89R26970 DNC-F     By: Dutton, Hull H.B. No. 3282     Substitute the following for H.B. No. 3282:     By:  Moody C.S.H.B. No. 3282       A BILL TO BE ENTITLED   AN ACT   relating to certain procedures in 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.  Section 161.101, Family Code, is amended by   adding Subsections (c), (d), and (e) to read as follows:          (c)  The Department of Family and Protective Services may not   file a petition for the termination of the parent-child   relationship unless:                (1)  the child has been in the temporary managing   conservatorship of the department for at least 12 of the previous 22   months;                (2)  the child is under two years of age and the court   has previously determined that the child was abandoned; or                (3)  the department petition alleges aggravated   circumstances under Section 262.2015 against the parent and the   court has previously determined by clear and convincing evidence   that aggravated circumstances exist.          (d)  Notwithstanding Subsection (c), the Department of   Family and Protective Services may not file a petition for the   termination of the parent-child relationship if:                (1)  the child is being cared for by a relative;                (2)  the department finds a compelling reason why   termination of the parent-child relationship is not in the child's   best interests and documents that reason in the family service   plan;                (3)  the court made a finding during the preceding 12   months that the department failed to make reasonable efforts to   reunite the child and family; or                (4)  the parent is incarcerated, or the parent's   previous incarceration is a significant factor in the duration of   the department's conservatorship of the child, and the parent   maintains a meaningful role in the child's life, and the department   has not documented another reason why it would otherwise be   appropriate to terminate parental rights.          (e)  The assessment of whether a parent maintains a   meaningful role in the child's life for purposes of Subsection   (d)(4) may include consideration of:                (1)  the child's best interests;                (2)  the parent's concern for the child, demonstrated   in letters, telephone calls, visits, and other forms of   communication and the impact of the communication with the child;                (3)  the parent's efforts to:                      (A)  communicate with and work with the department   for the purpose of complying with the family service plan; and                      (B)  repair, maintain, or build the parent-child   relationship;                (4)  limitations on the parent's access to family   support programs, therapeutic services, visiting opportunities,   and telephone and mail services; and                (5)  limitations on the parent's ability to   meaningfully participate in court proceedings.          SECTION 2.  Sections 263.401(a) and (b), Family Code, are   amended to read as follows:          (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 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 all   pleadings filed by a party are [the suit is] automatically   dismissed without a court order.  Not later than the 60th day before   the day the suit and all pleadings belonging to a party are [is]   automatically dismissed, the court shall notify all parties to the   suit of the automatic dismissal date.          (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 a parent files a written   motion or makes an oral request in open court to extend time and the   court finds that the department has filed a petition to terminate   parental rights pursuant to Section 161.101(c) or 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).          SECTION 3.  The changes in law made by this Act apply 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.