Bill Text: TX HB567 | 2021-2022 | 87th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.
Spectrum: Slight Partisan Bill (Republican 15-7)
Status: (Passed) 2021-05-15 - Effective on 9/1/21 [HB567 Detail]
Download: Texas-2021-HB567-Introduced.html
Bill Title: Relating to the procedures and grounds for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship involving the Department of Family and Protective Services.
Spectrum: Slight Partisan Bill (Republican 15-7)
Status: (Passed) 2021-05-15 - Effective on 9/1/21 [HB567 Detail]
Download: Texas-2021-HB567-Introduced.html
87R1785 MCK-D | ||
By: Frank | H.B. No. 567 |
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relating to the procedures and grounds for terminating the | ||
parent-child relationship, for taking possession of a child, and | ||
for certain hearings in a suit affecting the parent-child | ||
relationship involving the Department of Family and Protective | ||
Services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.001(c), Family Code, is amended to | ||
read as follows: | ||
(c) Evidence of one or more of the following does not | ||
constitute clear and convincing evidence sufficient for a court to | ||
[ |
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termination of the parent-child relationship [ |
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(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; [ |
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(5) the parent declined immunization for the child for | ||
reasons of conscience, including a religious belief; or | ||
(6) 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. | ||
SECTION 2. Section 161.101, Family Code, is amended to read | ||
as follows: | ||
Sec. 161.101. PETITION ALLEGATIONS; PETITION AND MOTION | ||
REQUIREMENTS. (a) A petition for the termination of the | ||
parent-child relationship is sufficient without the necessity of | ||
specifying the underlying facts if the petition alleges in the | ||
statutory language the ground for the termination and that | ||
termination is in the best interest of the child. | ||
(b) A petition or motion filed by the Department of Family | ||
and Protective Services in a suit for termination of the | ||
parent-child relationship is subject to Chapter 10, Civil Practice | ||
and Remedies Code, and Rule 13, Texas Rules of Civil Procedure. | ||
SECTION 3. Section 261.001(4), Family Code, is amended to | ||
read as follows: | ||
(4) "Neglect" means an act or failure to act by a | ||
person responsible for a child's care, custody, or welfare | ||
evidencing the person's blatant disregard for the consequences of | ||
the act or failure to act that results in harm to the child or that | ||
creates an immediate danger to the child's physical health or | ||
safety and: | ||
(A) includes: | ||
(i) the leaving of a child in a situation | ||
where the child would be exposed to an immediate danger [ |
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necessary care for the child, and the demonstration of an intent not | ||
to return by a parent, guardian, or managing or possessory | ||
conservator of the child; | ||
(ii) the following acts or omissions by a | ||
person: | ||
(a) placing a child in or failing to | ||
remove a child from a situation that a reasonable person would | ||
realize requires judgment or actions beyond the child's level of | ||
maturity, physical condition, or mental abilities and that results | ||
in bodily injury or an immediate danger [ |
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[ |
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(b) failing to seek, obtain, or follow | ||
through with medical care for a child, with the failure resulting in | ||
or presenting an immediate danger [ |
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disfigurement, or bodily injury or with the failure resulting in an | ||
observable and material impairment to the growth, development, or | ||
functioning of the child; | ||
(c) the failure to provide a child | ||
with food, clothing, or shelter necessary to sustain the life or | ||
health of the child, excluding failure caused primarily by | ||
financial inability unless relief services had been offered and | ||
refused; | ||
(d) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to an immediate danger [ |
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conduct harmful to the child; or | ||
(e) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to acts or omissions that constitute abuse under | ||
Subdivision (1)(E), (F), (G), (H), or (K) committed against another | ||
child; | ||
(iii) the failure by the person responsible | ||
for a child's care, custody, or welfare to permit the child to | ||
return to the child's home without arranging for the necessary care | ||
for the child after the child has been absent from the home for any | ||
reason, including having been in residential placement or having | ||
run away; or | ||
(iv) a negligent act or omission by an | ||
employee, volunteer, or other individual working under the auspices | ||
of a facility or program, including failure to comply with an | ||
individual treatment plan, plan of care, or individualized service | ||
plan, that causes or may cause substantial emotional harm or | ||
physical injury to, or the death of, a child served by the facility | ||
or program as further described by rule or policy; and | ||
(B) does not include: | ||
(i) the refusal by a person responsible for | ||
a child's care, custody, or welfare to permit the child to remain in | ||
or return to the child's home resulting in the placement of the | ||
child in the conservatorship of the department if: | ||
(a) [ |
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emotional disturbance; | ||
(b) [ |
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based solely on the person's inability to obtain mental health | ||
services necessary to protect the safety and well-being of the | ||
child; and | ||
(c) [ |
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all reasonable means available to the person to obtain the mental | ||
health services described by Sub-subparagraph (b); or | ||
(ii) allowing 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 [ |
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SECTION 4. Section 262.116(a), Family Code, is amended to | ||
read as follows: | ||
(a) The Department of Family and Protective Services may not | ||
take possession of a child under this subchapter based on evidence | ||
that the parent: | ||
(1) homeschooled the child; | ||
(2) is economically disadvantaged; | ||
(3) 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) provided or administered low-THC cannabis to a | ||
child for whom the low-THC cannabis was prescribed under Chapter | ||
169, Occupations Code; [ |
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(5) declined immunization for the child for reasons of | ||
conscience, including a religious belief; or | ||
(6) 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. | ||
SECTION 5. Section 262.201, Family Code, is amended by | ||
amending Subsections (g), (h), (j), and (n) and adding Subsections | ||
(g-1), (j-1), and (q) to read as follows: | ||
(g) In a suit filed under Section 262.101 or 262.105, at the | ||
conclusion of the full adversary hearing, the court shall order the | ||
return of the child to the parent, managing conservator, possessory | ||
conservator, guardian, caretaker, or custodian entitled to | ||
possession from whom the child is removed unless the court finds | ||
sufficient evidence to satisfy a person of ordinary prudence and | ||
caution that: | ||
(1) there was a danger to the physical health or safety | ||
of the child, including a danger that the child would be a victim of | ||
trafficking under Section 20A.02 or 20A.03, Penal Code, which was | ||
caused by an act or failure to act of the person entitled to | ||
possession and for the child to remain in the home is contrary to | ||
the welfare of the child; | ||
(2) the urgent need for protection required the | ||
immediate removal of the child and reasonable efforts, consistent | ||
with the circumstances and providing for the safety of the child, | ||
were made to eliminate or prevent the child's removal; and | ||
(3) reasonable efforts have been made to enable the | ||
child to return home, but there is a substantial risk of a | ||
continuing danger if the child is returned home. | ||
(g-1) In a suit filed under Section 262.101 or 262.105, if | ||
the court does not order the return of the child under Subsection | ||
(g) and finds that another parent, managing conservator, possessory | ||
conservator, guardian, caretaker, or custodian entitled to | ||
possession did not cause the immediate danger to the physical | ||
health or safety of the child or was not the perpetrator of the | ||
neglect or abuse alleged in the suit, the court shall order | ||
possession of the child by that person unless the court finds, | ||
specific to each person entitled to possession, that: | ||
(1) the person cannot be located after the exercise of | ||
due diligence by the Department of Family and Protective Services, | ||
or the person is unable or unwilling to take possession of the | ||
child; or | ||
(2) reasonable efforts have been made to enable the | ||
person's possession of the child, but possession by that person | ||
presents a continuing danger to the physical health or safety of the | ||
child caused by an act or failure to act of the person, including a | ||
danger that the child would be a victim of trafficking under Section | ||
20A.02 or 20A.03, Penal Code. | ||
(h) In a suit filed under Section 262.101 or 262.105, if the | ||
court finds sufficient evidence to make the applicable finding | ||
under Subsection (g) or (g-1) [ |
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shall issue an appropriate temporary order under Chapter 105. | ||
(j) In a suit filed under Section 262.113, at the conclusion | ||
of the full adversary hearing, the court shall issue an appropriate | ||
temporary order under Chapter 105 if the court finds, with respect | ||
to the parent, managing conservator, possessory conservator, | ||
guardian, caretaker, or custodian entitled to possession from whom | ||
the Department of Family and Protective Services is seeking | ||
removal, [ |
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(1) there is a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the person entitled to possession of the child and continuation of | ||
the child in the person's home would be contrary to the child's | ||
welfare; and | ||
(2) reasonable efforts, consistent with the | ||
circumstances and providing for the safety of the child, were made | ||
to prevent or eliminate the need for the removal of the child. | ||
(j-1) In a suit filed under Section 262.113, if the court | ||
orders the removal of the child under Subsection (j) and finds that | ||
another parent, managing conservator, possessory conservator, | ||
guardian, caretaker, or custodian entitled to possession did not | ||
cause the continuing danger to the physical health or safety of the | ||
child or was not the perpetrator of the neglect or abuse alleged in | ||
the suit, the court shall order possession of the child by that | ||
person unless the court finds, specific to each person entitled to | ||
possession, that: | ||
(1) the person cannot be located after the exercise of | ||
due diligence by the Department of Family and Protective Services | ||
or the person is unable or unwilling to take possession of the | ||
child; or | ||
(2) reasonable efforts have been made to enable the | ||
person's possession of the child, but possession by that person | ||
presents a continuing danger to the physical health or safety of the | ||
child caused by an act or failure to act of the person, including a | ||
danger that the child would be a victim of trafficking under Section | ||
20A.02 or 20A.03, Penal Code. | ||
(n) If the [ |
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conservator, guardian, caretaker, or custodian entitled to | ||
possession under Subsection (g), (g-1), (j), or (j-1), the court | ||
shall place the child [ |
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the court finds that the placement with [ |
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(q) On receipt of a written request for possession of the | ||
child from a parent, managing conservator, possessory conservator, | ||
guardian, caretaker, or custodian entitled to possession of the | ||
child who was not located before the adversary hearing, the | ||
Department of Family and Protective Services shall notify the court | ||
and request a hearing to determine whether the parent, managing | ||
conservator, possessory conservator, guardian, caretaker, or | ||
custodian is entitled to possession of the child under Subsection | ||
(g-1) or (j-1). | ||
SECTION 6. Section 263.002, Family Code, is amended by | ||
amending Subsection (c) and adding Subsection (d) to read as | ||
follows: | ||
(c) At each permanency hearing before the final order, the | ||
court shall review the placement of each child in the temporary | ||
managing conservatorship of the department who has not been | ||
returned to the child's home. At the end of the hearing, the court | ||
shall order the department to return the child to the child's parent | ||
or parents unless the court finds, with respect to each parent, | ||
that: | ||
(1) there is a continuing danger to the physical | ||
health or safety of the child; and | ||
(2) returning the child to the child's parent or | ||
parents [ |
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contrary to the welfare of the child [ |
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(d) This section does not prohibit the court from rendering | ||
an order under Section 263.403. | ||
SECTION 7. Subchapter E, Chapter 263, Family Code, is | ||
amended by adding Section 263.4011 to read as follows: | ||
Sec. 263.4011. RENDERING FINAL ORDER; EXTENSION. (a) On | ||
timely commencement of the trial on the merits under Section | ||
263.401, the court shall render a final order not later than the | ||
90th day after the date the trial commences. | ||
(b) The 90-day period for rendering a final order under | ||
Subsection (a) is not tolled for any recess during the trial. | ||
(c) If the court finds that extraordinary circumstances | ||
necessitate extending the 90-day period under Subsection (a), the | ||
court may grant one extension of that date for not longer than 30 | ||
days. The court shall render a written order: | ||
(1) specifying the grounds on which the extension is | ||
granted; and | ||
(2) requiring a final order to be rendered not later | ||
than the 30th day after the date the extension is granted. | ||
(d) A party may file a mandamus proceeding if the court | ||
fails to render a final order within the time required by this | ||
section. | ||
SECTION 8. Section 263.403(a-1), Family Code, is amended to | ||
read as follows: | ||
(a-1) Unless the court has granted an extension under | ||
Section 263.401(b), the department or the parent may request the | ||
court to retain jurisdiction for an additional six months as | ||
necessary for a parent to complete the remaining requirements under | ||
[ |
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return under Subsection (a)(2)(B) [ |
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SECTION 9. Section 264.203, Family Code, is amended to read | ||
as follows: | ||
Sec. 264.203. REQUIRED PARTICIPATION. (a) The department | ||
may file a suit requesting [ |
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the court to render a temporary [ |
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order requiring the parent, managing conservator, guardian, or | ||
other member of the [ |
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(1) participate in the services for which the | ||
department makes a referral or services the department provides or | ||
purchases for: | ||
(A) alleviating the effects of the abuse or | ||
neglect that has occurred; [ |
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(B) reducing a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the parent, managing conservator, guardian, or other member of the | ||
child's household [ |
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(C) reducing a substantial risk of abuse or | ||
neglect caused by an act or failure to act of the parent, managing | ||
conservator, guardian, or member of the child's household; and | ||
(2) permit the child and any siblings of the child to | ||
receive the services. | ||
(b) A suit requesting an order under this section may be | ||
filed in a court with jurisdiction to hear the suit in the county in | ||
which the child is located [ |
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(c) Except as otherwise provided by this subchapter, the | ||
suit is governed by the Texas Rules of Civil Procedure applicable to | ||
the filing of an original lawsuit [ |
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(d) The petition shall be supported by a sworn affidavit by | ||
a person based on personal knowledge and stating facts sufficient | ||
to support a finding that: | ||
(1) the child has been a victim of abuse or neglect or | ||
is at substantial risk of abuse or neglect; and | ||
(2) there is a continuing danger to the physical | ||
health or safety of the child caused by an act or failure to act of | ||
the parent, managing conservator, guardian, or other member of the | ||
child's household unless that person participates in services | ||
requested by the department [ |
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(e) In a suit filed under this section, the court may render | ||
a temporary restraining order as provided by Section 105.001. | ||
(f) The court shall hold a hearing on the petition not later | ||
than the 14th day after the date the petition is filed unless the | ||
court finds good cause for extending that date for not more than 14 | ||
days. | ||
(g) The court shall appoint an attorney ad litem to | ||
represent the interests of the child immediately after the filing | ||
but before the hearing to ensure adequate representation of the | ||
child. The attorney ad litem for the child shall have the powers | ||
and duties of an attorney ad litem for a child under Chapter 107. | ||
(h) The court shall appoint an attorney ad litem to | ||
represent the interests of a parent for whom participation in | ||
services is being requested immediately after the filing but before | ||
the hearing to ensure adequate representation of the parent. The | ||
attorney ad litem for the parent shall have the powers and duties of | ||
an attorney ad litem for a parent under Section 107.0131. | ||
(i) Before commencement of the hearing, the court shall | ||
inform each parent of: | ||
(1) the parent's right to be represented by an | ||
attorney; and | ||
(2) for a parent who is indigent and appears in | ||
opposition to the motion, the parent's right to a court-appointed | ||
attorney. | ||
(j) If a parent claims indigence, the court shall require | ||
the parent to complete and file with the court an affidavit of | ||
indigence. The court may consider additional evidence to determine | ||
whether the parent is indigent, including evidence relating to the | ||
parent's income, source of income, assets, property ownership, | ||
benefits paid in accordance with a federal, state, or local public | ||
assistance program, outstanding obligations, and necessary | ||
expenses and the number and ages of the parent's dependents. If the | ||
court determines the parent is indigent, the attorney ad litem | ||
appointed to represent the interests of the parent may continue the | ||
representation. If the court determines the parent is not | ||
indigent, the court shall discharge the attorney ad litem from the | ||
appointment after the hearing and shall order the parent to pay the | ||
cost of the attorney ad litem's representation. | ||
(k) The court may, for good cause shown, postpone any | ||
subsequent proceedings for not more than seven days after the date | ||
of the attorney ad litem's discharge to allow the parent to hire an | ||
attorney or to provide the parent's attorney time to prepare for the | ||
subsequent proceeding. | ||
(l) An order may be rendered under this section only after | ||
notice and hearing. | ||
(m) At the conclusion of the hearing, the court shall deny | ||
the petition unless the court finds by a preponderance of evidence | ||
that: | ||
(1) abuse or neglect has occurred or there is a | ||
substantial risk of abuse or neglect or continuing danger to the | ||
physical health or safety of the child caused by an act or failure | ||
to act of the parent, managing conservator, guardian, or other | ||
member of the child's household; and | ||
(2) services are necessary to ensure the physical | ||
health or safety of the child. | ||
(n) If the court renders an order granting the petition, the | ||
court shall: | ||
(1) state its findings in the order; | ||
(2) make appropriate temporary orders under Chapter | ||
105 necessary to ensure the safety of the child; and | ||
(3) order the participation in specific services | ||
narrowly tailored to address the findings made by the court under | ||
Subsection (m). | ||
(o) If the court finds that a parent, managing conservator, | ||
guardian, or other member of the child's household did not cause the | ||
continuing danger to the physical health or safety of the child or | ||
the substantial risk of abuse or neglect, or was not the perpetrator | ||
of the abuse or neglect alleged, the court may not require that | ||
person to participate in services ordered under Subsection (n). | ||
(p) Not later than the 90th day after the date the court | ||
renders an order under this section, the court shall hold a hearing | ||
to review the status of each person required to participate in the | ||
services and the child and the services provided, purchased, or | ||
referred. The court shall set subsequent review hearings every 90 | ||
days to review the continued need for the order. | ||
(q) An order rendered under this section expires on the | ||
180th day after the date the order is signed unless the court | ||
extends the order as provided by Subsection (r) or (s). | ||
(r) The court may extend an order rendered under this | ||
section on a showing by the department of a continuing need for the | ||
order, after notice and hearing. Except as provided by Subsection | ||
(s), the court may extend the order only one time for not more than | ||
180 days. | ||
(s) The court may extend an order rendered under this | ||
section for not more than an additional 180 days only if: | ||
(1) the court finds that: | ||
(A) the extension is necessary to allow the | ||
person required to participate in services under the plan of | ||
service time to complete those services; | ||
(B) the department made a good faith effort to | ||
timely provide the services to the person; | ||
(C) the person made a good faith effort to | ||
complete the services; and | ||
(D) the completion of the services is necessary | ||
to ensure the physical health and safety of the child; and | ||
(2) the extension is requested by the person or the | ||
person's attorney. | ||
(t) At any time, a person affected by the order may request | ||
the court to terminate the order. The court shall terminate the | ||
order on finding the order is no longer needed. | ||
SECTION 10. Section 161.101, Family Code, as amended by | ||
this Act, applies only to a petition or motion filed by the | ||
Department of Family and Protective Services on or after the | ||
effective date of this Act. A petition or motion filed by the | ||
department before that date is governed by the law in effect on the | ||
date the petition or motion was filed, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 11. The changes in law made by this Act apply only | ||
to a suit filed by the Department of Family and Protective Services | ||
on or after the effective date of this Act. A suit filed by the | ||
department 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 12. This Act takes effect September 1, 2021. |