FAMILY CODE
CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
SUBCHAPTER A. GROUNDS
§ 161.001. INVOLUNTARY TERMINATION OF PARENT-CHILD
RELATIONSHIP. 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 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); and
(xiii) Section 43.26 (possession or
promotion of child pornography);
(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 Protective and Regulatory Services or an authorized
agency for not less than six months, and:
(i) the department or authorized agency 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 Protective and Regulatory 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, as defined
by Section 261.001; or
(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; and
(2) that termination is in the best interest of the
child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 709, § 1, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 751, § 65, eff. Sept. 1, 1995;
Acts 1997, 75th Leg., ch. 575, § 9, eff. Sept. 1, 1997; Acts
1997, 75th Leg., ch. 1022, § 60, eff. Sept. 1, 1997; Acts 1999,
76th Leg., ch. 1087, § 1, eff. Sept. 1, 1999; Acts 1999, 76th
Leg., ch. 1390, § 18, eff. Sept. 1, 1999; Acts 2001, 77th Leg.,
ch. 809, § 1, eff. Sept. 1, 2001.
§ 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED
BIOLOGICAL FATHER. (a) The procedural and substantive standards
for termination of parental rights apply to the termination of the
rights of an alleged father.
(b) The rights of an alleged father may be terminated if:
(1) after being served with citation, he does not
respond by timely filing an admission of paternity or a
counterclaim for paternity under Chapter 160;
(2) he has not registered with the paternity registry
under Chapter 160, and after the exercise of due diligence by the
petitioner:
(A) his identity and location are unknown; or
(B) his identity is known but he cannot be
located; or
(3) he has registered with the paternity registry
under Chapter 160, but the petitioner's attempt to personally serve
citation at the address provided to the registry and at any other
address for the alleged father known by the petitioner has been
unsuccessful, despite the due diligence of the petitioner.
(c) The termination of the rights of an alleged father under
Subsection (b)(2) rendered on or after January 1, 1998, does not
require personal service of citation or citation by publication on
the alleged father.
(d) The termination of rights of an alleged father under
Subsection (b)(3) does not require service of citation by
publication on the alleged father.
(e) The court shall not render an order terminating parental
rights under Subsection (b)(2) unless the court, after reviewing
the petitioner's sworn affidavit describing the petitioner's effort
to identify and locate the alleged father and considering any
evidence submitted by the attorney ad litem for the alleged father,
has found that the petitioner exercised due diligence in attempting
to identify and locate the alleged father. The order shall contain
specific findings regarding due diligence of the petitioner.
(f) The court shall not render an order terminating parental
rights under Subsection (b)(3) unless the court, after reviewing
the petitioner's sworn affidavit describing the petitioner's effort
to obtain personal service of citation on the alleged father and
considering any evidence submitted by the attorney ad litem for the
alleged father, has found that the petitioner exercised due
diligence in attempting to obtain service on the alleged father.
The order shall contain specific findings regarding the exercise of
due diligence of the petitioner.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 66, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 561, § 7, eff. Sept. 1, 1997;
Acts 2001, 77th Leg., ch. 821, § 2.16, eff. June 14, 2001; Acts
2001, 77th Leg., ch. 1090, § 1, eff. Sept. 1, 2001.
§ 161.003. INVOLUNTARY TERMINATION: INABILITY TO CARE
FOR CHILD. (a) The court may order termination of the
parent-child relationship in a suit filed by the Department of
Protective and Regulatory Services if the court finds that:
(1) the parent has a mental or emotional illness or a
mental deficiency that renders the parent unable to provide for the
physical, emotional, and mental needs of the child;
(2) the illness or deficiency, in all reasonable
probability, proved by clear and convincing evidence, will continue
to render the parent unable to provide for the child's needs until
the 18th birthday of the child;
(3) the department has been the temporary or sole
managing conservator of the child of the parent for at least six
months preceding the date of the hearing on the termination held in
accordance with Subsection (c);
(4) the department has made reasonable efforts to
return the child to the parent; and
(5) the termination is in the best interest of the
child.
(b) Immediately after the filing of a suit under this
section, the court shall appoint an attorney ad litem to represent
the interests of the parent against whom the suit is brought.
(c) A hearing on the termination may not be held earlier
than 180 days after the date on which the suit was filed.
(d) An attorney appointed under Subsection (b) shall
represent the parent for the duration of the suit unless the parent,
with the permission of the court, retains another attorney.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 67, eff. Sept. 1,
1995; Acts 2001, 77th Leg., ch. 496, § 1, eff. Sept. 1, 2001;
Acts 2001, 77th Leg., ch. 1090, § 2, eff. Sept. 1, 2001.
§ 161.004. TERMINATION OF PARENTAL RIGHTS AFTER DENIAL
OF PRIOR PETITION TO TERMINATE. (a) The court may terminate the
parent-child relationship after rendition of an order that
previously denied termination of the parent-child relationship if:
(1) the petition under this section is filed after the
date the order denying termination was rendered;
(2) the circumstances of the child, parent, sole
managing conservator, possessory conservator, or other party
affected by the order denying termination have materially and
substantially changed since the date that the order was rendered;
(3) the parent committed an act listed under Section
161.001 before the date the order denying termination was rendered;
and
(4) termination is in the best interest of the child.
(b) At a hearing under this section, the court may consider
evidence presented at a previous hearing in a suit for termination
of the parent-child relationship of the parent with respect to the
same child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.005. TERMINATION WHEN PARENT IS
PETITIONER. (a) A parent may file a suit for termination of the
petitioner's parent-child relationship. The court may order
termination if termination is in the best interest of the child.
(b) If the petition designates the Department of Protective
and Regulatory Services as managing conservator, the department
shall be given service of citation. The court shall notify the
department if the court appoints the department as the managing
conservator of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 68, eff. Sept. 1,
1995.
§ 161.006. TERMINATION AFTER ABORTION. (a) A petition
requesting termination of the parent-child relationship with
respect to a parent who is not the petitioner may be granted if the
child was born alive as the result of an abortion.
(b) In this code, "abortion" means an intentional expulsion
of a human fetus from the body of a woman induced by any means for
the purpose of causing the death of the fetus.
(c) The court or the jury may not terminate the parent-child
relationship under this section with respect to a parent who:
(1) had no knowledge of the abortion; or
(2) participated in or consented to the abortion for
the sole purpose of preventing the death of the mother.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
CRIMINAL ACT. The court may order the termination of the
parent-child relationship of a parent and a child if the court finds
that:
(1) the parent has been convicted of an offense
committed under Section 22.011, 22.021, or 25.02, Penal Code;
(2) as a direct result of the commission of the offense
by the parent, the victim of the offense became pregnant with the
parent's child; and
(3) termination is in the best interest of the child.
Added by Acts 1997, 75th Leg., ch. 561, § 8, eff. Sept. 1, 1997.
SUBCHAPTER B. PROCEDURES
§ 161.101. PETITION ALLEGATIONS. A petition for the
termination of the parent-child relationship is sufficient without
the necessity of specifying the underlying facts if the petition
alleges in the statutory language the ground for the termination
and that termination is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.102. FILING SUIT FOR TERMINATION BEFORE
BIRTH. (a) A suit for termination may be filed before the birth
of the child.
(b) If the suit is filed before the birth of the child, the
petition shall be styled "In the Interest of an Unborn Child."
After the birth, the clerk shall change the style of the case to
conform to the requirements of Section 102.008.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment
of parental rights must be:
(1) signed after the birth of the child, but not before
48 hours after the birth of the child, by the parent, whether or not
a minor, whose parental rights are to be relinquished;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(b) The affidavit must contain:
(1) the name, address, and age of the parent whose
parental rights are being relinquished;
(2) the name, age, and birth date of the child;
(3) the names and addresses of the guardians of the
person and estate of the child, if any;
(4) a statement that the affiant is or is not presently
obligated by court order to make payments for the support of the
child;
(5) a full description and statement of value of all
property owned or possessed by the child;
(6) an allegation that termination of the parent-child
relationship is in the best interest of the child;
(7) one of the following, as applicable:
(A) the name and address of the other parent;
(B) a statement that the parental rights of the
other parent have been terminated by death or court order; or
(C) a statement that the child has no presumed
father and that an affidavit of status of the child has been
executed as provided by this chapter;
(8) a statement that the parent has been informed of
parental rights and duties;
(9) a statement that the relinquishment is revocable,
that the relinquishment is irrevocable, or that the relinquishment
is irrevocable for a stated period of time;
(10) if the relinquishment is revocable, a statement
in boldfaced type concerning the right of the parent signing the
affidavit to revoke the relinquishment only if the revocation is
made before the 11th day after the date the affidavit is executed;
(11) if the relinquishment is revocable, the name and
address of a person to whom the revocation is to be delivered; and
(12) the designation of a prospective adoptive parent,
the Department of Protective and Regulatory Services, if the
department has consented in writing to the designation, or a
licensed child-placing agency to serve as managing conservator of
the child and the address of the person or agency.
(c) The affidavit may contain:
(1) a waiver of process in a suit to terminate the
parent-child relationship filed under this chapter or in a suit to
terminate joined with a petition for adoption; and
(2) a consent to the placement of the child for
adoption by the Department of Protective and Regulatory Services or
by a licensed child-placing agency.
(d) A copy of the affidavit shall be provided to the parent
at the time the parent signs the affidavit.
(e) The relinquishment in an affidavit that designates the
Department of Protective and Regulatory Services or a licensed
child-placing agency to serve as the managing conservator is
irrevocable. A relinquishment in any other affidavit of
relinquishment is revocable unless it expressly provides that it is
irrevocable for a stated period of time not to exceed 60 days after
the date of its execution.
(f) A relinquishment in an affidavit of relinquishment of
parental rights that fails to state that the relinquishment is
irrevocable for a stated time is revocable as provided by Section
161.1035.
(g) To revoke a relinquishment under Subsection (e) the
parent must sign a statement witnessed by two credible persons and
verified before a person authorized to take oaths. A copy of the
revocation shall be delivered to the person designated in the
affidavit. If a parent attempting to revoke a relinquishment under
this subsection has knowledge that a suit for termination of the
parent-child relationship has been filed based on the parent's
affidavit of relinquishment of parental rights, the parent shall
file a copy of the revocation with the clerk of the court.
(h) The affidavit may not contain terms for limited
post-termination contact between the child and the parent whose
parental rights are to be relinquished as a condition of the
relinquishment of parental rights.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 69, eff. Sept. 1,
1995; Acts 1997, 75th Leg., ch. 561, § 9, eff. Sept. 1, 1997;
Acts 2003, 78th Leg., ch. 561, § 3, eff. Sept. 1, 2003.
§ 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An
affidavit of relinquishment of parental rights or affidavit of
waiver of interest in a child that fails to state that the
relinquishment or waiver is irrevocable for a stated time is:
(1) revocable only if the revocation is made before
the 11th day after the date the affidavit is executed; and
(2) irrevocable on or after the 11th day after the date
the affidavit is executed.
Added by Acts 1997, 75th Leg., ch. 561, § 10, eff. Sept. 1, 1997.
§ 161.104. RIGHTS OF DESIGNATED MANAGING CONSERVATOR
PENDING COURT APPOINTMENT. A person, licensed child-placing
agency, or authorized agency designated managing conservator of a
child in an irrevocable or unrevoked affidavit of relinquishment
has a right to possession of the child superior to the right of the
person executing the affidavit, the right to consent to medical,
surgical, dental, and psychological treatment of the child, and the
rights and duties given by Chapter 153 to a possessory conservator
until such time as these rights and duties are modified or
terminated by court order.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 70, eff. Sept. 1,
1995.
§ 161.105. AFFIDAVIT OF STATUS OF CHILD. (a) If the
child has no presumed father, an affidavit shall be:
(1) signed by the mother, whether or not a minor;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(b) The affidavit must:
(1) state that the mother is not and has not been
married to the alleged father of the child;
(2) state that the mother and alleged father have not
attempted to marry under the laws of this state or another state or
nation;
(3) state that paternity has not been established
under the laws of any state or nation; and
(4) contain one of the following, as applicable:
(A) the name and whereabouts of a man alleged to
be the father;
(B) the name of an alleged father and a statement
that the affiant does not know the whereabouts of the father;
(C) a statement that an alleged father has
executed an acknowledgment of paternity under Chapter 160 and an
affidavit of relinquishment of parental rights under this chapter
and that both affidavits have been filed with the court; or
(D) a statement that the name of an alleged
father is unknown.
(c) The affidavit of status of child may be executed at any
time after the first trimester of the pregnancy of the mother.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1999, 76th Leg., ch. 556, § 40, eff. Sept. 1,
1999.
§ 161.106. AFFIDAVIT OF WAIVER OF INTEREST IN
CHILD. (a) A man may sign an affidavit disclaiming any interest
in a child and waiving notice or the service of citation in any suit
filed or to be filed affecting the parent-child relationship with
respect to the child.
(b) The affidavit may be signed before the birth of the
child.
(c) The affidavit shall be:
(1) signed by the man, whether or not a minor;
(2) witnessed by two credible persons; and
(3) verified before a person authorized to take oaths.
(d) The affidavit may contain a statement that the affiant
does not admit being the father of the child or having had a sexual
relationship with the mother of the child.
(e) An affidavit of waiver of interest in a child may be used
in a suit in which the affiant attempts to establish an interest in
the child. The affidavit may not be used in a suit brought by
another person, licensed child-placing agency, or authorized
agency to establish the affiant's paternity of the child.
(f) A waiver in an affidavit under this section that
designates the Department of Protective and Regulatory Services or
a licensed child-placing agency to serve as the managing
conservator is irrevocable. A waiver in any other affidavit under
this section is revocable unless it expressly provides that it is
irrevocable for a stated period not to exceed 60 days after the date
of execution.
(g) A waiver in an affidavit under this section that fails
to state that the waiver is irrevocable for a stated time is
revocable as provided by Section 161.1035.
(h) An affidavit under this section that contains a waiver
that is revocable must contain:
(1) a statement in boldfaced type concerning the right
of the person who executed the affidavit to revoke the affidavit
only if the revocation is made before the 11th day after the date
the affidavit is executed; and
(2) the name and address of the person to whom the
revocation is to be delivered.
(i) A copy of the affidavit shall be provided to the person
who executed the affidavit at the time the person signs the
affidavit.
(j) To revoke a waiver, the person who executed the
affidavit must sign a statement witnessed by two credible persons
and verified before a person authorized to take oaths. A copy of
the revocation shall be delivered to the person designated in the
affidavit of waiver of interest in a child. If a person attempting
to revoke an affidavit under this subsection has knowledge that a
suit for termination of the parent-child relationship based on the
person's waiver of interest in a child has been filed, the person
shall file a copy of the revocation with the clerk of the court.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1997, 75th Leg., ch. 561, § 11, eff. Sept. 1,
1997.
§ 161.107. MISSING PARENT OR RELATIVE. (a) In this
section:
(1) "Parent" means a parent whose parent-child
relationship with a child has not been terminated.
(2) "Relative" means a parent, grandparent, or adult
sibling or child.
(b) If a parent of the child has not been personally served
in a suit in which the Department of Protective and Regulatory
Services seeks termination, the department must make a diligent
effort to locate that parent.
(c) If a parent has not been personally served and cannot be
located, the department shall make a diligent effort to locate a
relative of the missing parent to give the relative an opportunity
to request appointment as the child's managing conservator.
(d) If the department is not able to locate a missing parent
or a relative of that parent and sufficient information is
available concerning the physical whereabouts of the parent or
relative, the department shall request the state agency designated
to administer a statewide plan for child support to use the parental
locator service established under 42 U.S.C. Section 653 to
determine the location of the missing parent or relative.
(e) The department shall be required to provide evidence to
the court to show what actions were taken by the department in
making a diligent effort to locate the missing parent and relative
of the missing parent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 751, § 71, eff. Sept. 1,
1995.
§ 161.108. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
CENTER. (a) Before or at the time an affidavit of relinquishment
of parental rights under Section 161.103 is executed, the mother of
a newborn child may authorize the release of the child from the
hospital or birthing center to a licensed child-placing agency, the
Department of Protective and Regulatory Services, or another
designated person.
(b) A release under this section must be:
(1) executed in writing;
(2) witnessed by two credible adults; and
(3) verified before a person authorized to take oaths.
(c) A hospital or birthing center shall comply with the
terms of a release executed under this section without requiring a
court order.
Added by Acts 1997, 75th Leg., ch. 561, § 12, eff. Sept. 1, 1997.
§ 161.109. REQUIREMENT OF PATERNITY REGISTRY
CERTIFICATE. (a) If an affidavit of status of child as provided
by this chapter states that the father of the child is unknown and
no probable father is known, a certificate from the bureau of vital
statistics signed by the registrar that a diligent search has been
made of the paternity registry maintained by the bureau and that a
registration has not been found pertaining to the father of the
child in question must be filed with the court before a trial on the
merits in the suit for termination may be held.
(b) In a proceeding to terminate parental rights in which
the alleged or probable father has not been personally served with
citation or signed an affidavit of relinquishment or an affidavit
of waiver of interest, the court may not terminate the parental
rights of the alleged or probable father, whether known or unknown,
unless a certificate from the bureau of vital statistics signed by
the registrar states that a diligent search has been made of the
paternity registry maintained by the bureau and that a filing or
registration has not been found pertaining to the father of the
child in question.
Added by Acts 1997, 75th Leg., ch. 561, § 12, eff. Sept. 1, 1997.
SUBCHAPTER C. HEARING AND ORDER
§ 161.2011. CONTINUANCE; ACCESS TO CHILD. (a) A
parent whose rights are subject to termination in a suit affecting
the parent-child relationship and against whom criminal charges are
filed that directly relate to the grounds for which termination is
sought may file a motion requesting a continuance of the final trial
in the suit until the criminal charges are resolved. The court may
grant the motion only if the court finds that a continuance is in
the best interest of the child. Notwithstanding any continuance
granted, the court shall conduct status and permanency hearings
with respect to the child as required by Chapter 263 and shall
comply with the dismissal date under Section 263.401.
(b) Nothing in this section precludes the court from issuing
appropriate temporary orders as authorized in this code.
(c) The court in which a suit to terminate the parent-child
relationship is pending may render an order denying a parent access
to a child if the parent is indicted for criminal activity that
constitutes a ground for terminating the parent-child relationship
under Section 161.001. The denial of access under this section
shall continue until the date the criminal charges for which the
parent was indicted are resolved and the court renders an order
providing for access to the child by the parent.
Added by Acts 1997, 75th Leg., ch. 1022, § 61, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1090, § 3, eff. Sept.
1, 2001.
§ 161.202. PREFERENTIAL SETTING. In a termination
suit, after a hearing, the court shall grant a motion for a
preferential setting for a final hearing on the merits filed by a
party to the suit or by the attorney or guardian ad litem for the
child and shall give precedence to that hearing over other civil
cases if:
(1) termination would make the child eligible for
adoption; and
(2) discovery has been completed or sufficient time
has elapsed since the filing of the suit for the completion of all
necessary and reasonable discovery if diligently pursued.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 133, § 5, eff. Sept. 1,
2001.
§ 161.203. DISMISSAL OF PETITION. A suit to terminate
may not be dismissed nor may a nonsuit be taken unless the dismissal
or nonsuit is approved by the court. The dismissal or nonsuit
approved by the court is without prejudice.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 1090, § 4, eff. Sept. 1,
2001.
§ 161.204. TERMINATION BASED ON AFFIDAVIT OF WAIVER OF
INTEREST. In a suit for termination, the court may render an order
terminating the parent-child relationship between a child and a man
who has signed an affidavit of waiver of interest in the child, if
the termination is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 1090, § 5, eff. Sept. 1,
2001.
§ 161.205. ORDER DENYING TERMINATION. If the court does
not order termination of the parent-child relationship, the court
shall:
(1) deny the petition; or
(2) render any order in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 2001, 77th Leg., ch. 1090, § 6, eff. Sept. 1,
2001.
§ 161.206. ORDER TERMINATING PARENTAL RIGHTS. (a) If
the court finds by clear and convincing evidence grounds for
termination of the parent-child relationship, it shall render an
order terminating the parent-child relationship.
(b) Except as provided by Section 161.2061, an order
terminating the parent-child relationship divests the parent and
the child of all legal rights and duties with respect to each other,
except that the child retains the right to inherit from and through
the parent unless the court otherwise provides.
(c) Nothing in this chapter precludes or affects the rights
of a biological or adoptive maternal or paternal grandparent to
reasonable access under Chapter 153.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
Amended by Acts 1995, 74th Leg., ch. 709, § 2, eff. Sept. 1,
1995; Acts 1995, 74th Leg., ch. 751, § 72, eff. Sept. 1, 1995;
Acts 2003, 78th Leg., ch. 561, § 1, eff. Sept. 1, 2003.
§ 161.2061. TERMS REGARDING LIMITED POST-TERMINATION
CONTACT. (a) If the court finds it to be in the best interest of
the child, the court may provide in an order terminating the
parent-child relationship that the biological parent who filed an
affidavit of voluntary relinquishment of parental rights under
Section 161.103 shall have limited post-termination contact with
the child as provided by Subsection (b) on the agreement of the
biological parent and the Department of Protective and Regulatory
Services.
(b) The order of termination may include terms that allow
the biological parent to:
(1) receive specified information regarding the
child;
(2) provide written communications to the child; and
(3) have limited access to the child.
(c) The terms of an order of termination regarding limited
post-termination contact may be enforced only if the party seeking
enforcement pleads and proves that, before filing the motion for
enforcement, the party attempted in good faith to resolve the
disputed matters through mediation.
(d) The terms of an order of termination under this section
are not enforceable by contempt.
(e) The terms of an order of termination regarding limited
post-termination contact may not be modified.
(f) An order under this section does not:
(1) affect the finality of a termination order; or
(2) grant standing to a parent whose parental rights
have been terminated to file any action under this title other than
a motion to enforce the terms regarding limited post-termination
contact until the court renders a subsequent adoption order with
respect to the child.
Added by Acts 2003, 78th Leg., ch. 561, § 2, eff. Sept. 1, 2003.
§ 161.2062. PROVISION FOR LIMITED CONTACT BETWEEN
BIOLOGICAL PARENT AND CHILD. (a) An order terminating the
parent-child relationship may not require that a subsequent
adoption order include terms regarding limited post-termination
contact between the child and a biological parent.
(b) The inclusion of a requirement for post-termination
contact described by Subsection (a) in a termination order does
not:
(1) affect the finality of a termination or subsequent
adoption order; or
(2) grant standing to a parent whose parental rights
have been terminated to file any action under this title after the
court renders a subsequent adoption order with respect to the
child.
Added by Acts 2003, 78th Leg., ch. 561, § 2, eff. Sept. 1, 2003.
§ 161.207. APPOINTMENT OF MANAGING CONSERVATOR ON
TERMINATION. (a) If the court terminates the parent-child
relationship with respect to both parents or to the only living
parent, the court shall appoint a suitable, competent adult, the
Department of Protective and Regulatory Services, a licensed
child-placing agency, or an authorized agency as managing
conservator of the child. An agency designated managing
conservator in an unrevoked or irrevocable affidavit of
relinquishment shall be appointed managing conservator.
(b) The order of appointment may refer to the docket number
of the suit and need not refer to the parties nor be accompanied by
any other papers in the record.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.208. APPOINTMENT OF DEPARTMENT OF PROTECTIVE AND
REGULATORY SERVICES AS MANAGING CONSERVATOR. If a parent of the
child has not been personally served in a suit in which the
Department of Protective and Regulatory Services seeks
termination, the court that terminates a parent-child relationship
may not appoint the Department of Protective and Regulatory
Services as permanent managing conservator of the child unless the
court determines that:
(1) the department has made a diligent effort to
locate a missing parent who has not been personally served and a
relative of that parent; and
(2) a relative located by the department has had a
reasonable opportunity to request appointment as managing
conservator of the child or the department has not been able to
locate the missing parent or a relative of the missing parent.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.209. COPY OF ORDER OF TERMINATION. A copy of an
order of termination rendered under Section 161.206 is not required
to be mailed to parties as provided by Rules 119a and 239a, Texas
Rules of Civil Procedure.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.210. SEALING OF FILE. The court, on the motion of
a party or on the court's own motion, may order the sealing of the
file, the minutes of the court, or both, in a suit for termination.
Added by Acts 1995, 74th Leg., ch. 20, § 1, eff. April 20, 1995.
§ 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION
ORDER. (a) Notwithstanding Rule 329, Texas Rules of Civil
Procedure, the validity of an order terminating the parental rights
of a person who has been personally served or who has executed an
affidavit of relinquishment of parental rights or an affidavit of
waiver of interest in a child or whose rights have been terminated
under Section 161.002(b) is not subject to collateral or direct
attack after the sixth month after the date the order was signed.
(b) Notwithstanding Rule 329, Texas Rules of Civil
Procedure, the validity of an order terminating the parental rights
of a person who is served by citation by publication is not subject
to collateral or direct attack after the sixth month after the date
the order was signed.
(c) A direct or collateral attack on an order terminating
parental rights based on an unrevoked affidavit of relinquishment
of parental rights or affidavit of waiver of interest in a child is
limited to issues relating to fraud, duress, or coercion in the
execution of the affidavit.
Added by Acts 1997, 75th Leg., ch. 600, § 1, eff. Sept. 1, 1997;
Acts 1997, 75th Leg., ch. 601, § 2, eff. Sept. 1, 1997. Amended
by Acts 1999, 76th Leg., ch. 1390, § 19, eff. Sept. 1, 1999.
