CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
FAMILY CODE
TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE
PARENT-CHILD RELATIONSHIP
SUBTITLE B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP
CHAPTER 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP
SUBCHAPTER A. GROUNDS
Sec. 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);
(xiii) Section 43.26 (possession or promotion of child
pornography); and
(xiv) Section 21.02 (continuous sexual abuse of young child or
children);
(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 Family and Protective 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 Family
and Protective 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;
(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; or
(T) been convicted of:
(i) the murder of the other parent of the child under Section
19.02 or 19.03, Penal Code, or under a law of another state,
federal law, the law of a foreign country, or the Uniform Code of
Military Justice that contains elements that are substantially
similar to the elements of an offense under Section 19.02 or
19.03, Penal Code;
(ii) criminal attempt under Section 15.01, Penal Code, or under
a law of another state, federal law, the law of a foreign
country, or the Uniform Code of Military Justice that contains
elements that are substantially similar to the elements of an
offense under Section 15.01, Penal Code, to commit the offense
described by Subparagraph (i); or
(iii) criminal solicitation under Section 15.03, Penal Code, or
under a law of another state, federal law, the law of a foreign
country, or the Uniform Code of Military Justice that contains
elements that are substantially similar to the elements of an
offense under Section 15.03, Penal Code, of the offense described
by Subparagraph (i); and
(2) that termination is in the best interest of the child.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 709, Sec. 1, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 65, eff. Sept.
1, 1995; Acts 1997, 75th Leg., ch. 575, Sec. 9, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1022, Sec. 60, eff. Sept. 1,
1997; Acts 1999, 76th Leg., ch. 1087, Sec. 1, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1390, Sec. 18, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 809, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
508, Sec. 2, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.30, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch.
86, Sec. 1, eff. September 1, 2009.
Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED BIOLOGICAL
FATHER. (a) Except as otherwise provided by this section, 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) the child is over one year of age at the time the petition
for termination of the parent-child relationship or for adoption
is filed, 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;
(3) the child is under one year of age at the time the petition
for termination of the parent-child relationship or for adoption
is filed and he has not registered with the paternity registry
under Chapter 160; or
(4) 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, and
before January 1, 2008, does not require personal service of
citation or citation by publication on the alleged father.
(c-1) The termination of the rights of an alleged father under
Subsection (b)(2) or (3) rendered on or after January 1, 2008,
does not require personal service of citation or citation by
publication on the alleged father, and there is no requirement to
identify or locate an alleged father who has not registered with
the paternity registry under Chapter 160.
(d) The termination of rights of an alleged father under
Subsection (b)(4) 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) or (3) unless the court receives
evidence of a certificate of the results of a search of the
paternity registry under Chapter 160 from the bureau of vital
statistics indicating that no man has registered the intent to
claim paternity.
(f) The court shall not render an order terminating parental
rights under Subsection (b)(4) 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 66, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 7, eff. Sept.
1, 1997; Acts 2001, 77th Leg., ch. 821, Sec. 2.16, eff. June 14,
2001; Acts 2001, 77th Leg., ch. 1090, Sec. 1, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 4, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 67, eff.
Sept. 1, 1995; Acts 2001, 77th Leg., ch. 496, Sec. 1, eff. Sept.
1, 2001; Acts 2001, 77th Leg., ch. 1090, Sec. 2, eff. Sept. 1,
2001.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 68, eff.
Sept. 1, 1995.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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 21.02, 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, Sec. 8, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
593, Sec. 3.31, eff. September 1, 2007.
SUBCHAPTER B. PROCEDURES
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, county of residence, 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 county of residence 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;
(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 Family and Protective 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 69, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 561, Sec. 9, eff. Sept.
1, 1997; Acts 2003, 78th Leg., ch. 561, Sec. 3, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 5, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1412, Sec. 1, eff. September 1, 2007.
Sec. 161.1031. MEDICAL HISTORY REPORT. (a) A parent who signs
an affidavit of voluntary relinquishment of parental rights under
Section 161.103 regarding a biological child must also prepare a
medical history report that addresses the medical history of the
parent and the parent's ancestors.
(b) The Department of Family and Protective Services, in
cooperation with the Department of State Health Services, shall
adopt a form that a parent may use to comply with this section.
The form must be designed to permit a parent to identify any
medical condition of the parent or the parent's ancestors that
could indicate a predisposition for the child to develop the
condition.
(c) The medical history report shall be used in preparing the
health, social, educational, and genetic history report required
by Section 162.005 and shall be made available to persons granted
access under Section 162.006 in the manner provided by that
section.
Added by Acts 2005, 79th Leg., Ch.
1258, Sec. 1, eff. September 1, 2005.
Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An affidavit
of relinquishment of parental rights 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, Sec. 10, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 6, eff. September 1, 2007.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 70, eff.
Sept. 1, 1995.
Sec. 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 is irrevocable.
(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13,
eff. September 1, 2007.
(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13,
eff. September 1, 2007.
(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) Repealed by Acts 2007, 80th Leg., R.S., Ch. 1283, Sec. 13,
eff. September 1, 2007.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1997, 75th Leg., ch. 561, Sec. 11, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 7, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 13, eff. September 1, 2007.
Sec. 161.107. MISSING PARENT OR RELATIVE. (a) In this section:
(1) "Parent" means a parent, as defined by Section 160.102,
whose parent-child relationship with a child has not been
terminated. The term does not include a man who does not have a
parent-child relationship established under Chapter 160.
(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 Family and Protective 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, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 751, Sec. 71, eff.
Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 8, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 9, eff. September 1, 2007.
Sec. 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, Sec. 12, eff. Sept. 1,
1997.
Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
(a) If a parent-child relationship does not exist between the
child and any man, 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, Sec. 12, eff. Sept. 1,
1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
1283, Sec. 10, eff. September 1, 2007.
SUBCHAPTER C. HEARING AND ORDER
Sec. 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, Sec. 61, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 3, eff.
Sept. 1, 2001.
Sec. 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 amicus attorney or attorney 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 133, Sec. 5, eff.
Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch.
172, Sec. 19, eff. September 1, 2005.
Sec. 161.2021. MEDICAL HISTORY REPORT. (a) In a termination
suit, the court shall order each parent before the court to
provide information regarding the medical history of the parent
and the parent's ancestors.
(b) A parent may comply with the court's order under this
section by completing the medical history report form adopted by
the Department of Family and Protective Services under Section
161.1031.
(c) If the Department of Family and Protective Services is a
party to the termination suit, the information provided under
this section must be maintained in the department records
relating to the child and made available to persons with whom the
child is placed.
Added by Acts 2005, 79th Leg., Ch.
1258, Sec. 2, eff. September 1, 2005.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 4, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 5, eff.
Sept. 1, 2001.
Sec. 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, Sec. 1, eff. April 20,
1995. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 6, eff.
Sept. 1, 2001.
Sec. 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.
(d) An order rendered under this section must include a finding
that:
(1) a request for identification of a court of continuing,
exclusive jurisdiction has been made as required by Section
155.101; and
(2) all parties entitled to notice, including the Title IV-D
agency, have been notified.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20,
1995. Amended by Acts 1995, 74th Leg., ch. 709, Sec. 2, eff.
Sept. 1, 1995; Acts 1995, 74th Leg., ch. 751, Sec. 72, eff. Sept.
1, 1995; Acts 2003, 78th Leg., ch. 561, Sec. 1, eff. Sept. 1,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
972, Sec. 44, eff. September 1, 2007.
Sec. 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, Sec. 2, eff. Sept. 1,
2003.
Sec. 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, Sec. 2, eff. Sept. 1,
2003.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. April 20,
1995.
Sec. 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, Sec. 1, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 601, Sec. 2, eff. Sept. 1, 1997.
Amended by Acts 1999, 76th Leg., ch. 1390, Sec. 19, eff. Sept. 1,
1999.