89R26970 DNC-F
	By: Dutton, Hull	H.B. No. 3282
	Substitute the following for H.B. No. 3282:
	By:  Moody	C.S.H.B. No. 3282

	A BILL TO BE ENTITLED
	AN ACT
	relating to certain procedures in suits affecting the parent-child
	relationship filed by the Department of Family and Protective
	Services.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 161.101, Family Code, is amended by
	adding Subsections (c), (d), and (e) to read as follows:
	(c)  The Department of Family and Protective Services may not
	file a petition for the termination of the parent-child
	relationship unless:
	(1)  the child has been in the temporary managing
	conservatorship of the department for at least 12 of the previous 22
	months;
	(2)  the child is under two years of age and the court
	has previously determined that the child was abandoned; or
	(3)  the department petition alleges aggravated
	circumstances under Section 262.2015 against the parent and the
	court has previously determined by clear and convincing evidence
	that aggravated circumstances exist.
	(d)  Notwithstanding Subsection (c), the Department of
	Family and Protective Services may not file a petition for the
	termination of the parent-child relationship if:
	(1)  the child is being cared for by a relative;
	(2)  the department finds a compelling reason why
	termination of the parent-child relationship is not in the child's
	best interests and documents that reason in the family service
	plan;
	(3)  the court made a finding during the preceding 12
	months that the department failed to make reasonable efforts to
	reunite the child and family; or
	(4)  the parent is incarcerated, or the parent's
	previous incarceration is a significant factor in the duration of
	the department's conservatorship of the child, and the parent
	maintains a meaningful role in the child's life, and the department
	has not documented another reason why it would otherwise be
	appropriate to terminate parental rights.
	(e)  The assessment of whether a parent maintains a
	meaningful role in the child's life for purposes of Subsection
	(d)(4) may include consideration of:
	(1)  the child's best interests;
	(2)  the parent's concern for the child, demonstrated
	in letters, telephone calls, visits, and other forms of
	communication and the impact of the communication with the child;
	(3)  the parent's efforts to:
	(A)  communicate with and work with the department
	for the purpose of complying with the family service plan; and
	(B)  repair, maintain, or build the parent-child
	relationship;
	(4)  limitations on the parent's access to family
	support programs, therapeutic services, visiting opportunities,
	and telephone and mail services; and
	(5)  limitations on the parent's ability to
	meaningfully participate in court proceedings.
	SECTION 2.  Sections 263.401(a) and (b), Family Code, are
	amended to read as follows:
	(a)  Unless the court has commenced the trial on the merits
	or granted an extension under Subsection (b) or (b-1), on the first
	Monday after the first anniversary of the date the court rendered a
	temporary order appointing the department as temporary managing
	conservator, the court's jurisdiction over the suit affecting the
	parent-child relationship filed by the department [that requests
	termination of the parent-child relationship or requests that the
	department be named conservator of the child] is terminated and all
	pleadings filed by a party are [the suit is] automatically
	dismissed without a court order.  Not later than the 60th day before
	the day the suit and all pleadings belonging to a party are [is]
	automatically dismissed, the court shall notify all parties to the
	suit of the automatic dismissal date.
	(b)  Unless the court has commenced the trial on the merits,
	the court may not retain the suit on the court's docket after the
	time described by Subsection (a) unless a parent files a written
	motion or makes an oral request in open court to extend time and the
	court finds that the department has filed a petition to terminate
	parental rights pursuant to Section 161.101(c) or that
	extraordinary circumstances necessitate the child remaining in the
	temporary managing conservatorship of the department and that
	continuing the appointment of the department as temporary managing
	conservator is in the best interest of the child.  If the court
	makes those findings, the court may retain the suit on the court's
	docket for a period not to exceed 180 days after the time described
	by Subsection (a).  If the court retains the suit on the court's
	docket, the court shall render an order in which the court:
	(1)  schedules the new date on which the suit will be
	automatically dismissed if the trial on the merits has not
	commenced, which date must be not later than the 180th day after the
	time described by Subsection (a);
	(2)  makes further temporary orders for the safety and
	welfare of the child as necessary to avoid further delay in
	resolving the suit; and
	(3)  sets the trial on the merits on a date not later
	than the date specified under Subdivision (1).
	SECTION 3.  The changes in law made by this Act apply to a
	suit affecting the parent-child relationship that is pending in a
	trial court on the effective date of this Act or that is filed on or
	after the effective date of this Act.
	SECTION 4.  This Act takes effect September 1, 2025.