89R9334 KRM-F     By: Hall S.B. No. 1987       A BILL TO BE ENTITLED   AN ACT   relating to procedures and grounds for termination of the   parent-child relationship.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 154.001(a-1), Family Code, is amended to   read as follows:          (a-1)  The court may order each person who is financially   able and whose parental rights have been terminated with respect to   a child in substitute care for whom the department has been   appointed managing conservator, a child for a reason described by   Section 161.001(b)(1)(P)(iv) [161.001(b)(1)(T)(iv)] or (b)(1)(Q)   [(b)(1)(U)], or a child who was conceived as a direct result of   conduct that constitutes an offense under Section 21.02, 22.011,   22.021, or 25.02, Penal Code, to support the child in the manner   specified by the order:                (1)  until the earliest of:                      (A)  the child's adoption;                      (B)  the child's 18th birthday or graduation from   high school, whichever occurs later;                      (C)  removal of the child's disabilities of   minority by court order, marriage, or other operation of law; or                      (D)  the child's death; or                (2)  if the child is disabled as defined in this   chapter, for an indefinite period.          SECTION 2.  Sections 161.001(b), (c), (f), and (g), Family   Code, are amended to read as follows:          (b)  The court may order termination of the parent-child   relationship if the court finds beyond a reasonable doubt [by clear   and convincing evidence]:                (1)  that the parent has:                      (A)  voluntarily left the child alone or in the   possession of another not the parent and expressed an intent not to   return;                      (B)  voluntarily left the child alone or in the   possession of another not the parent without expressing an intent   to return, without providing for the adequate support of the child,   and remained away for a period of at least three months;                      (C)  voluntarily left the child alone or in the   possession of another without providing adequate support of the   child and remained away for a period of at least six months;                      (D)  knowingly placed or knowingly allowed the   child to remain in conditions or surroundings that placed [which   endanger the physical or emotional well-being of] the child in   immediate danger that resulted in serious bodily injury or physical   or mental impairment;                      (E)  engaged in conduct or knowingly placed the   child with persons who engaged in conduct that placed [which   endangers the physical or emotional well-being of] the child in   immediate danger that resulted in serious bodily injury or physical   or mental impairment;                      (F)  failed to support the child in accordance   with the parent's ability during a period of one year ending within   six months of the date of the filing of the petition;                      (G)  abandoned the child without identifying the   child or furnishing means of identification, and the child's   identity cannot be ascertained by the exercise of reasonable   diligence;                      (H)  voluntarily, and with knowledge of the   pregnancy, abandoned the mother of the child beginning at a time   during her pregnancy with the child and continuing through the   birth, failed to provide adequate support or medical care for the   mother during the period of abandonment before the birth of the   child, and remained apart from the child or failed to support the   child since the birth;                      (I)  contumaciously refused to submit to a   reasonable and lawful order of a court under Subchapter D, Chapter   261;                      (J)  [been the major cause of:                            [(i)  the failure of the child to be enrolled   in school as required by the Education Code; or                            [(ii)  the child's absence from the child's   home without the consent of the parents or guardian for a   substantial length of time or without the intent to return;                      [(K)]  executed before or after the suit is filed   an unrevoked or irrevocable affidavit of relinquishment of parental   rights as provided by this chapter;                      (K) [(L)]  been convicted or has been placed on   community supervision, including deferred adjudication community   supervision, for being criminally responsible for the death or   serious injury of a child under the following sections of the Penal   Code, or under a law of another jurisdiction that contains elements   that are substantially similar to the elements of an offense under   one of the following Penal Code sections, or adjudicated under   Title 3 for conduct that caused the death or serious injury of a   child and that would constitute a violation of one of the following   Penal Code sections:                            (i)  Section 19.02 (murder);                            (ii)  Section 19.03 (capital murder);                            (iii)  Section 19.04 (manslaughter);                            (iv)  Section 21.11 (indecency with a   child);                            (v)  Section 22.01 (assault);                            (vi)  Section 22.011 (sexual assault);                            (vii)  Section 22.02 (aggravated assault);                            (viii)  Section 22.021 (aggravated sexual   assault);                            (ix)  Section 22.04 (injury to a child,   elderly individual, or disabled individual);                            (x)  Section 22.041 (abandoning or   endangering a child, elderly individual, or disabled individual);                            (xi)  Section 25.02 (prohibited sexual   conduct);                            (xii)  Section 43.25 (sexual performance by   a child);                            (xiii)  Section 43.26 (possession or   promotion of child pornography);                            (xiv)  Section 21.02 (continuous sexual   abuse of young child or disabled individual);                            (xv)  Section 20A.02(a)(7) or (8)   (trafficking of persons); and                            (xvi)  Section 43.05(a)(2) (compelling   prostitution);                      [(M)  had his or her parent-child relationship   terminated with respect to another child based on a finding that the   parent's conduct was in violation of Paragraph (D) or (E) or   substantially equivalent provisions of the law of another state;                      [(N)  constructively abandoned the child who has   been in the permanent or temporary managing conservatorship of the   Department of Family and Protective Services for not less than six   months, and:                            [(i)  the department has made reasonable   efforts to return the child to the parent;                            [(ii)  the parent has not regularly visited   or maintained significant contact with the child; and                            [(iii)  the parent has demonstrated an   inability to provide the child with a safe environment;                      [(O)  failed to comply with the provisions of a   court order that specifically established the actions necessary for   the parent to obtain the return of the child who has been in the   permanent or temporary managing conservatorship of the Department   of Family and Protective Services for not less than nine months as a   result of the child's removal from the parent under Chapter 262 for   the abuse or neglect of the child;]                      (L) [(P)]  used a controlled substance, as   defined by Chapter 481, Health and Safety Code, in a manner that   placed [endangered the health or safety of] the child in immediate   danger that resulted in serious bodily injury or physical or mental   impairment, and:                            (i)  failed to complete a court-ordered   substance abuse treatment program; or                            (ii)  after completion of a court-ordered   substance abuse treatment program, continued to abuse a controlled   substance;                      (M) [(Q)]  knowingly engaged in criminal conduct   that has resulted in the parent's:                            (i)  conviction of an offense; and                            (ii)  confinement or imprisonment and   inability to care for the child for not less than two years from the   date of filing the petition;                      (N) [(R)]  been the cause of the child being born   addicted to alcohol or a controlled substance, other than a   controlled substance legally obtained by prescription;                      (O) [(S)]  voluntarily delivered the child to a   designated emergency infant care provider under Section 262.302   without expressing an intent to return for the child;                      (P) [(T)]  been convicted of:                            (i)  the murder of the other parent of the   child under Section 19.02 or 19.03, Penal Code, or under a law of   another state, federal law, the law of a foreign country, or the   Uniform Code of Military Justice that contains elements that are   substantially similar to the elements of an offense under Section   19.02 or 19.03, Penal Code;                            (ii)  criminal attempt under Section 15.01,   Penal Code, or under a law of another state, federal law, the law of   a foreign country, or the Uniform Code of Military Justice that   contains elements that are substantially similar to the elements of   an offense under Section 15.01, Penal Code, to commit the offense   described by Subparagraph (i);                            (iii)  criminal solicitation under Section   15.03, Penal Code, or under a law of another state, federal law, the   law of a foreign country, or the Uniform Code of Military Justice   that contains elements that are substantially similar to the   elements of an offense under Section 15.03, Penal Code, of the   offense described by Subparagraph (i); or                            (iv)  the sexual assault of the other parent   of the child under Section 22.011 or 22.021, Penal Code, or under a   law of another state, federal law, or the Uniform Code of Military   Justice that contains elements that are substantially similar to   the elements of an offense under Section 22.011 or 22.021, Penal   Code;                      (Q) [(U)]  been placed on community supervision,   including deferred adjudication community supervision, or another   functionally equivalent form of community supervision or   probation, for being criminally responsible for the sexual assault   of the other parent of the child under Section 22.011 or 22.021,   Penal Code, or under a law of another state, federal law, or the   Uniform Code of Military Justice that contains elements that are   substantially similar to the elements of an offense under Section   22.011 or 22.021, Penal Code; or                      (R) [(V)]  been convicted of:                            (i)  criminal solicitation of a minor under   Section 15.031, Penal Code, or under a law of another state, federal   law, the law of a foreign country, or the Uniform Code of Military   Justice that contains elements that are substantially similar to   the elements of an offense under Section 15.031, Penal Code; or                            (ii)  online solicitation of a minor under   Section 33.021, Penal Code, or under a law of another state, federal   law, the law of a foreign country, or the Uniform Code of Military   Justice that contains elements that are substantially similar to   the elements of an offense under Section 33.021, Penal Code; and                (2)  that termination is in the best interest of the   child.          (c)  Evidence of one or more of the following does not   provide proof beyond a reasonable doubt and is not [constitute   clear and convincing evidence] sufficient for a court to make a   finding under Subsection (b) and order termination of the   parent-child relationship:                (1)  the parent homeschooled the child;                (2)  the parent is economically disadvantaged;                (3)  the parent has been charged with a nonviolent   misdemeanor offense other than:                      (A)  an offense under Title 5, Penal Code;                      (B)  an offense under Title 6, Penal Code; or                      (C)  an offense that involves family violence, as   defined by Section 71.004 of this code;                (4)  the parent provided or administered low-THC   cannabis to a child for whom the low-THC cannabis was prescribed   under Chapter 169, Occupations Code;                (5)  the parent declined immunization for the child for   reasons of conscience, including a religious belief;                (6)  the parent sought an opinion from more than one   medical provider relating to the child's medical care, transferred   the child's medical care to a new medical provider, or transferred   the child to another health care facility; or                (7)  the parent allowed the child to engage in   independent activities that are appropriate and typical for the   child's level of maturity, physical condition, developmental   abilities, or culture.          (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 proof   beyond a reasonable doubt [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 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:                (1)  the reasonable efforts the department made to   return the child to the child's home; and                (2)  the continuing danger that remains in the home   that prevents the return of the child to the parent.          SECTION 3.  Section 161.007(a), Family Code, is amended to   read as follows:          (a)  Except as provided by Subsection (b), the court shall   order the termination of the parent-child relationship of a parent   and a child if the court finds proof beyond a reasonable doubt [by   clear and convincing evidence] that:                (1)  the parent has engaged in conduct that constitutes   an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal   Code;                (2)  as a direct result of the conduct described by   Subdivision (1), the victim of the conduct became pregnant with the   parent's child; and                (3)  termination is in the best interest of the child.          SECTION 4.  Sections 161.206(a) and (a-1), Family Code, are   amended to read as follows:          (a)  If the court finds proof beyond a reasonable doubt of   [by clear and convincing evidence] grounds for termination of the   parent-child relationship, it shall render an order terminating the   parent-child relationship.          (a-1)  In a suit filed by the Department of Family and   Protective Services seeking termination of the parent-child   relationship for more than one parent of the child, the court may   order termination of the parent-child relationship for the parent   only if the court finds proof beyond a reasonable doubt of [by clear   and convincing evidence] grounds for the termination of the   parent-child relationship for that parent.          SECTION 5.  Section 161.302(a), Family Code, is 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]:                (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.          SECTION 6.  The following provisions of the Family Code are   repealed:                (1)  Sections 161.001(d) and (d-1);                (2)  Section 161.003; and                (3)  Section 264.101(b).          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.  This Act takes effect September 1, 2025.