Relating to prohibiting the dismissal of certain suits affecting the parent-child relationship involving the Department of Family and Protective Services.

89(R) HB 4805 - House Committee Report version - Bill Text

89R25523 DNC-F

By: Johnson

H.B. No. 4805

Substitute the following for H.B. No. 4805:

By: Leach

C.S.H.B. No. 4805

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting the dismissal of certain suits affecting

the parent-child relationship involving the Department of Family

and Protective Services.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter E, Chapter 263, Family Code, is

amended by adding Section 263.4012 to read as follows:

Sec.

263.4012.

PROHIBITING DISMISSAL AND RETAINING

JURISDICTION WHEN CHILD IS MISSING. (a)

Notwithstanding Section

263.401, if the court finds the child is missing from the child's

substitute care provider, the court shall retain jurisdiction and

schedule a new dismissal date that is 180 days after the last

dismissal date.

The court may not dismiss the case until the

earlier of the date the child is found or the date on which the child

would no longer be eligible to receive department services or

benefits.

(b)

If the court retains jurisdiction under Subsection (a)

but does not commence the trial on the merits before the dismissal

date, the court's jurisdiction over the suit is terminated and the

suit is automatically dismissed without a court order.

SECTION 2. Section 263.501(g), Family Code, is amended to

read as follows:

(g)
Unless the child is adopted or permanent managing

conservatorship of the child is awarded to an individual other than

the department, a
[
A
] court required to conduct permanency hearings

for a child for whom the department has been appointed permanent

managing conservator may not dismiss a suit affecting the

parent-child relationship filed by the department regarding the

child while the child is
:

(1)
committed to the Texas Juvenile Justice Department

or released under the supervision of the Texas Juvenile Justice

Department
; or

(2)

missing from the child's substitute care

provider
[
, unless the child is adopted or permanent managing

conservatorship of the child is awarded to an individual other than

the department
].

SECTION 3. This Act takes effect September 1, 2025.