bill ties child-welfare case extensions to a parent’s request

The text as introduced · 369 words

89R13645 MM-D

By: Dutton
H.B. No. 3996

A BILL TO BE ENTITLED

AN ACT

relating to extensions of the mandatory dismissal date in certain

suits 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. Sections 263.401(b) and (b-3), Family Code, are

amended to read as follows:

(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 the parent in open court

requests an extension of time 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).

(b-3) A court shall find under Subsection (b) that

extraordinary circumstances necessitate the child remaining in the

temporary managing conservatorship of the department if:

(1) a parent of a child has made a good faith effort to

successfully complete the service plan but needs additional time ,

including additional time to complete a substance abuse treatment

program that was ordered as part of the service plan ; and

(2) on completion of the service plan the court

intends to order the child returned to the parent.

SECTION 2. This Act takes effect September 1, 2025.