Penal Code, or under a
law of another state, federal law, or the Uniform Code of Military
Justice that contains elements that are substantially similar to
the elements of an offense under Section 22.011 or 22.021, Penal
Code;
(Q) [(U)] been placed on community supervision,
including deferred adjudication community supervision, or another
functionally equivalent form of community supervision or
probation, for being criminally responsible for the sexual assault
of the other parent of the child under Section 22.011 or 22.021,
Penal Code, or under a law of another state, federal law, or the
Uniform Code of Military Justice that contains elements that are
substantially similar to the elements of an offense under Section
22.011 or 22.021, Penal Code; or
(R) [(V)] been convicted of:
(i) criminal solicitation of a minor under
Section 15.031, Penal Code, or under a law of another state, federal
law, the law of a foreign country, or the Uniform Code of Military
Justice that contains elements that are substantially similar to
the elements of an offense under Section 15.031, Penal Code; or
(ii) online solicitation of a minor under
Section 33.021, Penal Code, or under a law of another state, federal
law, the law of a foreign country, or the Uniform Code of Military
Justice that contains elements that are substantially similar to
the elements of an offense under Section 33.021, Penal Code; and
(2) that termination is in the best interest of the
child.
(c) Evidence of one or more of the following does not
provide proof beyond a reasonable doubt and is not [constitute
clear and convincing evidence] sufficient for a court to make a
finding under Subsection (b) and order termination of the
parent-child relationship:
(1) the parent homeschooled the child;
(2) the parent is economically disadvantaged;
(3) the parent has been charged with a nonviolent
misdemeanor offense other than:
(A) an offense under Title 5, Penal Code;
(B) an offense under Title 6, Penal Code; or
(C) an offense that involves family violence, as
defined by Section 71.004 of this code;
(4) the parent provided or administered low-THC
cannabis to a child for whom the low-THC cannabis was prescribed
under Chapter 169, Occupations Code;
(5) the parent declined immunization for the child for
reasons of conscience, including a religious belief;
(6) the parent sought an opinion from more than one
medical provider relating to the child's medical care, transferred
the child's medical care to a new medical provider, or transferred
the child to another health care facility; or
(7) the parent allowed the child to engage in
independent activities that are appropriate and typical for the
child's level of maturity, physical condition, developmental
abilities, or culture.
(f) In a suit for termination of the parent-child
relationship filed by the Department of Family and Protective
Services, the court may not order termination of the parent-child
relationship under Subsection (b)(1) unless the court finds proof
beyond a reasonable doubt [by clear and convincing evidence] and
describes in writing with specificity in a separate section of the
order that:
(1) the department made reasonable efforts to return
the child to the parent before commencement of a trial on the merits
and despite those reasonable efforts, a continuing danger remains
in the home that prevents the return of the child to the parent; or
(2) reasonable efforts to return the child to the
parent, including the requirement for the department to provide a
family service plan to the parent, have been waived under Section
262.2015.
(g) In a suit for termination of the parent-child
relationship filed by the Department of Family and Protective
Services in which the department made reasonable efforts to return
the child to the child's home but a continuing danger in the home
prevented the child's return, the court shall include in a separate
section of its order written findings describing with specificity:
(1) the reasonable efforts the department made to
return the child to the child's home; and
(2) the continuing danger that remains in the home
that prevents the return of the child to the parent.
SECTION 3. Section 161.007(a), Family Code, is amended to
read as follows:
(a) Except as provided by Subsection (b), the court shall
order the termination of the parent-child relationship of a parent
and a child if the court finds proof beyond a reasonable doubt [by
clear and convincing evidence] that:
(1) the parent has engaged in conduct that constitutes
an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal
Code;
(2) as a direct result of the conduct described by
Subdivision (1), the victim of the conduct became pregnant with the
parent's child; and
(3) termination is in the best interest of the child.
SECTION 4. Sections 161.206(a) and (a-1), Family Code, are
amended to read as follows:
(a) If the court finds proof beyond a reasonable doubt of
[by clear and convincing evidence] grounds for termination of the
parent-child relationship, it shall render an order terminating the
parent-child relationship.
(a-1) In a suit filed by the Department of Family and
Protective Services seeking termination of the parent-child
relationship for more than one parent of the child, the court may
order termination of the parent-child relationship for the parent
only if the court finds proof beyond a reasonable doubt of [by clear
and convincing evidence] grounds for the termination of the
parent-child relationship for that parent.
SECTION 5. Section 161.302(a), Family Code, is amended to
read as follows:
(a) The following persons may file a petition under this
subchapter requesting the court to reinstate the parental rights of
a former parent whose parental rights were involuntarily terminated
under Section 161.001 [or 161.003]:
(1) the department;
(2) the single source continuum contractor under
Subchapter B-1, Chapter 264, with responsibility for the child who
is the subject of the petition;
(3) the attorney ad litem for the child who is the
subject of the petition; or
(4) the former parent whose parental rights were
involuntarily terminated.
SECTION 6. The following provisions of the Family Code are
repealed:
(1) Sections 161.001(d) and (d-1);
(2) Section 161.003; and
(3) Section 264.101(b).
SECTION 7. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship that is filed on or
after the effective date of this Act. A suit filed before the
effective date of this Act is governed by the law in effect on the
date the suit is filed, and the former law is continued in effect
for that purpose.
SECTION 8. This Act takes effect September 1, 2025.