H.B. No. 2216 amends the Texas Family Code to revise the procedures and standards for the removal and placement of children, particularly regarding 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 to take proactive measures to support family reunification before seeking termination of parental rights. The bill raises the standard of proof for termination cases from "clear and convincing evidence" to "beyond a reasonable doubt," ensuring a higher threshold for such serious legal actions. It also specifies that factors like poverty or inadequate housing cannot solely justify the termination of parental rights, emphasizing the need for a causal link between home conditions and potential harm to the child.
Additionally, the bill establishes a right for relatives to intervene in placement decisions and clarifies that socioeconomic status should not influence these decisions. Courts are required to document active efforts made to reunite families and to consider the child's input during permanency hearings. The bill also mandates that visitation plans be adjusted to increase parental time when hearings are postponed. These amendments aim to strengthen the legal framework surrounding child welfare and family rights in Texas, ensuring that the best interests of the child are prioritized while providing a more rigorous evaluation process for parental termination cases. The changes will take effect on January 1, 2027, and 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 262, Family Code 161, 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 262, Family Code 161, 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 262, Family Code 161, Family Code 264, Family Code 263)