HBA-SEP H.B. 2249 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2249
By: Goodman
Juvenile Justice & Family Issues
3/11/2001
Introduced



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, some
provisions remain inconsistent and the permanency legislation does not
provide a mechanism through which the department or another party can
compel the trial court to timely set the case for final trial.  Current law
also does 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 the six months
preceding the date of the hearing on the termination (Sec. 161.003).   

If the court dismissed a prior petition requesting termination of the
parent-child relationship without rendering an order denying or granting
the petition, the bill authorizes a new petition to be filed with respect
to the child without showing that the circumstances have materially and
substantially changed since the date that the order was rendered.  The bill
authorizes the court, at such a hearing, to consider evidence of acts and
omissions that occurred with respect to the same child before or afer the
date of dismissal of the prior petition (Sec. 161.004).   

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, of not more
than 12 months, and the court is prohibited from proceeding.  The bill sets
forth time limitations for the continuance and requires the court to
schedule a new date for dismissal on expiration of the continuance.  The
court is authorized to order that discovery be conducted in the proceeding
and the court is required to hold permanency hearings (Sec. 161.2011). 

The bill prohibits the court from dismissing a suit to terminate with
prejudice unless the court finds sufficient  evidence of good cause for
dismissal with prejudice, and provides that the court must include specific
findings in the order dismissing the suit with 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 (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 authorizes the court, if the department immediately files a
subsequent suit to protect the health and safety of a child after the
dismissal of a suit, to issue emergency orders authorizing possession of
the child by the department under certain conditions (Sec. 263.402).  A
party to a suit who fails to make a motion to dismiss the suit before the
evidence in the trial is closed, waives the right to object on appeal the
court's failure to dismiss the suit.  The bill authorizes the parties to a
suit, under certain circumstances, to agree to extend the deadlines.  The
bill requires the court to reject such an extension agreement and conduct a
final hearing in the suit as originally scheduled unless the court finds
that the extension is in the best interest of the child and approves the
extension (Sec. 263.403). 

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.