| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to extensions of the mandatory dismissal date in certain |
|
|
suits affecting the parent-child relationship involving the |
|
|
Department of Family and Protective Services. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 263.401(b) and (b-3), Family Code, are |
|
|
amended to read as follows: |
|
|
(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 or an alleged |
|
|
father in open court requests an extension of time or files a motion |
|
|
to extend time or a motion pursuant to Section 263.403 and the court |
|
|
finds 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). |
|
|
(b-3) A court shall find under Subsection (b) that |
|
|
extraordinary circumstances necessitate the child remaining in the |
|
|
temporary managing conservatorship of the department if: |
|
|
(1) a parent of a child has made a good faith effort to |
|
|
successfully complete the service plan but needs additional time, |
|
|
including additional time to complete a substance abuse treatment |
|
|
program that was ordered as part of the service plan; and |
|
|
(2) on completion of the service plan the court |
|
|
intends to order the child returned to the parent. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |