Bill Text: TX HB436 | 2011-2012 | 82nd Legislature | Comm Sub
Bill Title: Relating to standing for certain foster parents to file a suit affecting the parent-child relationship.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-05-12 - Postponed [HB436 Detail]
Download: Texas-2011-HB436-Comm_Sub.html
82R13003 TJB-F | |||
By: Parker | H.B. No. 436 | ||
Substitute the following for H.B. No. 436: | |||
By: Raymond | C.S.H.B. No. 436 |
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relating to standing for certain foster parents to file a suit | ||
affecting the parent-child relationship. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 102.003(a), Family Code, is amended to | ||
read as follows: | ||
(a) An original suit may be filed at any time by: | ||
(1) a parent of the child; | ||
(2) the child through a representative authorized by | ||
the court; | ||
(3) a custodian or person having the right of | ||
visitation with or access to the child appointed by an order of a | ||
court of another state or country; | ||
(4) a guardian of the person or of the estate of the | ||
child; | ||
(5) a governmental entity; | ||
(6) an authorized agency; | ||
(7) a licensed child placing agency; | ||
(8) a man alleging himself to be the father of a child | ||
filing in accordance with Chapter 160, subject to the limitations | ||
of that chapter, but not otherwise; | ||
(9) a person, other than a foster parent, who has had | ||
actual care, control, and possession of the child for at least six | ||
months ending not more than 90 days preceding the date of the filing | ||
of the petition; | ||
(10) a person designated as the managing conservator | ||
in a revoked or unrevoked affidavit of relinquishment under Chapter | ||
161 or to whom consent to adoption has been given in writing under | ||
Chapter 162; | ||
(11) a person with whom the child and the child's | ||
guardian, managing conservator, or parent have resided for at least | ||
six months ending not more than 90 days preceding the date of the | ||
filing of the petition if the child's guardian, managing | ||
conservator, or parent is deceased at the time of the filing of the | ||
petition; | ||
(12) a person who is the foster parent of a child | ||
placed by the Department of Family and Protective [ |
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Services in the person's home for at least: | ||
(A) 12 months ending not more than 90 days | ||
preceding the date of the filing of the petition; or | ||
(B) six months ending not more than 90 days | ||
preceding the date of the filing of the petition if the department | ||
has removed the child from the child's home more than once; | ||
(13) a person who is a relative of the child within the | ||
third degree by consanguinity, as determined by Chapter 573, | ||
Government Code, if the child's parents are deceased at the time of | ||
the filing of the petition; or | ||
(14) a person who has been named as a prospective | ||
adoptive parent of a child by a pregnant woman or the parent of the | ||
child, in a verified written statement to confer standing executed | ||
under Section 102.0035, regardless of whether the child has been | ||
born. | ||
SECTION 2. The change in law made by this Act applies only | ||
to a suit affecting the parent-child relationship filed on or after | ||
the effective date of this Act. A suit filed before that date is | ||
governed by the law in effect on the date the suit was filed, and the | ||
former law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |