S.B. No. 2165 amends the Family Code to establish new provisions regarding the dismissal of suits affecting the parent-child relationship when a child is missing. Specifically, it adds Section 263.4012, which mandates that if a court determines a child is missing from their substitute care provider, the court must retain jurisdiction over the case and set a new dismissal date 180 days after the last dismissal date. The case cannot be dismissed until the child is found or until they are no longer eligible for department services or benefits. Additionally, if the court does not commence the trial before the new dismissal date, jurisdiction will automatically terminate, and the suit will be dismissed without a court order.
Furthermore, the bill modifies Section 263.501(g) to clarify that a court conducting permanency hearings for a child under the department's permanent managing conservatorship cannot dismiss a suit filed by the department while the child is either committed to the Texas Juvenile Justice Department or missing from their substitute care provider. This change removes previous language that allowed for dismissal if the child was adopted or if permanent managing conservatorship was awarded to someone other than the department. The bill is set to take effect on September 1, 2025.
Statutes affected: Introduced: Family Code 263.501 (Family Code 263)
Senate Committee Report: Family Code 263.501 (Family Code 263)
Engrossed: Family Code 263.501 (Family Code 263)
House Committee Report: Family Code 263.501 (Family Code 263)
Enrolled: Family Code 263.501 (Family Code 263)