reglab/statecodes huggingface dataset:
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter A. Grounds › Section 161.006. Termination After Abortion

Sec. 161.006.  TERMINATION AFTER ABORTION.  (a)  A petition requesting termination of the parent-child relationship with respect to a parent who is not the petitioner may be granted if the child was born alive as the result of an abortion.
(b)  In this code, "abortion" has the meaning assigned by Section 245.002, Health and Safety Code.
(c)  The court or the jury may not terminate the parent-child relationship under this section with respect to a parent who:
(1)  had no knowledge of the abortion;  or
(2)  participated in or consented to the abortion for the sole purpose of preventing the death of the mother.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 441 (S.B. 8), Sec. 2, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter A. Grounds › Section 161.007. Termination When Pregnancy Results From Criminal Act

Sec. 161.007.  TERMINATION WHEN PREGNANCY RESULTS FROM CRIMINAL ACT.  (a)  Except as provided by Subsection (b), the court shall order the termination of the parent-child relationship of a parent and a child if the court finds by clear and convincing evidence that:
(1)  the parent has engaged in conduct that constitutes an offense under Section 21.02, 22.011, 22.021, or 25.02, Penal Code;
(2)  as a direct result of the conduct described by Subdivision (1), the victim of the conduct became pregnant with the parent's child; and
(3)  termination is in the best interest of the child.
(b)  If, for the two years after the birth of the child, the parent was married to or cohabiting with the other parent of the child, the court may order the termination of the parent-child relationship of the parent and the child if the court finds that:
(1)  the parent has been convicted of an offense committed under Section 21.02, 22.011, 22.021, or 25.02, Penal Code;
(2)  as a direct result of the commission of the offense by the parent, the other parent became pregnant with the child; and
(3)  termination is in the best interest of the child.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 593 (H.B. 8), Sec. 3.31, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 907 (H.B. 1228), Sec. 4, eff. September 1, 2013.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.101. Petition Allegations; Petition and Motion Requirements

Sec. 161.101.  PETITION ALLEGATIONS; PETITION AND MOTION REQUIREMENTS.  (a) A petition for the termination of the parent-child relationship is sufficient without the necessity of specifying the underlying facts if the petition alleges in the statutory language the ground for the termination and that termination is in the best interest of the child.
(b)  A petition or motion filed by the Department of Family and Protective Services in a suit for termination of the parent-child relationship is subject to Chapter 10, Civil Practice and Remedies Code, and Rule 13, Texas Rules of Civil Procedure.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 8 (H.B. 567), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.102. Filing Suit for Termination Before Birth

Sec. 161.102.  FILING SUIT FOR TERMINATION BEFORE BIRTH.  (a)  A suit for termination may be filed before the birth of the child.
(b)  If the suit is filed before the birth of the child, the petition shall be styled "In the Interest of an Unborn Child."  After the birth, the clerk shall change the style of the case to conform to the requirements of Section 102.008.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.1031. Medical History Report

Sec. 161.1031.  MEDICAL HISTORY REPORT.  (a)  A parent who signs an affidavit of voluntary relinquishment of parental rights under Section 161.103 regarding a biological child must also prepare a medical history report that addresses the medical history of the parent and the parent's ancestors.
(b)  The Department of Family and Protective Services, in cooperation with the Department of State Health Services, shall adopt a form that a parent may use to comply with this section.  The form must be designed to permit a parent to identify any medical condition of the parent or the parent's ancestors that could indicate a predisposition for the child to develop the condition.
(c)  The medical history report shall be used in preparing the health, social, educational, and genetic history report required by Section 162.005 and shall be made available to persons granted access under Section 162.006 in the manner provided by that section.
Added by Acts 2005, 79th Leg., Ch. 1258 (H.B. 1999), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.1035. Revocability of Certain Affidavits

Sec. 161.1035.  REVOCABILITY OF CERTAIN AFFIDAVITS.  An affidavit of relinquishment of parental rights that fails to state that the relinquishment or waiver is irrevocable for a stated time is:
(1)  revocable only if the revocation is made before the 11th day after the date the affidavit is executed; and
(2)  irrevocable on or after the 11th day after the date the affidavit is executed.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 10, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 6, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.104. Rights of Designated Managing Conservator Pending Court Appointment

Sec. 161.104.  RIGHTS OF DESIGNATED MANAGING CONSERVATOR PENDING COURT APPOINTMENT.  A person, licensed child-placing agency, or the Department of Family and Protective Services  designated managing conservator of a child in an irrevocable or unrevoked affidavit of relinquishment has a right to possession of the child superior to the right of the person executing the affidavit, the right to consent to medical, surgical, dental, and psychological treatment of the child, and the rights and duties given by Chapter 153 to a possessory conservator until such time as these rights and duties are modified or terminated by court order.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 70, eff. Sept. 1, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.083, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.106. Affidavit of Waiver of Interest in Child

Sec. 161.106.  AFFIDAVIT OF WAIVER OF INTEREST IN CHILD.  (a)  A man may sign an affidavit disclaiming any interest in a child and waiving notice or the service of citation in any suit filed or to be filed affecting the parent-child relationship with respect to the child.
(b)  The affidavit may be signed before the birth of the child.
(c)  The affidavit shall be:
(1)  signed by the man, whether or not a minor;
(2)  witnessed by two credible persons;  and
(3)  verified before a person authorized to take oaths.
(d)  The affidavit may contain a statement that the affiant does not admit being the father of the child or having had a sexual relationship with the mother of the child.
(e)  An affidavit of waiver of interest in a child may be used in a suit in which the affiant attempts to establish an interest in the child. The affidavit may not be used in a suit brought by another person, licensed child-placing agency, or the Department of Family and Protective Services to establish the affiant's paternity of the child.
(f)  A waiver in an affidavit under this section is irrevocable.
(g)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(h)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
(i)  A copy of the affidavit shall be provided to the person who executed the affidavit at the time the person signs the affidavit.
(j)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13, eff. September 1, 2007.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 561, Sec. 11, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 13, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.084, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.107. Missing Parent or Relative

Sec. 161.107.  MISSING PARENT OR RELATIVE.  (a)  In this section:
(1)  "Parent" means a parent, as defined by Section 160.102,  whose parent-child relationship with a child has not been terminated.  The term does not include a man who does not have a parent-child relationship established under Chapter 160.
(2)  "Relative" means a parent, grandparent, or adult sibling or child.
(b)  If a parent of the child has not been personally served in a suit in which the Department of Family and Protective Services seeks termination, the department must make a diligent effort to locate that parent.
(c)  If a parent has not been personally served and cannot be located, the department shall make a diligent effort to locate a relative of the missing parent to give the relative an opportunity to request appointment as the child's managing conservator.
(d)  If the department is not able to locate a missing parent or a relative of that parent and sufficient information is available concerning the physical whereabouts of the parent or relative, the department shall request the state agency designated to administer a statewide plan for child support to use the parental locator service established under 42 U.S.C. Section 653 to determine the location of the missing parent or relative.
(e)  The department shall be required to provide evidence to the court to show what actions were taken by the department in making a diligent effort to locate the missing parent and relative of the missing parent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 71, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 9, eff. September 1, 2007.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.108. Release of Child From Hospital or Birthing Center

Sec. 161.108.  RELEASE OF CHILD FROM HOSPITAL OR BIRTHING CENTER.  (a)  Before or at the time an affidavit of relinquishment of parental rights under Section 161.103 is executed, the mother of a newborn child may authorize the release of the child from the hospital or birthing center to a licensed child-placing agency, the Department of Family and Protective Services, or another designated person.
(b)  A release under this section must be:
(1)  executed in writing;
(2)  witnessed by two credible adults;  and
(3)  verified before a person authorized to take oaths.
(c)  A hospital or birthing center shall comply with the terms of a release executed under this section without requiring a court order.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.085, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter B. Procedures › Section 161.109. Requirement of Paternity Registry Certificate

Sec. 161.109.  REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.  (a)  If a parent-child relationship does not exist between the child and any man, a certificate from the vital statistics unit signed by the registrar that a diligent search has been made of the paternity registry maintained by the unit and that a registration has not been found pertaining to the father of the child in question must be filed with the court before a trial on the merits in the suit for termination may be held.
(b)  In a proceeding to terminate parental rights in which the alleged or probable father has not been personally served with citation or signed an affidavit of relinquishment or an affidavit of waiver of interest, the court may not terminate the parental rights of the alleged or probable father, whether known or unknown, unless a certificate from the vital statistics unit signed by the registrar states that a diligent search has been made of the paternity registry maintained by the unit and that a filing or registration has not been found pertaining to the father of the child in question.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1283 (H.B. 3997), Sec. 10, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.086, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.2011. Continuance; Access to Child

Sec. 161.2011.  CONTINUANCE;  ACCESS TO CHILD.  (a)  A parent whose rights are subject to termination in a suit affecting the parent-child relationship and against whom criminal charges are filed that directly relate to the grounds for which termination is sought may file a motion requesting a continuance of the final trial in the suit until the criminal charges are resolved.  The court may grant the motion only if the court finds that a continuance is in the best interest of the child.  Notwithstanding any continuance granted, the court shall conduct status and permanency hearings with respect to the child as required by Chapter 263 and shall comply with the dismissal date under Section 263.401.
(b)  Nothing in this section precludes the court from issuing appropriate temporary orders as authorized in this code.
(c)  The court in which a suit to terminate the parent-child relationship is pending may render an order denying a parent access to a child if the parent is indicted for criminal activity that constitutes a ground for terminating the parent-child relationship under Section 161.001.  The denial of access under this section shall continue until the date the criminal charges for which the parent was indicted are resolved and the court renders an order providing for access to the child by the parent.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 61, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 3, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.202. Preferential Setting

Sec. 161.202.  PREFERENTIAL SETTING.  In a termination suit, after a hearing, the court shall grant a motion for a preferential setting for a final hearing on the merits filed by a party to the suit or by the amicus attorney or attorney ad litem for the child and shall give precedence to that hearing over other civil cases if:
(1)  termination would make the child eligible for adoption; and
(2)  discovery has been completed or sufficient time has elapsed since the filing of the suit for the completion of all necessary and reasonable discovery if diligently pursued.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 133, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 172 (H.B. 307), Sec. 19, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.2021. Medical History Report

Sec. 161.2021.  MEDICAL HISTORY REPORT.  (a)  In a termination suit, the court shall order each parent before the court to provide information regarding the medical history of the parent and the parent's ancestors.
(b)  A parent may comply with the court's order under this section by completing the medical history report form adopted by the Department of Family and Protective Services under Section 161.1031.
(c)  If the Department of Family and Protective Services is a party to the termination suit, the information provided under this section must be maintained in the department records relating to the child and made available to persons with whom the child is placed.
Added by Acts 2005, 79th Leg., Ch. 1258 (H.B. 1999), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.203. Dismissal of Petition

Sec. 161.203.  DISMISSAL OF PETITION.  A suit to terminate may not be dismissed nor may a nonsuit be taken unless the dismissal or nonsuit is approved by the court.  The dismissal or nonsuit approved by the court is without prejudice.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 4, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.204. Termination Based on Affidavit of Waiver of Interest

Sec. 161.204.  TERMINATION BASED ON AFFIDAVIT OF WAIVER OF INTEREST.  In a suit for termination, the court may render an order terminating the parent-child relationship between a child and a man who has signed an affidavit of waiver of interest in the child, if the termination is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 5, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.205. Order Denying Termination

Sec. 161.205.  ORDER DENYING TERMINATION.  If the court does not order termination of the parent-child relationship, the court shall:
(1)  deny the petition;  or
(2)  render any order in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 6, eff. Sept. 1, 2001.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.206. Order Terminating Parental Rights

Sec. 161.206.  ORDER TERMINATING PARENTAL RIGHTS.  (a)  If the court finds by clear and convincing evidence grounds for termination of the parent-child relationship, it shall render an order terminating the parent-child relationship.
(a-1)  In a suit filed by the Department of Family and Protective Services seeking termination of the parent-child relationship for more than one parent of the child, the court may order termination of the parent-child relationship for the parent only if the court finds by clear and convincing evidence grounds for the termination of the parent-child relationship for that parent.
(b)  Except as provided by Section 161.2061, an order terminating the parent-child relationship divests the parent and the child of all legal rights and duties with respect to each other, except that the child retains the right to inherit from and through the parent unless the court otherwise provides.
(c)  Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable access under Chapter 153.
(d)  An order rendered under this section must include a finding that:
(1)  a request for identification of a court of continuing, exclusive jurisdiction has been made as required by Section 155.101; and
(2)  all parties entitled to notice, including the Title IV-D agency, have been notified.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 709, Sec. 2, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 751, Sec. 72, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 561, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 972 (S.B. 228), Sec. 44, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 317 (H.B. 7), Sec. 13, eff. September 1, 2017.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.2061. Terms Regarding Limited Post-Termination Contact

Sec. 161.2061.  TERMS REGARDING LIMITED POST-TERMINATION CONTACT.  (a)  If the court finds it to be in the best interest of the child, the court may provide in an order terminating the parent-child relationship that the biological parent who filed an affidavit of voluntary relinquishment of parental rights under Section 161.103 shall have limited post-termination contact with the child as provided by Subsection (b) on the agreement of the biological parent and the Department of  Family and Protective Services.
(b)  The order of termination may include terms that allow the biological parent to:
(1)  receive specified information regarding the child;
(2)  provide written communications to the child;  and
(3)  have limited access to the child.
(c)  The terms of an order of termination regarding limited post-termination contact may be enforced only if the party seeking enforcement pleads and proves that, before filing the motion for enforcement, the party attempted in good faith to resolve the disputed matters through mediation.
(d)  The terms of an order of termination under this section are not enforceable by contempt.
(e)  The terms of an order of termination regarding limited post-termination contact may not be modified.
(f)  An order under this section does not:
(1)  affect the finality of a termination order;  or
(2)  grant standing to a parent whose parental rights have been terminated to file any action under this title other than a motion to enforce the terms regarding limited post-termination contact until the court renders a subsequent adoption order with respect to the child.
Added by Acts 2003, 78th Leg., ch. 561, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.087, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.2062. Provision for Limited Contact Between Biological Parent and Child

Sec. 161.2062.  PROVISION FOR LIMITED CONTACT BETWEEN BIOLOGICAL PARENT AND CHILD.  (a)  An order terminating the parent-child relationship may not require that a subsequent adoption order include terms regarding limited post-termination contact between the child and a biological parent.
(b)  The inclusion of a requirement for post-termination contact described by Subsection (a) in a termination order does not:
(1)  affect the finality of a termination or subsequent adoption order;  or
(2)  grant standing to a parent whose parental rights have been terminated to file any action under this title after the court renders a subsequent adoption order with respect to the child.
Added by Acts 2003, 78th Leg., ch. 561, Sec. 2, eff. Sept. 1, 2003.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.207. Appointment of Managing Conservator on Termination

Sec. 161.207.  APPOINTMENT OF MANAGING CONSERVATOR ON TERMINATION.  (a)  If the court terminates the parent-child relationship with respect to both parents or to the only living parent, the court shall appoint a suitable, competent adult, the Department of Family and Protective Services, or a licensed child-placing agency as managing conservator of the child.  An agency designated managing conservator in an unrevoked or irrevocable affidavit of relinquishment shall be appointed managing conservator.
(b)  The order of appointment may refer to the docket number of the suit and need not refer to the parties nor be accompanied by any other papers in the record.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.088, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.208. Appointment of Department of Family and Protective Services as Managing Conservator

Sec. 161.208.  APPOINTMENT OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES AS MANAGING CONSERVATOR.  If a parent of the child has not been personally served in a suit in which the Department of Family and Protective Services seeks termination, the court that terminates a parent-child relationship may not appoint the Department of Family and Protective Services as permanent managing conservator of the child unless the court determines that:
(1)  the department has made a diligent effort to locate a missing parent who has not been personally served and a relative of that parent; and
(2)  a relative located by the department has had a reasonable opportunity to request appointment as managing conservator of the child or the department has not been able to locate the missing parent or a relative of the missing parent.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.089, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.2081. Notice of Termination for Certain Relatives

Sec. 161.2081.  NOTICE OF TERMINATION FOR CERTAIN RELATIVES.  Immediately after a court renders an order terminating the parent-child relationship in a suit filed by the Department of Family and Protective Services, the department shall notify each individual described by Section 102.006(c) who has been identified under Section 262.1095 that:
(1)  the parent-child relationship has been terminated; and
(2)  the individual has 90 days after the date the order is rendered to file an original suit or a suit for modification requesting managing conservatorship of the child in accordance with Section 102.006(c).
Added by Acts 2021, 87th Leg., R.S., Ch. 710 (H.B. 2926), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.209. Copy of Order of Termination

Sec. 161.209.  COPY OF ORDER OF TERMINATION.  A copy of an order of termination rendered under Section 161.206 is not required to be mailed to parties as provided by Rules 119a and 239a, Texas Rules of Civil Procedure.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.210. Sealing of File

Sec. 161.210.  SEALING OF FILE.  The court, on the motion of a party or on the court's own motion, may order the sealing of the file, the minutes of the court, or both, in a suit for termination.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter C. Hearing and Order › Section 161.211. Direct or Collateral Attack on Termination Order

Sec. 161.211.  DIRECT OR COLLATERAL ATTACK ON TERMINATION ORDER.  (a)  Notwithstanding Rule 329, Texas Rules of Civil Procedure, the validity of an order terminating the parental rights of a person who has been personally served or who has executed an affidavit of relinquishment of parental rights or an affidavit of waiver of interest in a child or whose rights have been terminated under Section 161.002(b) is not subject to collateral or direct attack after the sixth month after the date the order was signed.
(b)  Notwithstanding Rule 329, Texas Rules of Civil Procedure, the validity of an order terminating the parental rights of a person who is served by citation by publication is not subject to collateral or direct attack after the sixth month after the date the order was signed.
(c)  A direct or collateral attack on an order terminating parental rights based on an unrevoked affidavit of relinquishment of parental rights or affidavit of waiver of interest in a child is limited to issues relating to fraud, duress, or coercion in the execution of the affidavit.
Added by Acts 1997, 75th Leg., ch. 600, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 601, Sec. 2, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 19, eff. Sept. 1, 1999.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter D. Reinstatement of Parental Rights After Involuntary Termination › Section 161.301. Definitions

Sec. 161.301.  DEFINITIONS.  In this subchapter:
(1)  "Commissioner" means the commissioner of the Department of Family and Protective Services.
(2)  "Department" means the Department of Family and Protective Services.
Added by Acts 2021, 87th Leg., R.S., Ch. 710 (H.B. 2926), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter D. Reinstatement of Parental Rights After Involuntary Termination › Section 161.303. Hearing

Sec. 161.303.  HEARING.  (a)  A reinstatement hearing under this subchapter must be held not later than the 60th day after the date the petition is filed.
(b)  The petitioner has the burden of proof in the hearing, and each party may call witnesses.
(c)  The court may grant the petition and order the reinstatement of the former parent's parental rights only if the court finds by a preponderance of the evidence that:
(1)  reinstatement of parental rights is in the child's best interests;
(2)  at least two years have passed since issuance of the order terminating parental rights and an appeal of the order is not pending;
(3)  the child has not been adopted and is not the subject of an adoption placement agreement;
(4)  if the child is 12 years of age or older, the child consents to the reinstatement and desires to reside with the parent;
(5)  the former parent has remedied the conditions that were grounds for rendering the order terminating parental rights; and
(6)  the former parent is willing and has the capability to perform parental duties as provided in Section 151.001, including maintaining the health, safety, and welfare of the child.
(d)  In determining whether to grant a petition for reinstatement of parental rights under this subchapter in regard to a child who is 11 years of age or younger on the date the petition is filed, the court shall consider the child's age, maturity, and ability to express a preference and may consider the child's preference regarding the reinstatement as one factor, considered along with all other relevant factors, in making the determination.
Added by Acts 2021, 87th Leg., R.S., Ch. 710 (H.B. 2926), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 161 - Termination of the Parent-Child Relationship › Subchapter D. Reinstatement of Parental Rights After Involuntary Termination › Section 161.304. Orders

Sec. 161.304.  ORDERS.  (a)  Following a hearing under this subchapter, the court may render an order:
(1)  granting the petition;
(2)  denying the petition; or
(3)  deferring the decision on the petition and rendering a temporary order expiring after a period of six months during which the department remains the managing conservator of the child and the former parent is the possessory conservator.
(b)  If the court defers granting the petition under Subsection (a)(3):
(1)  the department shall monitor the possessory conservatorship of the former parent during the period of the temporary order; and
(2)  when the temporary order expires, the court shall hold a hearing to determine whether to grant or deny the petition for reinstatement.
(c)  If, following a hearing under this subchapter, the court renders an order for reinstatement of parental rights, the court shall enter the court's findings in a written order stating that all legal rights, powers, privileges, immunities, duties, and obligations of the former parent regarding the child, including with respect to custody, care, control, and support, are reinstated.
(c-1)  The clerk of the court shall provide a copy of an order rendered under Subsection (c) to the Title IV-D agency.
(d)  If, following a hearing under this subchapter, the court denies a petition for reinstatement of parental rights, the court shall render a written order that includes:
(1)  the court's findings and detailing reasons for denial of the petition; and
(2)  a statement prohibiting the filing of a subsequent petition in regard to the former parent's parental rights before the first anniversary of the date the order of denial was issued.
Added by Acts 2021, 87th Leg., R.S., Ch. 710 (H.B. 2926), Sec. 1, eff. September 1, 2021.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 152 (S.B. 870), Sec. 7, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 162 - Adoption › Subchapter A. Adoption of a Child › Section 162.001. Who May Adopt and Be Adopted

Sec. 162.001.  WHO MAY ADOPT AND BE ADOPTED.  (a)  Subject to the requirements for standing to sue in Chapter 102, an adult may petition to adopt a child who may be adopted.
(b)  A child residing in this state may be adopted if:
(1)  the parent-child relationship as to each living parent of the child has been terminated or a suit for termination is joined with the suit for adoption;
(2)  the parent whose rights have not been terminated is presently the spouse of the petitioner and the proceeding is for a stepparent adoption;
(3)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, the person seeking the adoption has been a managing conservator or has had actual care, possession, and control of the child for a period of six months preceding the adoption or is the child's former stepparent, and the nonterminated parent consents to the adoption;  or
(4)  the child is at least two years old, the parent-child relationship has been terminated with respect to one parent, and the person seeking the adoption is the child's former stepparent and has been a managing conservator or has had actual care, possession, and control of the child for a period of one year preceding the adoption.
(c)  If an affidavit of relinquishment of parental rights contains a consent for the Department of Family and Protective Services or a licensed child-placing agency to place the child for adoption and appoints the department or agency managing conservator of the child, further consent by the parent is not required and the adoption order shall terminate all rights of the parent without further termination proceedings.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 561, Sec. 14, eff. Sept. 1, 1997;  Acts 2003, 78th Leg., ch. 493, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.090, eff. April 2, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 162 - Adoption › Subchapter A. Adoption of a Child › Section 162.002. Prerequisites to Petition

Sec. 162.002.  PREREQUISITES TO PETITION.  (a)  If a petitioner is married, both spouses must join in the petition for adoption.
(b)  A petition in a suit for adoption or a suit for appointment of a nonparent managing conservator with authority to consent to adoption of a child must include:
(1)  a verified allegation that there has been compliance with Subchapter B ;  or
(2)  if there has not been compliance with Subchapter B, a verified statement of the particular reasons for noncompliance.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 162 - Adoption › Subchapter A. Adoption of a Child › Section 162.0025. Adoption Sought by Military Service Member

Sec. 162.0025.  ADOPTION SOUGHT BY MILITARY SERVICE MEMBER.  In a suit for adoption, the fact that a petitioner is a member of the armed forces of the United States, a member of the Texas National Guard or the National Guard of another state, or a member of a reserve component of the armed forces of the United States may not be considered by the court, or any person performing an adoption evaluation or home screening, as a negative factor in determining whether the adoption is in the best interest of the child or whether the petitioner would be a suitable parent.
Added by Acts 2007, 80th Leg., R.S., Ch. 768 (H.B. 3537), Sec. 1, eff. June 15, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.02, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 162 - Adoption › Subchapter A. Adoption of a Child › Section 162.003. Adoption Evaluation

Sec. 162.003.  ADOPTION EVALUATION.  In a suit for adoption, an adoption evaluation must be conducted as provided in Chapter 107, unless the court waives the requirement for the performance of an adoption evaluation under Section 107.153(a-1).
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1995, 74th Leg., ch. 751, Sec. 73, eff. Sept. 1, 1995;  Acts 1995, 74th Leg., ch. 800, Sec. 1, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 133, Sec. 6, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 832 (H.B. 772), Sec. 6, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.03, eff. September 1, 2015.
Acts 2023, 88th Leg., R.S., Ch. 802 (H.B. 461), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 162 - Adoption › Subchapter A. Adoption of a Child › Section 162.0045. Preferential Setting

Sec. 162.0045.  PREFERENTIAL SETTING.  The court shall grant a motion for a preferential setting for a final hearing on an adoption and shall give precedence to that hearing over all other civil cases not given preference by other law if the adoption evaluation has been filed and the criminal history for the person seeking to adopt the child has been obtained.
Added by Acts 1997, 75th Leg., ch. 561, Sec. 15, eff. Sept. 1, 1997.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 3.04, eff. September 1, 2015.
2023 Texas Statutes › Family Code › Title 5 - The Parent-Child Relationship and the Suit Affecting the Parent-Child Relationship › Subtitle B - Suits Affecting the Parent-Child Relationship › Chapter 162 - Adoption › Subchapter A. Adoption of a Child › Section 162.005. Preparation of Health, Social, Educational, and Genetic History Report

Sec. 162.005.  PREPARATION OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT.  (a)  This section does not apply to an adoption by the child's:
(1)  grandparent;
(2)  aunt or uncle by birth, marriage, or prior adoption;  or
(3)  stepparent.
(b)  Before placing a child for adoption, the Department of Family and Protective Services, a licensed child-placing agency, or the child's parent or guardian shall compile a report on the available health, social, educational, and genetic history of the child to be adopted.
(c)  The department shall ensure that each licensed child-placing agency, single source continuum contractor, or other person placing a child for adoption receives a copy of any portion of the report prepared by the department.
(d)  If the child has been placed for adoption by a person or entity other than the department, a licensed child-placing agency, or the child's parent or guardian, it is the duty of the person or entity who places the child for adoption to prepare the report.
(e)  The person or entity who places the child for adoption shall provide the prospective adoptive parents a copy of the report as early as practicable before the first meeting of the adoptive parents with the child.  The copy of the report shall be edited to protect the identity of birth parents and their families.
(f)  The department, licensed child-placing agency, parent, guardian, person, or entity who prepares and files the original report is required to furnish supplemental medical, psychological, and psychiatric information to the adoptive parents if that information becomes available and to file the supplemental information where the original report is filed.  The supplemental information shall be retained for as long as the original report is required to be retained.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.091, eff. April 2, 2015.
Acts 2015, 84th Leg., R.S., Ch. 944 (S.B. 206), Sec. 12, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 319 (S.B. 11), Sec. 4, eff. September 1, 2017.