Bill Text: TX SB1415 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to the child protective service functions of the Department of Family and Protective Services.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-05-04 - Committee report printed and distributed [SB1415 Detail]

Download: Texas-2017-SB1415-Introduced.html

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85R11873 TYPED
By: Hughes S.B. No. 1415

A BILL TO BE ENTITLED
AN ACT
Relating to certain procedures in suits affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 105.002, Family Code, is amended by
adding Subsection (d) to read as follows:
(d) In a suit affecting the parent-child relationship in
which the Department of Family and Protective Services seeks
termination of the parent-child relationship, the court may not
issue broad-form questions to the jury on the issue of whether to
terminate the parent-child relationship. The court shall instruct
the jury to find from the evidence whether the grounds for
termination of the parent-child relationship alleged in the
petition are true. If the petition alleges more than one ground for
termination, the jury shall indicate in the verdict which grounds
are sustained by the evidence and which are not sustained. To the
extent that this subsection conflicts with the Texas Rules of Civil
Procedure, this subsection controls. Notwithstanding Section
22.004, Government Code, the supreme court may not amend or adopt
rules in conflict with this subsection.
SECTION 2. Section 154.001, Family Code, is amended by
amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) In a suit filed by the Department of Family and
Protective Services to be named managing conservator of a child,
the court may not order a parent of the child to make periodic
payments for the support of the child while the suit is pending,
except as provided by this section. [The court may order either or
both parents to make periodic payments for the support of a child in
a proceeding in which the Department of Protective and Regulatory
Services is named temporary managing conservator.]
(b-1) In a proceeding in which a court renders a final order
appointing the Department of Family and Protective [and Regulatory]
Services as [is named permanent] managing conservator of a child
whose parents' rights have not been terminated, the court shall
order each parent that is financially able to make periodic
payments for the support of the child.
SECTION 3. Subchapter B, Chapter 161, Family Code, is
amended by adding Section 161.1011 to read as follows:
Sec. 161.1011. FILING REQUIREMENT FOR PETITION RELATING TO
MORE THAN ONE CHILD. (a) Before filing a petition for the
termination of the parent-child relationship relating to more than
one child, the Department of Family and Protective Services must
determine whether any court has continuing, exclusive jurisdiction
of a child named in the petition. If a court is determined to have
continuing, exclusive jurisdiction of a child named in the
petition, the department shall file the petition in that court.
(b) If more than one court has continuing, exclusive
jurisdiction of a child named in the petition, the department shall
file the petition in the court that has most recently exercised
continuing, exclusive jurisdiction of a child named in the
petition.
SECTION 4. Section 161.206, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) In a suit filed by the Department of Family and
Protective Services seeking termination of the parent-child
relationship for both parents of the child, the court may order
termination of the parent-child relationship for both parents only
if the court finds by clear and convincing evidence grounds for the
termination of the parent-child relationship for each parent. An
order rendered under this subsection must state the grounds for
terminating the parent-child relationship for each parent.
SECTION 5. Section 262.201, Family Code, is amended by
adding Subsection (a-5) to read as follows:
(a-5) If a parent who is not indigent appears in opposition
to the suit, the court may, for good cause shown, postpone the full
adversary hearing for not more than seven days from the date of the
parent's appearance to allow the parent to hire an attorney or to
provide the parent's attorney time to respond to the petition and
prepare for the hearing. A postponement under this subsection is
subject to the limits and requirements prescribed by Subsection
(a-3).
SECTION 6. Subchapter C, Chapter 262, Family Code, is
amended by adding Section 262.206 to read as follows:
Sec. 262.206. EX PARTE HEARINGS PROHIBITED. Unless
otherwise authorized by law, a hearing held by a court in a suit
under this chapter may not be ex parte.
SECTION 7. Section 263.401, Family Code, is amended to read
as follows:
Sec. 263.401. DISMISSAL AFTER ONE YEAR; NEW TRIALS;
EXTENSION. (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 first anniversary of the date the court
rendered a temporary order appointing the department as temporary
managing conservator, the court's jurisdiction over [court shall
dismiss] 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 the suit is automatically dismissed
without a court order.
(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 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-1) If, after commencement of the initial trial on the
merits within the time required by Subsection (a) or (b), the court
grants a motion for a new trial or mistrial, or the case is remanded
to the court by an appellate court following an appeal of the
court's final order, the court shall retain the suit on the court's
docket and render an order in which the court:
(1) schedules a new date on which the suit will be
automatically dismissed if the new trial has not commenced, which
must be a date not later than the 180th day after the date on which:
(A) the motion for a new trial or mistrial is
granted; or
(B) the appellate court remanded the case;
(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 new trial on the merits for a date not
later than the date specified under Subdivision (1).
(c) If the court grants an extension under Subsection (b) or
(b-1) but does not commence the trial on the merits before the
dismissal date, the court's jurisdiction over [court shall dismiss]
the suit is terminated and the suit is automatically dismissed
without a court order. The court may not grant an additional
extension that extends the suit beyond the required date for
dismissal under Subsection (b) or (b-1), as applicable.
SECTION 8. The changes in law made by this Act apply only to
a suit affecting the parent-child relationship filed on or after
the effective date of this Act. A suit filed before that date is
governed by the law in effect on the date the suit was filed, and the
former law is continued in effect for that purpose.
SECTION 9. This Act takes effect September 1, 2017.