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 replaces "reasonable efforts" in several sections, emphasizing the proactive measures that the Department of Family and Protective Services must take to support families. The bill raises the standard of proof for termination cases from "clear and convincing evidence" to "beyond a reasonable doubt," thereby increasing the threshold for such serious legal actions. It also specifies that factors like poverty or inadequate housing cannot solely justify the removal of a child, protecting families from unjust interventions based on socioeconomic status.

Additionally, the bill mandates that courts provide specific written findings when terminating parental rights, including evidence of the causal relationship between home conditions and potential harm to the child. It introduces a new provision allowing individuals who qualify as placement preferences to intervene in court proceedings if the department fails to place the child with them. The bill emphasizes the importance of the child's health and safety while also safeguarding parental rights and promoting family unity. These amendments will take effect on January 1, 2027, and will apply to cases filed after this date.

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 161, Family Code 262, Family Code 264, Family Code 263)
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 161, Family Code 262, Family Code 264, Family Code 263)
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 161, Family Code 262, Family Code 264, Family Code 263)