Texas 2025 - 89th Regular

Texas Senate Bill SB2014 Compare Versions

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

Old	New	Differences
1	1	89R5884 MM-D
2	2	By: Zaffirini S.B. No. 2014
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to policies and procedures regarding certain suits
10	10	affecting the parent-child relationship filed by the Department of
11	11	Family and Protective Services.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Sections 161.001(d-1), (f), and (g), Family
14	14	Code, are amended to read as follows:
15	15	(d-1) The court may not order termination under Subsection
16	16	(b)(1)(M) unless the petition for the termination of the
17	17	parent-child relationship is filed not later than the first
18	18	anniversary of the date the department or an equivalent agency in
19	19	another state was granted permanent managing conservatorship of a
20	20	child in the case that resulted in the termination of the
21	21	parent-child relationship with respect to that child based on a
22	22	finding that the parent's conduct violated Subsection (b)(1)(D) or
23	23	(E) or substantially equivalent provisions of the law of another
24	24	state.
25	25	(f) In a suit for termination of the parent-child
26	26	relationship filed by the Department of Family and Protective
27	27	Services, the court may not order termination of the parent-child
28	28	relationship under Subsection (b)(1) unless the court finds by
29	29	clear and convincing evidence [and describes in writing with
30	30	specificity in a separate section of the order] that:
31	31	(1) the department made reasonable efforts to return
32	32	the child to the parent before commencement of a trial on the merits
33	33	and despite those reasonable efforts, a continuing danger remains
34	34	in the home that prevents the return of the child to the parent; or
35	35	(2) reasonable efforts to return the child to the
36	36	parent, including the requirement for the department to provide a
37	37	family service plan to the parent, have been waived under Section
38	38	262.2015.
39	39	(g) In a suit for termination of the parent-child
40	40	relationship filed by the Department of Family and Protective
41	41	Services in which the trier of fact found that the department made
42	42	reasonable efforts to return the child to the child's home but a
43	43	continuing danger in the home prevented the child's return, the
44	44	court shall include in a separate section of its order written
45	45	findings describing with specificity the reasonable efforts the
46	46	department made to return the child to the child's home.
47	47	SECTION 2. The heading to Subchapter D, Chapter 161, Family
48	48	Code, is amended to read as follows:
49	49	SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER [INVOLUNTARY]
50	50	TERMINATION
51	51	SECTION 3. Sections 161.302(a), (b), and (d), Family Code,
52	52	are amended to read as follows:
53	53	(a) The following persons may file a petition under this
54	54	subchapter requesting the court to reinstate the parental rights of
55	55	a former parent whose parental rights were [involuntarily]
56	56	terminated under Section 161.001, [or] 161.003, or 161.005:
57	57	(1) the department;
58	58	(2) the single source continuum contractor under
59	59	Subchapter B-1, Chapter 264, with responsibility for the child who
60	60	is the subject of the petition;
61	61	(3) the attorney ad litem for the child who is the
62	62	subject of the petition; or
63	63	(4) the former parent whose parental rights were
64	64	[involuntarily] terminated.
65	65	(b) A petition for the reinstatement of parental rights may
66	66	be filed under this subchapter only if:
67	67	(1) [the termination of parental rights resulted from
68	68	a suit filed by the department;
69	69	[(2)] at least two years have passed since the
70	70	issuance of the order terminating the former parent's parental
71	71	rights and an appeal of the order is not pending;
72	72	(2) [(3)] the child has not been adopted;
73	73	(3) [(4)] the child is not the subject of an adoption
74	74	placement agreement; and
75	75	(4) [(5)] the petitioner has provided the notice
76	76	required by Subsection (d), if the petitioner is the former parent
77	77	whose parental rights are sought to be reinstated.
78	78	(d) Before a former parent whose parental rights have been
79	79	[involuntarily] terminated may file a petition for reinstatement
80	80	under this subchapter, the former parent, at least 45 days before
81	81	the petition is filed, must notify the department of the former
82	82	parent's intent to file the petition. The commissioner shall
83	83	create a form to be used by a former parent for that notice that
84	84	includes the information listed in Subsection (c). A copy of the
85	85	notice must be filed with the petition.
86	86	SECTION 4. Subchapter C, Chapter 201, Family Code, is
87	87	amended by adding Section 201.2043 to read as follows:
88	88	Sec. 201.2043. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE
89	89	COMMUNICATION. (a) In this section, "remote communication"
90	90	includes teleconferencing, videoconferencing, and any similar
91	91	technology.
92	92	(b) Unless a party or an attorney ad litem for a child files
93	93	a written objection and except as provided by Subsection (d), an
94	94	associate judge appointed under this subchapter may conduct a
95	95	proceeding or perform a judicial action authorized under Section
96	96	201.204 from any location in this state using remote communication.
97	97	(c) Except as provided by Subsection (d), an associate judge
98	98	appointed under this subchapter may require or authorize a party to
99	99	participate in a proceeding authorized under Section 201.204 using
100	100	a method of remote communication available to the party.
101	101	(d) A respondent is entitled to appear in person at a final
102	102	hearing that may result in the termination of the respondent's
103	103	parental rights under Chapter 161 or the award of permanent
104	104	managing conservatorship of the respondent's child to the
105	105	department. The respondent may waive the right to appear in person
106	106	at the hearing in writing or on the record. Unless the respondent
107	107	waives that right, the associate judge must also appear at the
108	108	hearing in person.
109	109	SECTION 5. Section 263.306(a-1), Family Code, is amended to
110	110	read as follows:
111	111	(a-1) At each permanency hearing before a final order is
112	112	rendered, the court shall:
113	113	(1) identify all persons and parties present at the
114	114	hearing;
115	115	(2) review the efforts of the department or other
116	116	agency in:
117	117	(A) locating and requesting service of citation
118	118	on all persons entitled to service of citation under Section
119	119	102.009; and
120	120	(B) obtaining the assistance of a parent in
121	121	providing information necessary to locate an absent parent, alleged
122	122	father, relative of the child, or other adult identified by the
123	123	child as a potential relative or designated caregiver;
124	124	(3) ask all parties present whether the child or the
125	125	child's family has a Native American heritage and identify any
126	126	Native American tribe with which the child may be associated;
127	127	(4) review the extent of the parties' compliance with
128	128	temporary orders and the service plan and the extent to which
129	129	progress has been made toward alleviating or mitigating the causes
130	130	necessitating the placement of the child in foster care;
131	131	(5) review the permanency progress report to
132	132	determine:
133	133	(A) the safety and well-being of the child and
134	134	whether the child's needs, including any medical or special needs,
135	135	are being adequately addressed;
136	136	(B) the continuing necessity and appropriateness
137	137	of the placement of the child, including with respect to a child who
138	138	has been placed outside of this state, whether the placement
139	139	continues to be in the best interest of the child;
140	140	(C) the appropriateness of the primary and
141	141	alternative permanency goals for the child developed in accordance
142	142	with department rule and whether the department has made reasonable
143	143	efforts to finalize the permanency plan, including the concurrent
144	144	permanency goals, in effect for the child;
145	145	(D) whether the child has been provided the
146	146	opportunity, in a developmentally appropriate manner, to express
147	147	the child's opinion on any medical care provided;
148	148	(E) whether the child has been provided the
149	149	opportunity, in a developmentally appropriate manner, to identify
150	150	any adults, particularly an adult residing in the child's
151	151	community, who could be a relative or designated caregiver for the
152	152	child;
153	153	(F) for a child receiving psychotropic
154	154	medication, whether the child:
155	155	(i) has been provided appropriate
156	156	nonpharmacological interventions, therapies, or strategies to meet
157	157	the child's needs; or
158	158	(ii) has been seen by the prescribing
159	159	physician, physician assistant, or advanced practice nurse at least
160	160	once every 90 days;
161	161	(G) whether an education decision-maker for the
162	162	child has been identified, the child's education needs and goals
163	163	have been identified and addressed, and there have been major
164	164	changes in the child's school performance or there have been
165	165	serious disciplinary events;
166	166	(H) for a child 14 years of age or older, whether
167	167	services that are needed to assist the child in transitioning from
168	168	substitute care to independent living are available in the child's
169	169	community;
170	170	(I) for a child whose permanency goal is another
171	171	planned permanent living arrangement:
172	172	(i) the desired permanency outcome for the
173	173	child, by asking the child;
174	174	(ii) whether, as of the date of the hearing,
175	175	another planned permanent living arrangement is the best permanency
176	176	plan for the child and, if so, provide compelling reasons why it
177	177	continues to not be in the best interest of the child to:
178	178	(a) return home;
179	179	(b) be placed for adoption;
180	180	(c) be placed with a legal guardian;
181	181	or
182	182	(d) be placed with a fit and willing
183	183	relative;
184	184	(iii) whether the department has conducted
185	185	an independent living skills assessment under Section
186	186	264.121(a-3);
187	187	(iv) whether the department has addressed
188	188	the goals identified in the child's permanency plan, including the
189	189	child's housing plan, and the results of the independent living
190	190	skills assessment;
191	191	(v) if the youth is 16 years of age or
192	192	older, whether there is evidence that the department has provided
193	193	the youth with the documents and information listed in Section
194	194	264.121(e); and
195	195	(vi) if the youth is 18 years of age or
196	196	older or has had the disabilities of minority removed, whether
197	197	there is evidence that the department has provided the youth with
198	198	the documents and information listed in Section 264.121(e-1);
199	199	(J) based on the court's determination under
200	200	Section 263.002, whether continued placement is appropriate if the
201	201	child is placed in a residential treatment center; and
202	202	(K) based on the court's determination under
203	203	Section 263.00201, whether continued placement is appropriate if
204	204	the child is placed in a qualified residential treatment program;
205	205	(6) determine whether to return the child to the
206	206	child's parents in accordance with Section 263.002(c) [if the
207	207	child's parents are willing and able to provide the child with a
208	208	safe environment and the return of the child is in the child's best
209	209	interest];
210	210	(7) estimate a likely date by which the child may be
211	211	returned to and safely maintained in the child's home, placed for
212	212	adoption, or placed in permanent managing conservatorship; and
213	213	(8) announce in open court the dismissal date and the
214	214	date of any upcoming hearings.
215	215	SECTION 6. Sections 264.203(q), (r), and (s), Family Code,
216	216	are amended to read as follows:
217	217	(q) An order rendered under this section expires on the
218	218	180th day after the date the order is rendered [signed] unless the
219	219	court extends the order as provided by Subsection (r) or (s).
220	220	(r) The court may extend an order rendered under this
221	221	section on a showing by any party [the department] of a continuing
222	222	need for the order, after notice and hearing. Except as provided by
223	223	Subsection (s), the court may extend the order only one time for not
224	224	more than 180 days.
225	225	(s) The court may extend an order rendered under this
226	226	section for not more than an additional 180 days only if[:
227	227	[(1)] the court finds that:
228	228	(1) [(A)] the extension is necessary to allow the
229	229	person required to participate in services under the plan of
230	230	service time to complete those services;
231	231	(2) [(B)] the department made a good faith effort to
232	232	timely provide the services to the person;
233	233	(3) [(C)] the person made a good faith effort to
234	234	complete the services; and
235	235	(4) [(D)] the completion of the services is necessary
236	236	to ensure the physical health and safety of the child [; and
237	237	[(2) the extension is requested by the person or the
238	238	person's attorney].
239	239	SECTION 7. The changes in law made by this Act apply only to
240	240	a suit affecting the parent-child relationship that is filed on or
241	241	after the effective date of this Act. A suit filed before the
242	242	effective date of this Act is governed by the law in effect on the
243	243	date the suit is filed, and the former law is continued in effect
244	244	for that purpose.
245	245	SECTION 8. The change in law made by Section 201.2043,
246	246	Family Code, as added by this Act applies only to a proceeding
247	247	conducted or judicial action performed on or after the effective
248	248	date of this Act.
249	249	SECTION 9. This Act takes effect September 1, 2025.