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A BILL TO BE ENTITLED
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AN ACT
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relating to suits affecting the parent-child relationship that |
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involve an alleged father who has not registered with the paternity |
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registry. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.008(b), Family Code, is amended to |
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read as follows: |
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(b) The petition must include: |
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(1) a statement that the court in which the petition is |
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filed has continuing, exclusive jurisdiction or that no court has |
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continuing jurisdiction of the suit; |
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(2) the name and date of birth of the child, except |
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that if adoption of a child is requested, the name of the child may |
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be omitted; |
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(3) the full name of the petitioner and the |
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petitioner's relationship to the child or the fact that no |
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relationship exists; |
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(4) the names of the parents, except in a suit in which |
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adoption is requested; |
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(5) the name of the managing conservator, if any, or |
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the child's custodian, if any, appointed by order of a court of |
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another state or country; |
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(6) the names of the guardians of the person and estate |
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of the child, if any; |
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(7) the names of possessory conservators or other |
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persons, if any, having possession of or access to the child under |
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an order of the court; |
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(8) except as provided by Sections 161.002(b)(2) and |
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(3) in a proceeding in which adoption or termination of parental |
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rights is requested, the name of an alleged father of the child or a |
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statement that the identity of the father of the child is unknown; |
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(9) a full description and statement of value of all |
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property owned or possessed by the child; |
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(10) a statement describing what action the court is |
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requested to take concerning the child and the statutory grounds on |
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which the request is made; and |
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(11) any other information required by this title. |
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SECTION 2. Section 107.013(a), Family Code, is amended to |
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read as follows: |
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(a) In a suit filed by a governmental entity in which |
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termination of the parent-child relationship is requested, the |
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court shall appoint an attorney ad litem to represent the interests |
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of: |
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(1) an indigent parent of the child who responds in |
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opposition to the termination; |
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(2) a parent served by citation by publication; and |
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(3) [an alleged father who failed to register with the
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registry under Chapter 160 and whose identity or location is
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unknown; and
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[(4)] an alleged father who registered with the |
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paternity registry under Chapter 160, but the petitioner's attempt |
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to personally serve citation at the address provided to the |
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registry and at any other address for the alleged father known by |
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the petitioner has been unsuccessful. |
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SECTION 3. Sections 102.008(b) and 107.013(a), Family Code, |
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as amended by this Act, apply to a suit affecting the parent-child |
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relationship filed on or after the effective date of this Act. A |
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suit affecting the parent-child relationship filed before the |
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effective date of this Act is governed by the law in effect on the |
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date the suit was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2011. |