HBA-EDN H.B. 997 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 997
By: King, Phil
Juvenile Justice & Family Issues
6/5/2001
Enrolled



BACKGROUND AND PURPOSE 

Previous law prohibited a court from conducting a hearing or rendering a
final order in a suit for termination of the parent-child relationship
until the child was at least five days old if the petition for termination
was filed before the birth of the child.  However, the five day limitation
could be avoided by filing suit after the birth of the child.  The statute
also conflicted with law that provided that relinquishments could not be
signed until the child was at least 48 hours old.  This ambiguity has
caused adoptive parents to lose possession of the child due to legal
technicalities created by the statute.  House Bill 997 repeals the statute
prohibiting a court from conducting a hearing or rendering a final order in
a suit affecting the parent-child relationship until the child is at least
five days old.    

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 997 amends the Family Code to repeal the provision that
prohibits a court from conducting a hearing or rendering a final order in a
suit for termination of a parent-child relationship until the child is at
least five days old. 

EFFECTIVE DATE

September 1, 2001.