Bill Text: TX SB2157 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the burden of proof in certain suits affecting the parent-child relationship.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-03-22 - Referred to Jurisprudence [SB2157 Detail]
Download: Texas-2023-SB2157-Introduced.html
| By: Eckhardt | S.B. No. 2157 | |
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| relating to the burden of proof in certain suits affecting the | ||
| parent-child relationship. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 153.004, Family Code, is amended by | ||
| amending Subsection (d-1) to read as follows: | ||
| (d-1) Subject to [ |
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| notwithstanding Subsection (d)(1), the court may allow a parent to | ||
| have access to a child if the court: | ||
| (1) finds that awarding the parent access to the child | ||
| would not endanger the child's physical health or emotional welfare | ||
| and would be in the best interest of the child; and | ||
| (2) renders a possession order that is designed to | ||
| protect the safety and well-being of the child and any other person | ||
| who has been a victim of family violence committed by the parent and | ||
| that may include a requirement that: | ||
| (A) the periods of access be continuously | ||
| supervised by an entity or person chosen by the court; | ||
| (B) the exchange of possession of the child occur | ||
| in a protective setting; | ||
| (C) the parent abstain from the consumption of | ||
| alcohol or a controlled substance, as defined by Chapter 481, | ||
| Health and Safety Code, within 12 hours prior to or during the | ||
| period of access to the child; or | ||
| (D) the parent attend and complete a battering | ||
| intervention and prevention program as provided by Article 42.141, | ||
| Code of Criminal Procedure, or, if such a program is not available, | ||
| complete a course of treatment under Section 153.010. | ||
| (e) It is a rebuttable presumption that it is not in the best | ||
| interest of a child for a parent to have unsupervised visitation | ||
| with the child if credible evidence is presented of a history or | ||
| pattern of past or present child neglect or abuse or family violence | ||
| by: | ||
| (1) that parent; or | ||
| (2) any person who resides in that parent's household | ||
| or who is permitted by that parent to have unsupervised access to | ||
| the child during that parent's periods of possession of or access to | ||
| the child. | ||
| (f) In determining under this section whether there is | ||
| credible evidence of a history or pattern of past or present child | ||
| neglect or abuse or family violence by a parent or other person, as | ||
| applicable, the court shall consider whether a protective order was | ||
| rendered under Chapter 85, Title 4, against the parent or other | ||
| person during the two-year period preceding the filing of the suit | ||
| or during the pendency of the suit. | ||
| (g) In this section: | ||
| (1) "Abuse" and "neglect" have the meanings assigned | ||
| by Section 261.001. | ||
| (2) "Family violence" has the meaning assigned by | ||
| Section 71.004. | ||
| 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 affecting the parent-child | ||
| relationship filed before the effective date of this Act 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, 2023. | ||
