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.