HBA-SEP H.B. 2249 77(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 2249 By: Goodman Juvenile Justice & Family Issues 6/14/2001 Enrolled BACKGROUND AND PURPOSE The 75th Legislature implemented "permanency legislation" that imposed a 12 month deadline with the possibility of a 180 day extension for rendering a final order in a suit filed by the Department of Protective and Regulatory Services (department) requesting termination of the parent-child relationship. This legislation has helped to reduce the time children spend in foster care awaiting a trial court decision. However, prior to the 77th Legislature, some provisions remained inconsistent and the permanency legislation did not provide a mechanism through which the department or another party could compel the trial court to timely set the case for final trial. State law also did not address post-judgment appellate delays. House Bill 2249 addresses post-judgment appellate delays, corrects provisional inconsistencies, and provides a mechanism through which a party or the department can compel the trial court to timely set the case for final trial. 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. ANALYSIS House Bill 2249 amends the Family Code to remove, in regard to terminating the rights of an alleged biological father who has been served with citation and has not timely filed an admission of or counterclaim for paternity, the qualification that the admission be prior to the final hearing in the suit (Sec. 161.002). The bill authorizes the court to order termination of the parent-child relationship in a suit filed by the Department of Protective and Regulatory Services (department) if, in addition to meeting certain other criteria primarily regarding the mental or emotional illness of the parent, the department has been the temporary or sole managing conservator of the child of the parent for at least six months preceding the date of the hearing on the termination (Sec. 161.003). If criminal charges are filed against a parent directly related to the grounds for which termination of the parent's rights are sought and the final trial in the termination suit coincides, the parent whose rights are subject to termination is authorized to request a continuance until the criminal charges are resolved and the court is authorized to grant the continuance if it is in the best interest of the child. The bill requires the court, notwithstanding any continuance to conduct status and permanency hearings as required and to comply with the one year dismissal date (Sec. 161.2011). The bill provides that a dismissal or nonsuit approved by the court is without prejudice (Sec. 161.203). The bill requires the court to set a final termination hearing on a date that allows the court to render a final order before the date for dismissal of the suit, and any party to the suit or an attorney ad litem for the child is authorized to seek a writ of mandamus to compel the court to set the final hearing date (Sec. 263.304). The bill requires a court that elects to retain, for up to 180 days, a termination suit on the court's docket after the statutory year limit to set a final hearing on a date that allows the court to render a final order before the required date for dismissal of the suit (Sec. 263.401). The bill prohibits the parties to a suit from extending the deadlines set by the court by agreement or otherwise. A party to a suit who fails to make a timely motion to dismiss the suit or to make a motion requesting the court to render a final order before the deadline for dismissal waives the right to object to the court's failure to dismiss the suit (Sec. 263.402). The bill sets forth provisions relating to an appeal of a final order for a child under department care, and sets forth requirements for the appellate court (Sec. 263.406). EFFECTIVE DATE September 1, 2001.