HB4509 - Relating to court-ordered financial support by parents of an adult with a medically determinable disability.

  89R15134 KRM-F     By: Dutton H.B. No. 4509       A BILL TO BE ENTITLED   AN ACT   relating to court-ordered financial support by parents of an adult   with a medically determinable disability.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Chapter 154, Family Code, is   amended to read as follows:   CHAPTER 154. CHILD SUPPORT AND SUPPORT OF CERTAIN ADULTS WITH   DISABILITY          SECTION 2.  The heading to Subchapter A, Chapter 154, Family   Code, is amended to read as follows:   SUBCHAPTER A. COURT-ORDERED FINANCIAL [ CHILD ] SUPPORT OF CHILD OR   ADULT WITH MEDICALLY DETERMINABLE DISABILITY          SECTION 3.  The heading to Section 154.001, Family Code, is   amended to read as follows:          Sec. 154.001.   FINANCIAL SUPPORT OF CHILD OR ADULT WITH   MEDICALLY DETERMINABLE DISABILITY .          SECTION 4.  Sections 154.001(a) and (a-1), Family Code, are   amended to read as follows:          (a)  The court may order either or both parents to support a   child in the manner specified by the order:                (1)  until the child is 18 years of age or until   graduation from high school, whichever occurs later;                (2)  until the child is emancipated through marriage,   through removal of the disabilities of minority by court order, or   by other operation of law;                (3)  until the death of the child; or                (4)   as provided by Subchapter F, for a child who is an   adult with a medically determinable disability [ if the child is   disabled as defined in this chapter, for an indefinite period ].          (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)(T)(iv) or (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)   as provided by Subchapter F, for a child who is an   adult with a medically determinable disability [ if the child is   disabled as defined in this chapter, for an indefinite period ].          SECTION 5.  Section 154.004(c), Family Code, is amended to   read as follows:          (c)  This section does not apply to :                 (1)   a child support order that:                       (A)  [ (1) ]  was initially rendered by a court   before January 1, 1994; and                       (B)  [ (2) ]  is not being enforced by the Title IV-D   agency ; or                 (2)     an order for the support of a child who is an adult   with a medically determinable disability .          SECTION 6.  Section 154.015(c), Family Code, is amended to   read as follows:          (c)  For purposes of this section, the court of continuing   jurisdiction shall determine the amount of the unpaid child support   obligation for each child of the deceased obligor.  In determining   the amount of the unpaid child support obligation, the court shall   consider all relevant factors, including:                (1)  the present value of the total amount of monthly   periodic child support payments that would become due between the   month in which the obligor dies and the month in which the child   turns 18 years of age, based on the amount of the periodic monthly   child support payments under the child support order in effect on   the date of the obligor's death;                (2)  the present value of the total amount of health   insurance and dental insurance premiums payable for the benefit of   the child from the month in which the obligor dies until the month   in which the child turns 18 years of age, based on the cost of health   insurance and dental insurance for the child ordered to be paid on   the date of the obligor's death;                (3)  in the case of [ a disabled child under 18 years of   age or ] an adult with a medically determinable disability   [ disabled child ], an amount to be determined by the court under   Section 154.306;                (4)  the nature and amount of any benefit to which the   child would be entitled as a result of the obligor's death,   including life insurance proceeds, annuity payments, trust   distributions, social security death benefits, and retirement   survivor benefits; and                (5)  any other financial resource available for the   support of the child.          SECTION 7.  Section 154.016(b), Family Code, is amended to   read as follows:          (b)  In determining the nature and extent of the obligation   to provide for the support of the child in the event of the death of   the obligor, the court shall consider all relevant factors,   including:                (1)  the present value of the total amount of monthly   periodic child support payments from the date the child support   order is rendered until the month in which the child turns 18 years   of age, based on the amount of the periodic monthly child support   payment under the child support order;                (2)  the present value of the total amount of health   insurance and dental insurance premiums payable for the benefit of   the child from the date the child support order is rendered until   the month in which the child turns 18 years of age, based on the cost   of health insurance and dental insurance for the child ordered to be   paid; and                (3)  in the case of [ a disabled child under 18 years of   age or ] an adult with a medically determinable disability   [ disabled child ], an amount to be determined by the court under   Section 154.306.          SECTION 8.  The heading of Subchapter F, Chapter 154, Family   Code, is amended to read as follows:   SUBCHAPTER F. FINANCIAL SUPPORT FOR [ A MINOR OR ] ADULT WITH   MEDICALLY DETERMINABLE DISABILITY [ DISABLED CHILD ]          SECTION 9.  Section 154.301, Family Code, is amended to read   as follows:          Sec. 154.301.  DEFINITIONS. In this subchapter:                (1)  "Adult [ child ]" means an individual [ a child ] 18   years of age or older.                (2)   "Disability" means:                       (A)     the inability to engage in any substantial   gainful activity by reason of any medically determinable physical   or mental impairment that can be expected to result in death or that   has lasted or can be expected to last for a continuous period of not   less than 12 months; and                       (B)     the impairment described by Paragraph (A) is   of such severity that the adult:                             (i)     is unable to do work previously   performed by the adult; and                             (ii)     considering the adult's age,   education, skills, and work experience, is unable to engage in any   other kind of substantial gainful work that exists in the national   economy.                 (3)     "Personal supervision" means guidance and   instruction by someone who is physically present and in such   proximity that visual contact can be maintained and immediate   assistance given when required.                 (4)  "Substantial" means ample or sustaining  [ "Child"   means a son or daughter of any age ].          SECTION 10.  Section 154.302, Family Code, is amended to   read as follows:          Sec. 154.302.  COURT-ORDERED FINANCIAL SUPPORT FOR ADULT   WITH MEDICALLY DETERMINABLE DISABILITY [ DISABLED CHILD ]. (a) The   court may :                 (1)   order either or both parents of an adult  to provide   for the financial support of the adult until the adult reaches 21   years of age or [ a child ] for a [ an indefinite ] period of three   years if the adult is 21 years of age or older;  and                 (2)   [ may ] determine the rights and duties of the   parents if the court identifies competent evidence in the record,   including medical evidence, and finds that:                       (A)  [ (1) ]  the adult:                             (i)   [ child, ] whether institutionalized or   not, has a medically determinable disability and requires   substantial care and personal supervision ; [ because of a mental or   physical disability ] and                             (ii)     considering the adult's age,   education, skills, and work experience, cannot engage in any kind   of substantial gainful work  [ will not be capable of self-support ];   and                       (B)  [ (2) ]  the medically determinable  disability   exists[ , or the cause of the disability is known to exist, ] on or   before the adult's 18th birthday [ of the child ].           (a-1)     A court must order a medical examination of the adult   under Rule 204, Texas Rules of Civil Procedure, before making a   finding of a medically determinable disability under Subsection   (a). The court shall order both parents to share the cost of the   medical examination equally.          (b)  A court that orders financial support under this section   shall designate a parent of the adult [ child ] or another person   having physical custody or guardianship of the adult [ child ] under   a court order to receive the financial  support for the adult   [ child ]. The court may designate an adult  [ a child who is 18 years   of age [Text truncated for display. Full text available on Congress.gov.]