bill striking one ground for ending parental rights

The text as introduced · 1,633 words

89R17242 AMF-D

By: Dutton
H.B. No. 5026

A BILL TO BE ENTITLED

AN ACT

relating to grounds for the involuntary 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)(S)(iv) or (b)(1)(T) [ 161.001(b)(1)(T)(iv) or

(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. Section 161.001(b), Family Code, is amended to

read as follows:

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

relationship if the court finds 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 which endanger the

physical or emotional well-being of the child;

(E) engaged in conduct or knowingly placed the

child with persons who engaged in conduct which endangers the

physical or emotional well-being of the child;

(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;

(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;

[ (P) ] used a controlled substance, as defined by

Chapter 481, Health and Safety Code, in a manner that endangered the

health or safety of the child, 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;

(P) [ (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;

(Q) [ (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;

(R) [ (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;

(S) [ (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;

(T) [ (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

(U) [ (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.

SECTION 3. The change in law made by this Act applies 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 4. This Act takes effect September 1, 2025.