Bill Text: TX SB885 | 2023-2024 | 88th Legislature | Engrossed

Texas Senate Bill 885

Bill Title: Relating to the grounds for terminating and reinstating a person's parental rights and the adoption of certain children.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2023-05-16 - Left pending in committee [SB885 Detail]

Download: Texas-2023-SB885-Engrossed.html



	By: Zaffirini	S.B. No. 885


	A BILL TO BE ENTITLED
	AN ACT
	relating to the grounds for terminating and reinstating a person's
	parental rights and the adoption of certain children.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 161.001, Family Code, is amended by
	adding Subsections (b-1) and (b-2) to read as follows:
	(b-1) If a parent has had a protective order issued against
	the parent under Chapter 85 and the court issuing the protective
	order made a finding under Section 85.025(a-1)(1) that the parent
	committed an act constituting an offense involving family violence,
	the court may order termination of the parent-child relationship if
	the court finds by clear and convincing evidence that:
	(1) the parent committed an act constituting an
	offense listed under Subsection (b)(1)(L); and
	(2) termination is in the best interest of the child.
	(b-2) In determining whether to order termination under
	Subsection (b-1), the court may consider any evidence offered in
	the hearing under Subtitle B, Title 4, that resulted in the court
	issuing the protective order.
	SECTION 2. Section 161.302(b), Family Code, is amended to
	read as follows:
	(b) Except as provided by Section 161.305, a [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;
	(3) the child has not been adopted;
	(4) the child is not the subject of an adoption
	placement agreement; and
	(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.
	SECTION 3. Subchapter D, Chapter 161, Family Code, is
	amended by adding Section 161.305 to read as follows:
	Sec. 161.305. CERTAIN PETITIONS FOR REINSTATEMENT. (a) A
	former parent whose parental rights have been terminated under
	Section 161.001(b-1) may file a petition under this subchapter to
	reinstate the former parent's parental rights.
	(b) The court shall grant a petition under this section
	without a hearing and order the reinstatement of the former
	parent's parental rights if the petition demonstrates that the act
	upon which the decision to terminate the former parent's parental
	rights is based did not result in the former parent being criminally
	adjudicated in the manner required for termination under Section
	161.001(b)(1)(L).
	SECTION 4. Section 162.001, Family Code, is amended by
	adding Subsection (d) to read as follows:
	(d) The child of a parent whose parental rights have been
	terminated under Section 161.001(b-1) may not be adopted unless the
	parent has subsequently been criminally adjudicated in the manner
	required by Section 161.001(b)(1)(L) for the act upon which the
	decision to terminate the parent's parental rights is based.
	SECTION 5. The change in law made by this Act applies 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 the effective date of this Act 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 6. This Act takes effect September 1, 2023.