HBA-SEB C.S.H.B. 1622 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 1622
By: Goodman
Juvenile Justice and Family Issues
3/28/1999
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Over the years, the Texas Legislature has modified the Family Code to
reflect changes in policy concerning lawsuits affecting the parent-child
relationship.  These changes affected the requirements for a person's
standing to file a suit for conservatorship of a child, the issuance of
temporary restraining orders and injunctions, and attorney ad litem fees
and requirements.  For example, at one time any person with an interest in
the child could file a suit for conservatorship, but now there are more
restrictions.  Some sections of the Family Code may need clarification due
to the many changes enacted during previous legislative sessions.  C.S.H.B.
1622 clarifies certain procedures regarding standing to file a suit for
conservatorship, temporary restraining orders and injunctions, attorney ad
litem fees and requirements, and circumstances under which the parent-child
relationship is terminated.    

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 102.003, Family Code, as follows:

Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  (a)  Authorizes an original
suit affecting the parent-child relationship to be filed at any time by a
person, other than a foster parent, who has had actual care, control, and
possession of a child or a person with whom the child and the child's
guardian, managing conservator, or parent have resided.  Provides that in
order for one of those persons to file a suit, the child must have resided
with that person for at least six months ending not more than 90 days
preceding the date of the filing of the petition.  Authorizes a foster
parent of the child placed by the Department of Protective and Regulatory
Services to file suit if the child has lived in the foster parent's home
for at least 12, rather than 18, months ending not more than 90 days
preceding the date of the filing of the petition.  Makes conforming
changes. 

(b)  Prohibits the court from requiring that the time necessary for
standing under Subsection (a) is to be continuous and uninterrupted for the
purposes of computation. Requires the court to consider the child's
principal residence during the relevant time preceding the date of
commencing the suit.  

SECTION 2.  Amends Sections 105.001(b) and (d), Family Code, as follows:

(b)  Provides that a temporary restraining order or temporary injunction
granted under this section (Temporary Orders Before Final Order) need not
define the injury or state why it is irreparable, state why the order was
granted without notice, nor include an order setting the cause for trial on
the merits with respect to the ultimate relief requested.  Makes a
conforming change. 

(d)  Deletes existing text which authorizes a court to dispense with the
necessity of setting the cause for trial on the merits with respect to the
ultimate relief requested.  Makes conforming changes. 
 
SECTION 3.  Amends Section 107.0135, Family Code, to make a nonsubstantive
change. 

SECTION 4.  Amends Section 107.014(a), Family Code, to require an attorney
ad litem appointed under this subchapter to represent a child to become
familiar with the American Bar Association's standards of practice for
lawyers who represent children in abuse and neglect cases.  Makes a
conforming change. 

SECTION 5.  Amends Section 107.015, Family Code, as follows:

Sec. 107.015.  New title:  ATTORNEY AD LITEM FEES.  Makes nonsubstantive
changes. 

SECTION 6.  Amends Section 153.434, Family Code, to create Paragraphs (A)
and (B) from existing text.  Redesignates Subdivision (3) to (2).  Makes
conforming changes. 

SECTION 7.  Amends Section 156.104(a), Family Code, to delete existing text
which authorizes a court to modify an order that designates a sole managing
conservator if a parent of the child requests appointment as a joint
managing conservator and the court finds that retention of a sole managing
conservatorship would be detrimental to the child's welfare.  Makes
conforming changes. 

SECTION 8.  Amends Section 161.001, Family Code, to authorize a court to
order termination of the parent-child relationship if the court finds by
clear and convincing evidence that the parent has contumaciously refused to
submit to a reasonable and lawful order of a court under Subchapter D,
Chapter 261 (Investigation of Report of Child Abuse or Neglect), rather
than Chapter 264 (Child Welfare Services).  Authorizes the termination of
the parent-child relationship if the parent has been convicted or has been
placed on community supervision for the violation of Section 19.04, Penal
Code (Manslaughter), if the parent has continued to abuse a controlled
substance after completion of a court-ordered substance treatment program,
or if the parent has knowingly engaged in criminal conduct that has
resulted in the parent's conviction of an offense and confinement or
imprisonment and inability to care for the child for at least two years
from the date of filing the petition. Redesignates Subdivisions
(1)(L)(iv)-(xii) to (1)(L)(v)-(xiii).  Makes conforming and nonsubstantive
changes. 

SECTION 9.  Effective date: September 1, 1999.
            Makes application of this Act prospective.

SECTION 10.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by modifying Section
102.003(a)(9), Family Code, to delete proposed new language requiring that,
in order for a person to have standing to file a suit terminating a
parent-child relationship, the amount of time a child has resided with a
person must be computed within a specific 12-month period.  Provides that
Subdivision (9) applies to a person other than a foster parent.  In
subdivision (12), decreases from 18 months to 12 months the period of time
during which a child must have resided in a foster parent's home in order
for the foster parent to have standing in the suit.  Adds Subsection (b) to
prohibit the court from requiring that the time necessary for standing
under Subsection (a) is to be continuous and uninterrupted for the purposes
of computation.  Subsection (b) also requires the court to consider the
child's principal residence during the relevant time preceding the date of
commencing the suit.  Makes a nonsubstantive change. 

The substitute modifies the original in SECTION 3 to delete proposed
Section 107.004, Family Code.  The deleted text proposed the authorization
of fees for the compensation of a guardian ad litem and set forth the
parties responsible for payment of the fees.   

The substitute modifies the original by redesignating SECTIONS 4-11 of the
original to SECTIONS 3-10 of the substitute.