Zaffirini Bill Opens Parental Rights Reinstatement Beyond Department Suits

The text as introduced · 2,062 words

89R5884 MM-D

By: Zaffirini
S.B. No. 2014

A BILL TO BE ENTITLED

AN ACT

relating to policies and procedures regarding certain 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. Sections 161.001(d-1), (f), and (g), Family

Code, are amended to read as follows:

(d-1) The court may not order termination under Subsection

(b)(1)(M) unless the petition for the termination of the

parent-child relationship is filed not later than the first

anniversary of the date the department or an equivalent agency in

another state was granted permanent managing conservatorship of a

child in the case that resulted in the termination of the

parent-child relationship with respect to that child based on a

finding that the parent's conduct violated Subsection (b)(1)(D) or

(E) or substantially equivalent provisions of the law of another

state.

(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 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 trier of fact found that 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 the reasonable efforts the

department made to return the child to the child's home.

SECTION 2. The heading to Subchapter D, Chapter 161, Family

Code, is amended to read as follows:

SUBCHAPTER D. REINSTATEMENT OF PARENTAL RIGHTS AFTER [ INVOLUNTARY ]

TERMINATION

SECTION 3. Sections 161.302(a), (b), and (d), Family Code,

are 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 , or 161.005 :

(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.

(b) A petition 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;

(2) [ (3) ] the child has not been adopted;

(3) [ (4) ] the child is not the subject of an adoption

placement agreement; and

(4) [ (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.

(d) Before a former parent whose parental rights have been

[ involuntarily ] terminated may file a petition for reinstatement

under this subchapter, the former parent, at least 45 days before

the petition is filed, must notify the department of the former

parent's intent to file the petition. The commissioner shall

create a form to be used by a former parent for that notice that

includes the information listed in Subsection (c). A copy of the

notice must be filed with the petition.

SECTION 4. Subchapter C, Chapter 201, Family Code, is

amended by adding Section 201.2043 to read as follows:

Sec. 201.2043. PROCEEDINGS AND JUDICIAL ACTIONS BY REMOTE

COMMUNICATION. (a) In this section, "remote communication"

includes teleconferencing, videoconferencing, and any similar

technology.

(b) Unless a party or an attorney ad litem for a child files

a written objection and except as provided by Subsection (d), an

associate judge appointed under this subchapter may conduct a

proceeding or perform a judicial action authorized under Section

201.204 from any location in this state using remote communication.

(c) Except as provided by Subsection (d), an associate judge

appointed under this subchapter may require or authorize a party to

participate in a proceeding authorized under Section 201.204 using

a method of remote communication available to the party.

(d) A respondent is entitled to appear in person at a final

hearing that may result in the termination of the respondent's

parental rights under Chapter 161 or the award of permanent

managing conservatorship of the respondent's child to the

department. The respondent may waive the right to appear in person

at the hearing in writing or on the record. Unless the respondent

waives that right, the associate judge must also appear at the

hearing in person.

SECTION 5. Section 263.306(a-1), Family Code, is amended to

read as follows:

(a-1) At each permanency hearing before a final order is

rendered, the court shall:

(1) identify all persons and parties present at the

hearing;

(2) review the efforts of the department or other

agency in:

(A) locating and requesting service of citation

on all persons entitled to service of citation under Section

102.009; and

(B) obtaining the assistance of a parent in

providing information necessary to locate an absent parent, alleged

father, relative of the child, or other adult identified by the

child as a potential relative or designated caregiver;

(3) ask all parties present whether the child or the

child's family has a Native American heritage and identify any

Native American tribe with which the child may be associated;

(4) review the extent of the parties' compliance with

temporary orders and the service plan and the extent to which

progress has been made toward alleviating or mitigating the causes

necessitating the placement of the child in foster care;

(5) review the permanency progress report to

determine:

(A) the safety and well-being of the child and

whether the child's needs, including any medical or special needs,

are being adequately addressed;

(B) the continuing necessity and appropriateness

of the placement of the child, including with respect to a child who

has been placed outside of this state, whether the placement

continues to be in the best interest of the child;

(C) the appropriateness of the primary and

alternative permanency goals for the child developed in accordance

with department rule and whether the department has made reasonable

efforts to finalize the permanency plan, including the concurrent

permanency goals, in effect for the child;

(D) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to express

the child's opinion on any medical care provided;

(E) whether the child has been provided the

opportunity, in a developmentally appropriate manner, to identify

any adults, particularly an adult residing in the child's

community, who could be a relative or designated caregiver for the

child;

(F) for a child receiving psychotropic

medication, whether the child:

(i) has been provided appropriate

nonpharmacological interventions, therapies, or strategies to meet

the child's needs; or

(ii) has been seen by the prescribing

physician, physician assistant, or advanced practice nurse at least

once every 90 days;

(G) whether an education decision-maker for the

child has been identified, the child's education needs and goals

have been identified and addressed, and there have been major

changes in the child's school performance or there have been

serious disciplinary events;

(H) for a child 14 years of age or older, whether

services that are needed to assist the child in transitioning from

substitute care to independent living are available in the child's

community;

(I) for a child whose permanency goal is another

planned permanent living arrangement:

(i) the desired permanency outcome for the

child, by asking the child;

(ii) whether, as of the date of the hearing,

another planned permanent living arrangement is the best permanency

plan for the child and, if so, provide compelling reasons why it

continues to not be in the best interest of the child to:

(a) return home;

(b) be placed for adoption;

(c) be placed with a legal guardian;

or

(d) be placed with a fit and willing

relative;

(iii) whether the department has conducted

an independent living skills assessment under Section

264.121(a-3);

(iv) whether the department has addressed

the goals identified in the child's permanency plan, including the

child's housing plan, and the results of the independent living

skills assessment;

(v) if the youth is 16 years of age or

older, whether there is evidence that the department has provided

the youth with the documents and information listed in Section

264.121(e); and

(vi) if the youth is 18 years of age or

older or has had the disabilities of minority removed, whether

there is evidence that the department has provided the youth with

the documents and information listed in Section 264.121(e-1);

(J) based on the court's determination under

Section 263.002, whether continued placement is appropriate if the

child is placed in a residential treatment center; and

(K) based on the court's determination under

Section 263.00201, whether continued placement is appropriate if

the child is placed in a qualified residential treatment program;

(6) determine whether to return the child to the

child's parents in accordance with Section 263.002(c) [ if the

child's parents are willing and able to provide the child with a

safe environment and the return of the child is in the child's best

interest ];

(7) estimate a likely date by which the child may be

returned to and safely maintained in the child's home, placed for

adoption, or placed in permanent managing conservatorship; and

(8) announce in open court the dismissal date and the

date of any upcoming hearings.

SECTION 6. Sections 264.203(q), (r), and (s), Family Code,

are amended to read as follows:

(q) An order rendered under this section expires on the

180th day after the date the order is rendered [ signed ] unless the

court extends the order as provided by Subsection (r) or (s).

(r) The court may extend an order rendered under this

section on a showing by any party [ the department ] of a continuing

need for the order, after notice and hearing. Except as provided by

Subsection (s), the court may extend the order only one time for not

more than 180 days.

(s) The court may extend an order rendered under this

section for not more than an additional 180 days only if[ :

[ (1) ] the court finds that:

(1) [ (A) ] the extension is necessary to allow the

person required to participate in services under the plan of

service time to complete those services;

(2) [ (B) ] the department made a good faith effort to

timely provide the services to the person;

(3) [ (C) ] the person made a good faith effort to

complete the services; and

(4) [ (D) ] the completion of the services is necessary

to ensure the physical health and safety of the child [ ; and

[ (2) the extension is requested by the person or the

person's attorney ].

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. The change in law made by Section 201.2043,

Family Code, as added by this Act applies only to a proceeding

conducted or judicial action performed on or after the effective

date of this Act.

SECTION 9. This Act takes effect September 1, 2025.