Dutton’s bill raising proof to end parental rights

The text as introduced · 2,522 words

By: Dutton
H.B. No. 3281

A BILL TO BE ENTITLED

AN ACT

relating to procedures and grounds for termination of 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) [ 161.001(b)(1)(T)(iv) ] or (b)(1)(Q)

[ (b)(1)(U) ], or a child who was conceived as a direct result of

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. Sections 161.001(b), (c), (f), and (g), Family

Code, are amended to read as follows:

(b) The court may order termination of the parent-child

relationship if the court finds beyond a reasonable doubt [ by clear

and convincing evidence ]:

(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 [ which

endanger the physical or emotional well-being of ] the child in

immediate danger that resulted in serious bodily injury or physical

or mental impairment ;

(E) engaged in conduct or knowingly placed the

child with persons who engaged in conduct that placed [ which

endangers the physical or emotional well-being of ] the child in

immediate danger that resulted in serious bodily injury or physical

or mental impairment ;

(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) [ been the major cause of:

[ (i) the failure of the child to be enrolled

in school as required by the Education Code; or

[ (ii) the child's absence from the child's

home without the consent of the parents or guardian for a

substantial length of time or without the intent to return;

[ (K) ] executed before or after the suit is filed

an unrevoked or irrevocable affidavit of relinquishment of parental

rights as provided by this chapter;

(K) [ (L) ] been convicted or has been placed on

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 a child, elderly individual, or disabled individual);

(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);

[ (M) had his or her parent-child relationship

terminated with respect to another child based on a finding that the

parent's conduct was in violation of Paragraph (D) or (E) or

substantially equivalent provisions of the law of another state;

[ (N) constructively abandoned the child who has

been in the permanent or temporary managing conservatorship of the

Department of Family and Protective Services for not less than six

months, and:

[ (i) the department has made reasonable

efforts to return the child to the parent;

[ (ii) 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;

[ (O) failed to comply with the provisions of a

court order that specifically established the actions necessary for

the parent to obtain the return of the child who has been in the

permanent or temporary managing conservatorship of the Department

of Family and Protective Services for not less than nine months as a

result of the child's removal from the parent under Chapter 262 for

the abuse or neglect of the child; ]

(L) [ (P) ] used a controlled substance, as

defined by Chapter 481, Health and Safety Code, in a manner that

placed [ endangered the health or safety of ] the child in immediate

danger that resulted in serious bodily injury or physical or mental

impairment , 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;

(M) [ (Q) ] knowingly engaged in criminal conduct

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;

(N) [ (R) ] been the cause of the child being born

addicted to alcohol or a controlled substance, other than a

controlled substance legally obtained by prescription;

(O) [ (S) ] voluntarily delivered the child to a

designated emergency infant care provider under Section 262.302

without expressing an intent to return for the child;

(P) [ (T) ] been convicted of:

(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;

(Q) [ (U) ] been placed on community supervision,

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; or

(R) [ (V) ] been convicted of:

(i) criminal solicitation of a minor under

Section 15.031, 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 15.031, Penal Code; or

(ii) online solicitation of a minor under

Section 33.021, 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 33.021, 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

provide proof beyond a reasonable doubt and is not [ constitute

clear and convincing evidence ] 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;

(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; or

(7) 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.

(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 Subsection (b)(1) unless the court finds proof

beyond a reasonable doubt [ by clear and convincing evidence ] and

describes in writing with specificity in a separate section of the

order 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 a separate

section of its order written findings describing with specificity :

(1) the reasonable efforts the department made to

return the child to the child's home ; and

(2) the continuing danger that remains in the home

that prevents the return of the child to the parent .

SECTION 3. Section 161.007(a), Family Code, is amended to

read as follows:

(a) Except as provided by Subsection (b), the court shall

order the termination of the parent-child relationship of a parent

and a child if the court finds proof beyond a reasonable doubt [ by

clear and convincing evidence ] that:

(1) the parent has engaged in conduct that constitutes

an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal

Code;

(2) as a direct result of the conduct described by

Subdivision (1), the victim of the conduct became pregnant with the

parent's child; and

(3) termination is in the best interest of the child.

SECTION 4. Sections 161.206(a) and (a-1), Family Code, are

amended to read as follows:

(a) If the court finds proof beyond a reasonable doubt of

[ by clear and convincing evidence ] grounds for termination of the

parent-child relationship, it shall render an order terminating the

parent-child relationship.

(a-1) In a suit filed by the Department of Family and

Protective Services seeking termination of the parent-child

relationship for more than one parent of the child, the court may

order termination of the parent-child relationship for the parent

only if the court finds proof beyond a reasonable doubt of [ by clear

and convincing evidence ] grounds for the termination of the

parent-child relationship for that parent.

SECTION 5. Section 161.302(a), Family Code, is amended to

read as follows:

(a) The following persons may file a petition under this

subchapter requesting the court to reinstate the parental rights of

a former parent whose parental rights were involuntarily terminated

under Section 161.001 [ or 161.003 ]:

(1) the department;

(2) the single source continuum contractor under

Subchapter B-1, Chapter 264, with responsibility for the child who

is the subject of the petition;

(3) the attorney ad litem for the child who is the

subject of the petition; or

(4) the former parent whose parental rights were

involuntarily terminated.

SECTION 6. The following provisions of the Family Code are

repealed:

(1) Sections 161.001(d) and (d-1);

(2) Section 161.003; and

(3) Section 264.101(b).

SECTION 7. The changes in law made by this Act apply only 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 the suit is filed, and the former law is continued in effect

for that purpose.

SECTION 8. This Act takes effect September 1, 2025.