HB2216 - Relating to procedures and grounds related to the removal and placement of children, including for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship filed by a governmental entity.

      By: Hull, Rose, Dutton, Richardson, Gates, H.B. No. 2216       et al.     A BILL TO BE ENTITLED   AN ACT   relating to procedures and grounds related to the removal and   placement of children, including for terminating the parent-child   relationship, for taking possession of a child, and for certain   hearings in a suit affecting the parent-child relationship filed by   a governmental entity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 161.001, Family Code, is amended by   amending Subsections (a), (b), (c), (f), and (g) and adding   Subsections (g-1) and (g-2) to read as follows:          (a)  In this section :                 (1)     "Active efforts" has the meaning described by   Section 262.0001.                   (2)  "Born [ , "born ] addicted to alcohol or a controlled   substance" means a child:                       (A)  [ (1) ]  who is born to a mother who during the   pregnancy used a controlled substance, as defined by Chapter 481,   Health and Safety Code, other than a controlled substance legally   obtained by prescription, or alcohol; and                       (B)  [ (2) ]  who, after birth as a result of the   mother's use of the controlled substance or alcohol:                             (i)  [ (A) ]  experiences observable   withdrawal from the alcohol or controlled substance;                             (ii) [ (B) ]  exhibits observable or harmful   effects in the child's physical appearance or functioning; or                             (iii) [ (C) ]  exhibits the demonstrable   presence of alcohol or a controlled substance in the child's bodily   fluids.          (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 which endanger the   physical or emotional well-being of the child;                      (E)  engaged in conduct or knowingly placed the   child with persons who engaged in conduct which endangers the   physical or emotional well-being of the child;                      (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;                      (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 active   [ 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;                      (P)  used a controlled substance, as defined by   Chapter 481, Health and Safety Code, in a manner that endangered the   health or safety of the child, 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;                      (Q)  knowingly engaged in criminal conduct that   has resulted in the parent's:                         &# [Text truncated for display. 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