Bill Text: TX SB885 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the grounds for terminating and reinstating a person's parental rights and the adoption of certain children.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-05-16 - Left pending in committee [SB885 Detail]
Download: Texas-2023-SB885-Engrossed.html
By: Zaffirini | S.B. No. 885 |
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relating to the grounds for terminating and reinstating a person's | ||
parental rights and the adoption of certain children. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 161.001, Family Code, is amended by | ||
adding Subsections (b-1) and (b-2) to read as follows: | ||
(b-1) If a parent has had a protective order issued against | ||
the parent under Chapter 85 and the court issuing the protective | ||
order made a finding under Section 85.025(a-1)(1) that the parent | ||
committed an act constituting an offense involving family violence, | ||
the court may order termination of the parent-child relationship if | ||
the court finds by clear and convincing evidence that: | ||
(1) the parent committed an act constituting an | ||
offense listed under Subsection (b)(1)(L); and | ||
(2) termination is in the best interest of the child. | ||
(b-2) In determining whether to order termination under | ||
Subsection (b-1), the court may consider any evidence offered in | ||
the hearing under Subtitle B, Title 4, that resulted in the court | ||
issuing the protective order. | ||
SECTION 2. Section 161.302(b), Family Code, is amended to | ||
read as follows: | ||
(b) Except as provided by Section 161.305, a [ |
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for the reinstatement of parental rights may be filed under this | ||
subchapter only if: | ||
(1) the termination of parental rights resulted from a | ||
suit filed by the department; | ||
(2) at least two years have passed since the issuance | ||
of the order terminating the former parent's parental rights and an | ||
appeal of the order is not pending; | ||
(3) the child has not been adopted; | ||
(4) the child is not the subject of an adoption | ||
placement agreement; and | ||
(5) the petitioner has provided the notice required by | ||
Subsection (d), if the petitioner is the former parent whose | ||
parental rights are sought to be reinstated. | ||
SECTION 3. Subchapter D, Chapter 161, Family Code, is | ||
amended by adding Section 161.305 to read as follows: | ||
Sec. 161.305. CERTAIN PETITIONS FOR REINSTATEMENT. (a) A | ||
former parent whose parental rights have been terminated under | ||
Section 161.001(b-1) may file a petition under this subchapter to | ||
reinstate the former parent's parental rights. | ||
(b) The court shall grant a petition under this section | ||
without a hearing and order the reinstatement of the former | ||
parent's parental rights if the petition demonstrates that the act | ||
upon which the decision to terminate the former parent's parental | ||
rights is based did not result in the former parent being criminally | ||
adjudicated in the manner required for termination under Section | ||
161.001(b)(1)(L). | ||
SECTION 4. Section 162.001, Family Code, is amended by | ||
adding Subsection (d) to read as follows: | ||
(d) The child of a parent whose parental rights have been | ||
terminated under Section 161.001(b-1) may not be adopted unless the | ||
parent has subsequently been criminally adjudicated in the manner | ||
required by Section 161.001(b)(1)(L) for the act upon which the | ||
decision to terminate the parent's parental rights is based. | ||
SECTION 5. 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 6. This Act takes effect September 1, 2023. |