H.B. No. 2216 amends the Texas Family Code to revise the procedures and grounds for the removal and placement of children, particularly focusing on the termination of the parent-child relationship. A significant change is the introduction of the term "active efforts," which requires the Department of Family and Protective Services (DFPS) to take proactive measures to maintain or reunite children with their families. The bill raises the standard of proof for termination of parental rights from "clear and convincing evidence" to "beyond a reasonable doubt," thereby increasing the threshold for such serious legal actions. It also clarifies that factors like poverty or single-parent households do not alone justify termination, emphasizing the need for thorough documentation of efforts made to prevent child removal and the continuing danger that necessitates such actions.

Additionally, the bill outlines specific requirements for courts during permanency hearings, including the assessment of DFPS's efforts in locating parents and meeting the child's needs. It establishes a preference hierarchy for child placements, prioritizing relatives and significant relationships, and allows for the intervention of individuals who qualify as placement preferences if the department fails to place the child with them. The legislation mandates that courts inform parents of their right to legal representation and postpone hearings to allow parents time to secure counsel, while also ensuring that visitation plans are modified to increase parent-child time. These changes aim to strengthen parental rights while prioritizing the safety and well-being of children in the child welfare system, with the new standards set to take effect on January 1, 2027, for cases filed thereafter.

Statutes affected:
Introduced: Family Code 161.001, Family Code 161.003, Family Code 161.101, Family Code 161.206, Family Code 262.001, Family Code 262.014, Family Code 262.101, Family Code 262.102, Family Code 262.105, Family Code 262.107, Family Code 262.114, Family Code 262.201, Family Code 262.2015, Family Code 263.202, Family Code 263.5031, Family Code 263.602, Family Code 264.0091 (Family Code 263, Family Code 161, Family Code 264, Family Code 262)
House Committee Report: Family Code 161.001, Family Code 161.003, Family Code 161.101, Family Code 161.206, Family Code 262.001, Family Code 262.014, Family Code 262.101, Family Code 262.102, Family Code 262.105, Family Code 262.107, Family Code 262.114, Family Code 262.201, Family Code 262.2015, Family Code 263.202, Family Code 263.5031, Family Code 263.602, Family Code 264.0091 (Family Code 263, Family Code 161, Family Code 264, Family Code 262)
Engrossed: Family Code 161.001, Family Code 161.003, Family Code 161.101, Family Code 161.206, Family Code 262.001, Family Code 262.014, Family Code 262.101, Family Code 262.102, Family Code 262.105, Family Code 262.107, Family Code 262.114, Family Code 262.201, Family Code 262.2015, Family Code 263.202, Family Code 263.5031, Family Code 263.602, Family Code 264.0091 (Family Code 263, Family Code 161, Family Code 264, Family Code 262)