HBA-SEP, KDB H.B. 960 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 960
By: Naishtat
Juvenile Justice & Family Issues
2/18/2001
Introduced



BACKGROUND AND PURPOSE 

Current law precludes the appointment of persons with a history or pattern
of abuse as joint managing conservators, but does not provide the court
direction regarding decisions about sole managing conservatorship.  House
Bill 960 creates a rebuttable presumption that it is not in the best
interest of a child to appoint a parent as the sole managing conservator if
the parent has a history or pattern of abuse or child neglect. 

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 960 amends the Family Code to provide that it is a rebuttable
presumption that the appointment of a parent as the sole managing
conservator of a child is not in the best interest of the child if credible
evidence is presented of a history or pattern of past or present child
neglect, or physical or sexual abuse by that parent directed against the
other parent, a spouse, or a child. 

EFFECTIVE DATE

September 1, 2001.