Bill Text: TX HB957 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to standing in a suit affecting the parent-child relationship.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2023-03-02 - Referred to Juvenile Justice & Family Issues [HB957 Detail]

Download: Texas-2023-HB957-Introduced.html

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88R3027 MLH-F
By: Dutton H.B. No. 957

A BILL TO BE ENTITLED
AN ACT
relating to standing in a suit affecting the parent-child
relationship.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.003, Family Code, is amended to read
as follows:
Sec. 102.003. GENERAL STANDING TO FILE SUIT. (a) An
original suit may be filed at any time by:
(1) a parent of the child;
(2) the child through a representative authorized by
the court;
(3) a custodian or person having the right of
visitation with or access to the child appointed by an order of a
court of another state or country;
(4) a guardian of the person or of the estate of the
child;
(5) a governmental entity;
(6) the Department of Family and Protective Services;
(7) a licensed child placing agency;
(8) a man alleging himself to be the father of a child
filing in accordance with Chapter 160, subject to the limitations
of that chapter, but not otherwise;
(9) a person, other than a foster parent, relative, or
designated caregiver of a child placed by the Department of Family
and Protective Services, who has had actual care, control, and
possession of the child for at least six months ending not more than
90 days preceding the date of the filing of the petition;
(10) a person designated as the managing conservator
in a revoked or unrevoked affidavit of relinquishment under Chapter
161 or to whom consent to adoption has been given in writing under
Chapter 162;
(11) [a person with whom the child and the child's
guardian, managing conservator, or parent have resided for at least
six months ending not more than 90 days preceding the date of the
filing of the petition if the child's guardian, managing
conservator, or parent is deceased at the time of the filing of the
petition;
[(12)] a person who is the foster parent, relative, or
designated caregiver of a child placed by the Department of Family
and Protective Services in the person's home for at least 12 months
ending not more than 90 days preceding the date of the filing of the
petition, unless:
(A) the child has been returned to the parent
under Section 263.403; or
(B) the child has been placed with a parent and
the suit by the Department of Family and Protective Services has
been dismissed under Section 263.401;
(12) [(13)] a person who is a relative of the child
within the fourth [third] degree by consanguinity, as determined by
Chapter 573, Government Code, if the child's parents are deceased
at the time of the filing of the petition;
(13) [(14)] a person who has been named as a
prospective adoptive parent of a child by a pregnant woman or the
parent of the child, in a verified written statement to confer
standing executed under Section 102.0035, regardless of whether the
child has been born; or
(14) [(15)] subject to Subsection (d), a person who is
an intended parent of a child or unborn child under a gestational
agreement that complies with the requirements of Section 160.754.
(b) In computing the time necessary for standing under
Subsections (a)(9) and [,] (11), [and (12),] the court may not
require that the time be continuous and uninterrupted but shall
consider the child's principal residence during the relevant time
preceding the date of commencement of the suit.
(c) Notwithstanding the time requirements of Subsection
(a)(11) [(a)(12)], a person who is the foster parent of a child may
file a suit to adopt a child for whom the person is providing foster
care at any time after the person has been approved to adopt the
child. The standing to file suit under this subsection applies only
to the adoption of a child who is eligible to be adopted.
(d) A person described by Subsection (a)(14) [(a)(15)] has
standing to file an original suit only if:
(1) the person is filing an original suit jointly with
the other intended parent under the gestational agreement; or
(2) the person is filing an original suit against the
other intended parent under the gestational agreement.
SECTION 2. Sections 102.0035(a) and (e), Family Code, are
amended to read as follows:
(a) A pregnant woman or a parent of a child may execute a
statement to confer standing to a prospective adoptive parent as
provided by this section to assert standing under Section
102.003(a)(13) [102.003(a)(14)]. A statement to confer standing
under this section may not be executed in a suit brought by a
governmental entity under Chapter 262 or 263.
(e) A statement to confer standing is not required in a suit
brought by a person who has standing to file a suit affecting the
parent-child relationship under Sections 102.003(a)(1)-(12) and
(14) [102.003(a)(1)-(13)] or any other law under which the person
has standing to file a suit.
SECTION 3. The heading to Section 102.004, Family Code, is
amended to read as follows:
Sec. 102.004. STANDING FOR CERTAIN RELATIVES AND
[GRANDPARENT OR] OTHER PERSONS [PERSON].
SECTION 4. Section 102.004, Family Code, is amended by
amending Subsections (a), (b), and (b-1) and adding Subsections
(b-2) and (b-3) to read as follows:
(a) In addition to the general standing to file suit
provided by Section 102.003, a grandparent, or another relative of
the child related within the fourth [third] degree by
consanguinity, may file an original suit requesting managing
conservatorship if there is satisfactory proof to the court that:
(1) the order requested is necessary because the
child's present circumstances would significantly impair the
child's physical health or emotional development; or
(2) both parents, the surviving parent, or the
managing conservator or custodian either filed the petition or
consented to the suit.
(b) An original suit requesting possessory conservatorship
may not be filed by a grandparent or other relative or person.
However, [the court may grant] a grandparent or other relative or
person may intervene in a pending suit under Subsection (b-1) or
(b-2), as applicable.
(b-1) A grandparent or other relative of the child within
the fourth degree of consanguinity may intervene in a pending suit
filed by a person authorized to do so under this chapter if there is
satisfactory proof to the court that appointment of a parent as a
sole managing conservator or both parents as joint managing
conservators would significantly impair the child's physical
health or emotional development.
(b-2) The court may grant a person, other than a grandparent
or other relative of the child within the fourth degree of
consanguinity, subject to the requirements of Subsection (b-3)
[(b-1)] if applicable, deemed by the court to have had substantial
past contact with the child leave to intervene in a pending suit
filed by a person authorized to do so under this chapter if there is
satisfactory proof to the court that appointment of a parent as a
sole managing conservator or both parents as joint managing
conservators would significantly impair the child's physical
health or emotional development. The court may not grant a person
leave to intervene under this subsection unless each parent
consents to the intervention.
(b-3) [(b-1)] A foster parent, relative, or designated
caregiver may only be granted leave to intervene under Subsection
(b-2) [(b)] if the foster parent, relative, or designated caregiver
would have standing to file an original suit as provided by Section
102.003(a)(11) [102.003(a)(12)].
SECTION 5. Section 102.005, Family Code, is amended to read
as follows:
Sec. 102.005. STANDING TO REQUEST TERMINATION AND ADOPTION.
An original suit requesting only an adoption or for termination of
the parent-child relationship joined with a petition for adoption
may be filed by:
(1) a stepparent of the child;
(2) an adult who, as the result of a placement for
adoption, has had actual possession and control of the child at any
time during the 30-day period preceding the filing of the petition;
or
(3) [an adult who has had actual possession and
control of the child for not less than two months during the
three-month period preceding the filing of the petition;
[(4)] an adult who has adopted, or is the foster parent
of and has petitioned to adopt, a sibling of the child[; or
[(5) another adult whom the court determines to have had
substantial past contact with the child sufficient to warrant
standing to do so].
SECTION 6. Section 102.006(c), Family Code, is amended to
read as follows:
(c) The limitations on filing suit imposed by this section
do not apply to a relative within the fourth degree of consanguinity
of a former parent whose parent-child relationship with the child
has been terminated by court order [an adult sibling of the child, a
grandparent of the child, an aunt who is a sister of a parent of the
child, or an uncle who is a brother of a parent of the child] if the
relative [adult sibling, grandparent, aunt, or uncle] files an
original suit or a suit for modification requesting managing
conservatorship of the child not later than the 90th day after the
date the parent-child relationship between the child and the parent
is terminated in a suit filed by the Department of Family and
Protective Services requesting the termination of the parent-child
relationship.
SECTION 7. 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 affecting the parent-child
relationship filed before that date is governed by the law in effect
on the date the suit was filed, and that law is continued in effect
for that purpose.
SECTION 8. This Act takes effect September 1, 2023.