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A BILL TO BE ENTITLED
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AN ACT
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relating to extensions of the mandatory dismissal date in certain |
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suits affecting the parent-child relationship involving the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 263.401(b) and (b-3), Family Code, are |
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amended to read as follows: |
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(b) Unless the court has commenced the trial on the merits, |
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the court may not retain the suit on the court's docket after the |
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time described by Subsection (a) unless the parent in open court |
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requests an extension of time and the court finds that |
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extraordinary circumstances necessitate the child remaining in the |
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temporary managing conservatorship of the department and that |
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continuing the appointment of the department as temporary managing |
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conservator is in the best interest of the child. If the court |
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makes those findings, the court may retain the suit on the court's |
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docket for a period not to exceed 180 days after the time described |
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by Subsection (a). If the court retains the suit on the court's |
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docket, the court shall render an order in which the court: |
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(1) schedules the new date on which the suit will be |
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automatically dismissed if the trial on the merits has not |
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commenced, which date must be not later than the 180th day after the |
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time described by Subsection (a); |
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(2) makes further temporary orders for the safety and |
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welfare of the child as necessary to avoid further delay in |
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resolving the suit; and |
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(3) sets the trial on the merits on a date not later |
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than the date specified under Subdivision (1). |
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(b-3) A court shall find under Subsection (b) that |
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extraordinary circumstances necessitate the child remaining in the |
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temporary managing conservatorship of the department if: |
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(1) a parent of a child has made a good faith effort to |
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successfully complete the service plan but needs additional time, |
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including additional time to complete a substance abuse treatment |
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program that was ordered as part of the service plan; and |
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(2) on completion of the service plan the court |
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intends to order the child returned to the parent. |
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SECTION 2. This Act takes effect September 1, 2025. |