HB 3996
AN ACT relating to extensions of the mandatory dismissal date in certain
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
relating to extensions of the mandatory dismissal date in certain
Bill Text
relating to extensions of the mandatory dismissal date in 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. Sections 263.401(b) and (b-3), Family Code, are (b) Unless the court has commenced the trial on the merits, the court may not retain the suit on the court's docket after the time described by Subsection (a) unless the parent in open court requests an extension of time and the court finds that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department and that continuing the appointment of the department as temporary managing conservator is in the best interest of the child. If the court makes those findings, the court may retain the suit on the court's docket for a period not to exceed 180 days after the time described by Subsection (a). If the court retains the suit on the court's docket, the court shall render an order in which the court: (1) schedules the new date on which the suit will be automatically dismissed if the trial on the merits has not commenced, which date must be not later than the 180th day after the time described by Subsection (a); (2) makes further temporary orders for the safety and welfare of the child as necessary to avoid further delay in (3) sets the trial on the merits on a date not later than the date specified under Subdivision (1). (b-3) A court shall find under Subsection (b) that extraordinary circumstances necessitate the child remaining in the temporary managing conservatorship of the department if: (1) a parent of a child has made a good faith effort to successfully complete the service plan but needs additional time, including additional time to complete a substance abuse treatment program that was ordered as part of the service plan; and (2) on completion of the service plan the court intends to order the child returned to the parent. SECTION 2. This Act takes effect September 1, 2025.
Bill History
Bill filed: AN ACT relating to extensions of the mandatory dismissal date in certain
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