Dutton’s bill limiting when the state ends parental rights

The text as introduced · 851 words

By: Dutton
H.B. No. 3282

A BILL TO BE ENTITLED

AN ACT

relating to certain procedures in suits affecting the parent-child

relationship filed by the Department of Family and Protective

Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 161.101, Family Code, is amended by

adding Subsections (c), (d), and (e) to read as follows:

(c) The Department of Family and Protective Services may not

file a petition for the termination of the parent-child

relationship unless:

(1) the child has been in the temporary managing

conservatorship of the department for at least 15 of the previous 22

months;

(2) the child is under two years of age and the court

has previously determined that the child was abandoned; or

(3) the department petition alleges aggravated

circumstances under Section 262.2015 against the parent.

(d) Notwithstanding Subsection (c), the Department of

Family and Protective Services may not file a petition for the

termination of the parent-child relationship if:

(1) the child is being cared for by a relative;

(2) the department finds a compelling reason why

termination of the parent-child relationship is not in the child's

best interests and documents that reason in the family service

plan;

(3) the court made a finding during the preceding 12

months that the department failed to make reasonable efforts to

reunite the child and family; or

(4) the parent is incarcerated, or the parent's

previous incarceration is a significant factor in the duration of

the department's conservatorship of the child, and the parent

maintains a meaningful role in the child's life, and the department

has not documented another reason why it would otherwise be

appropriate to terminate parental rights.

(e) The assessment of whether a parent maintains a

meaningful role in the child's life for purposes of Subsection

(d)(4) may include consideration of:

(1) the child's best interests;

(2) the parent's concern for the child, demonstrated

in letters, telephone calls, visits, and other forms of

communication and the impact of the communication with the child;

(3) the parent's efforts to:

(A) communicate with and work with the department

for the purpose of complying with the family service plan; and

(B) repair, maintain, or build the parent-child

relationship;

(4) limitations on the parent's access to family

support programs, therapeutic services, visiting opportunities,

and telephone and mail services; and

(5) limitations on the parent's ability to

meaningfully participate in court proceedings.

SECTION 2. The heading to Section 263.401, Family Code, is

amended to read as follows:

Sec. 263.401. DISMISSAL AFTER TWO YEARS [ ONE YEAR ]; NEW

TRIALS; EXTENSION.

SECTION 3. Sections 263.401(a) and (b), Family Code, are

amended to read as follows:

(a) Unless the court has commenced the trial on the merits

or granted an extension under Subsection (b) or (b-1), on the first

Monday after the second [ first ] anniversary of the date the court

rendered a temporary order appointing the department as temporary

managing conservator, the court's jurisdiction over the suit

affecting the parent-child relationship filed by the department

that requests termination of the parent-child relationship or

requests that the department be named conservator of the child is

terminated and all pleadings filed by a party are [ the suit is ]

automatically dismissed without a court order. Not later than the

60th day before the day the suit and all pleadings belonging to a

party are [ is ] automatically dismissed, the court shall notify all

parties to the suit of the automatic dismissal date.

(b) Unless the court has commenced the trial on the merits,

the court may not retain the suit on the court's docket after the

time described by Subsection (a) unless a parent files a motion to

extend time or a motion pursuant to Section 263.403 and the court

finds that extraordinary circumstances necessitate the child

remaining in the temporary managing conservatorship of the

department and that continuing the appointment of the department as

temporary managing conservator is in the best interest of the

child. If the court makes those findings, the court may retain the

suit on the court's docket for a period not to exceed 180 days after

the time described by Subsection (a). If the court retains the suit

on the court's docket, the court shall render an order in which the

court:

(1) schedules the new date on which the suit will be

automatically dismissed if the trial on the merits has not

commenced, which date must be not later than the 180th day after the

time described by Subsection (a);

(2) makes further temporary orders for the safety and

welfare of the child as necessary to avoid further delay in

resolving the suit; and

(3) sets the trial on the merits on a date not later

than the date specified under Subdivision (1).

SECTION 4. The changes in law made by this Act apply to a

suit affecting the parent-child relationship that is pending in a

trial court on the effective date of this Act or that is filed on or

after the effective date of this Act.

SECTION 5. This Act takes effect September 1, 2025.