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  H.B. No. 2658
 
 
 
 
AN ACT
  relating to grounds for the involuntary termination of the
  parent-child relationship.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 161.001(b), Family Code, is amended to
  read as follows:
         (b)  The court may order termination of the parent-child
  relationship if the court finds by clear and convincing evidence:
               (1)  that the parent has:
                     (A)  voluntarily left the child alone or in the
  possession of another not the parent and expressed an intent not to
  return;
                     (B)  voluntarily left the child alone or in the
  possession of another not the parent without expressing an intent
  to return, without providing for the adequate support of the child,
  and remained away for a period of at least three months;
                     (C)  voluntarily left the child alone or in the
  possession of another without providing adequate support of the
  child and remained away for a period of at least six months;
                     (D)  knowingly placed or knowingly allowed the
  child to remain in conditions or surroundings which endanger the
  physical or emotional well-being of the child;
                     (E)  engaged in conduct or knowingly placed the
  child with persons who engaged in conduct which endangers the
  physical or emotional well-being of the child;
                     (F)  failed to support the child in accordance
  with the parent's ability during a period of one year ending within
  six months of the date of the filing of the petition;
                     (G)  abandoned the child without identifying the
  child or furnishing means of identification, and the child's
  identity cannot be ascertained by the exercise of reasonable
  diligence;
                     (H)  voluntarily, and with knowledge of the
  pregnancy, abandoned the mother of the child beginning at a time
  during her pregnancy with the child and continuing through the
  birth, failed to provide adequate support or medical care for the
  mother during the period of abandonment before the birth of the
  child, and remained apart from the child or failed to support the
  child since the birth;
                     (I)  contumaciously refused to submit to a
  reasonable and lawful order of a court under Subchapter D, Chapter
  261;
                     (J)  been the major cause of:
                           (i)  the failure of the child to be enrolled
  in school as required by the Education Code; or
                           (ii)  the child's absence from the child's
  home without the consent of the parents or guardian for a
  substantial length of time or without the intent to return;
                     (K)  executed before or after the suit is filed an
  unrevoked or irrevocable affidavit of relinquishment of parental
  rights as provided by this chapter;
                     (L)  been convicted or has been placed on
  community supervision, including deferred adjudication community
  supervision, for being criminally responsible for the death or
  serious injury of a child under the following sections of the Penal
  Code, or under a law of another jurisdiction that contains elements
  that are substantially similar to the elements of an offense under
  one of the following Penal Code sections, or adjudicated under
  Title 3 for conduct that caused the death or serious injury of a
  child and that would constitute a violation of one of the following
  Penal Code sections:
                           (i)  Section 19.02 (murder);
                           (ii)  Section 19.03 (capital murder);
                           (iii)  Section 19.04 (manslaughter);
                           (iv)  Section 21.11 (indecency with a
  child);
                           (v)  Section 22.01 (assault);
                           (vi)  Section 22.011 (sexual assault);
                           (vii)  Section 22.02 (aggravated assault);
                           (viii)  Section 22.021 (aggravated sexual
  assault);
                           (ix)  Section 22.04 (injury to a child,
  elderly individual, or disabled individual);
                           (x)  Section 22.041 (abandoning or
  endangering child);
                           (xi)  Section 25.02 (prohibited sexual
  conduct);
                           (xii)  Section 43.25 (sexual performance by
  a child);
                           (xiii)  Section 43.26 (possession or
  promotion of child pornography);
                           (xiv)  Section 21.02 (continuous sexual
  abuse of young child or disabled individual);
                           (xv)  Section 20A.02(a)(7) or (8)
  (trafficking of persons); and
                           (xvi)  Section 43.05(a)(2) (compelling
  prostitution);
                     (M)  had his or her parent-child relationship
  terminated with respect to another child based on a finding that the
  parent's conduct was in violation of Paragraph (D) or (E) or
  substantially equivalent provisions of the law of another state;
                     (N)  constructively abandoned the child who has
  been in the permanent or temporary managing conservatorship of the
  Department of Family and Protective Services for not less than six
  months, and:
                           (i)  the department has made reasonable
  efforts to return the child to the parent;
                           (ii)  the parent has not regularly visited
  or maintained significant contact with the child; and
                           (iii)  the parent has demonstrated an
  inability to provide the child with a safe environment;
                     (O)  failed to comply with the provisions of a
  court order that specifically established the actions necessary for
  the parent to obtain the return of the child who has been in the
  permanent or temporary managing conservatorship of the Department
  of Family and Protective Services for not less than nine months as a
  result of the child's removal from the parent under Chapter 262 for
  the abuse or neglect of the child;
                     (P)  used a controlled substance, as defined by
  Chapter 481, Health and Safety Code, in a manner that endangered the
  health or safety of the child, and:
                           (i)  failed to complete a court-ordered
  substance abuse treatment program; or
                           (ii)  after completion of a court-ordered
  substance abuse treatment program, continued to abuse a controlled
  substance;
                     (Q)  knowingly engaged in criminal conduct that
  has resulted in the parent's:
                           (i)  conviction of an offense; and
                           (ii)  confinement or imprisonment and
  inability to care for the child for not less than two years from the
  date of filing the petition;
                     (R)  been the cause of the child being born
  addicted to alcohol or a controlled substance, other than a
  controlled substance legally obtained by prescription;
                     (S)  voluntarily delivered the child to a
  designated emergency infant care provider under Section 262.302
  without expressing an intent to return for the child;
                     (T)  been convicted of:
                           (i)  the murder of the other parent of the
  child under Section 19.02 or 19.03, Penal Code, or under a law of
  another state, federal law, the law of a foreign country, or the
  Uniform Code of Military Justice that contains elements that are
  substantially similar to the elements of an offense under Section
  19.02 or 19.03, Penal Code;
                           (ii)  criminal attempt under Section 15.01,
  Penal Code, or under a law of another state, federal law, the law of
  a foreign country, or the Uniform Code of Military Justice that
  contains elements that are substantially similar to the elements of
  an offense under Section 15.01, Penal Code, to commit the offense
  described by Subparagraph (i);
                           (iii)  criminal solicitation under Section
  15.03, Penal Code, or under a law of another state, federal law, the
  law of a foreign country, or the Uniform Code of Military Justice
  that contains elements that are substantially similar to the
  elements of an offense under Section 15.03, Penal Code, of the
  offense described by Subparagraph (i); or
                           (iv)  the sexual assault of the other parent
  of the child under Section 22.011 or 22.021, Penal Code, or under a
  law of another state, federal law, or the Uniform Code of Military
  Justice that contains elements that are substantially similar to
  the elements of an offense under Section 22.011 or 22.021, Penal
  Code; [or]
                     (U)  been placed on community supervision,
  including deferred adjudication community supervision, or another
  functionally equivalent form of community supervision or
  probation, for being criminally responsible for the sexual assault
  of the other parent of the child under Section 22.011 or 22.021,
  Penal Code, or under a law of another state, federal law, or the
  Uniform Code of Military Justice that contains elements that are
  substantially similar to the elements of an offense under Section
  22.011 or 22.021, Penal Code; or
                     (V)  been convicted of:
                           (i)  criminal solicitation of a minor under
  Section 15.031, Penal Code, or under a law of another state, federal
  law, the law of a foreign country, or the Uniform Code of Military
  Justice that contains elements that are substantially similar to
  the elements of an offense under Section 15.031, Penal Code; or
                           (ii)  online solicitation of a minor under
  Section 33.021, Penal Code, or under a law of another state, federal
  law, the law of a foreign country, or the Uniform Code of Military
  Justice that contains elements that are substantially similar to
  the elements of an offense under Section 33.021, Penal Code; and
               (2)  that termination is in the best interest of the
  child.
         SECTION 2.  The change in law made by this Act applies only
  to a suit affecting the parent-child relationship filed on or after
  the effective date of this Act. A suit affecting the parent-child
  relationship filed before the effective date of this Act is
  governed by the law in effect on the date the suit was filed, and the
  former law is continued in effect for that purpose.
         SECTION 3.  This Act takes effect September 1, 2023.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2658 was passed by the House on May 9,
  2023, by the following vote:  Yeas 138, Nays 4, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2658 was passed by the Senate on May
  21, 2023, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor