Bill Text: TX HB4866 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the procedures and grounds for terminating the parent-child relationship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-23 - Referred to Juvenile Justice & Family Issues [HB4866 Detail]
Download: Texas-2023-HB4866-Introduced.html
88R12583 MM-F | ||
By: Campos | H.B. No. 4866 |
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relating to the procedures and grounds for terminating 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) or (b)(1)(Q) [ |
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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. Section 161.001, Family Code, as amended by | ||
Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
Sec. 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD | ||
RELATIONSHIP. (a) In this section, "born addicted to alcohol or a | ||
controlled substance" means a child: | ||
(1) who is born to a mother who during the pregnancy | ||
used a controlled substance, as defined by Chapter 481, Health and | ||
Safety Code, other than a controlled substance legally obtained by | ||
prescription, or alcohol; and | ||
(2) who, after birth as a result of the mother's use of | ||
the controlled substance or alcohol: | ||
(A) [ |
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the child's physical appearance or functioning due to withdrawal | ||
from the alcohol or controlled substance; and [ |
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(B) [ |
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alcohol or a controlled substance in the child's bodily fluids. | ||
(b) The court may order termination of the parent-child | ||
relationship if the court finds beyond a reasonable doubt [ |
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(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 [ |
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immediate danger of bodily injury, emotional injury, or physical | ||
impairment, including encouraging, prompting, forcing, or allowing | ||
a child to engage in human trafficking, sexual intercourse, | ||
prostitution, or other behavior that a reasonable person would find | ||
to be sexual activity, including activities for the production of | ||
photographic, video, or other media that an ordinary, reasonable | ||
person could construe as erotica or pornography, but not including | ||
providing customary or reasonable age-appropriate education to the | ||
child regarding human reproduction and ordinary safe dating | ||
relationships; | ||
(E) engaged in conduct or knowingly placed the | ||
child with persons who engaged in conduct that placed [ |
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immediate danger of bodily injury, emotional injury, or physical | ||
impairment including encouraging, prompting, forcing, or allowing | ||
a child to engage in human trafficking, sexual intercourse, | ||
prostitution, or other behavior that a reasonable person would find | ||
to be sexual activity, including activities for the production of | ||
photographic, video, or other media that an ordinary, reasonable | ||
person could construe as erotica or pornography, but not including | ||
providing customary or reasonable age-appropriate education to the | ||
child regarding human reproduction and ordinary safe dating | ||
relationships; | ||
(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) [ |
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an unrevoked or irrevocable affidavit of relinquishment of parental | ||
rights as provided by this chapter; | ||
(K) [ |
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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 child); | ||
(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); | ||
(L) [ |
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been in the permanent or temporary managing conservatorship of the | ||
Department of Family and Protective Services for not less than 12 | ||
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(i) the department has made reasonable | ||
efforts to return the child to the parent; | ||
(ii) if able, 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; | ||
(M) [ |
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defined by Chapter 481, Health and Safety Code, in a manner that | ||
endangered the health or safety of the child, including giving | ||
birth to a child born addicted to alcohol or a controlled substance, | ||
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; | ||
(N) [ |
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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; | ||
(O) [ |
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designated emergency infant care provider under Section 262.302 | ||
without expressing an intent to return for the child; | ||
(P) [ |
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(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; or | ||
(Q) [ |
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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; and | ||
(2) that termination is in the best interest of the | ||
child. | ||
(c) Evidence of one or more of the following does not | ||
constitute [ |
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doubt 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; [ |
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(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; | ||
(7) [ |
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independent activities that are appropriate and typical for the | ||
child's level of maturity, physical condition, developmental | ||
abilities, or culture; or | ||
(8) the parent tested positive for marihuana, unless | ||
the department has evidence that the parent's use of marihuana has | ||
caused an immediate danger to the child's physical or mental health | ||
or emotional development. | ||
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(e) This section does not prohibit the Department of Family | ||
and Protective Services from offering evidence described by | ||
Subsection (c) as part of an action to terminate the parent-child | ||
relationship under this subchapter. | ||
(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 Subsections (b)(1)(A)-(N) unless the court | ||
makes written findings 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 its order | ||
written findings detailing the reasonable efforts the department | ||
made to return the child to the child's home. | ||
(h) A court may order termination of a parent-child | ||
relationship under this section only if a jury unanimously agrees | ||
that the parent-child relationship should be terminated. | ||
SECTION 3. The changes in law made by this Act apply 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 that the suit is filed, and the former law is continued in | ||
effect for that purpose. | ||
SECTION 4. To the extent of any conflict, this Act prevails | ||
over another Act of the 88th Legislature, Regular Session, 2023, | ||
relating to nonsubstantive additions to and corrections in enacted | ||
codes. | ||
SECTION 5. This Act takes effect September 1, 2023. |