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.