Tex. Fam. Code § 161.302

Current through the 87th Legislature (2021) Third Special Session
Section 161.302 - Petition
(a) The following persons may file a petition under this subchapter requesting the court to reinstate the parental rights of a former parent whose parental rights were involuntarily terminated under Section 161.001 or 161.003:
(1) the department;
(2) the single source continuum contractor under Subchapter B-1, Chapter 264, with responsibility for the child who is the subject of the petition;
(3) the attorney ad litem for the child who is the subject of the petition; or
(4) the former parent whose parental rights were involuntarily terminated.
(b) A petition for the reinstatement of parental rights may be filed under this subchapter only if:
(1) the termination of parental rights resulted from a suit filed by the department;
(2) at least two years have passed since the issuance of the order terminating the former parent's parental rights and an appeal of the order is not pending;
(3) the child has not been adopted;
(4) the child is not the subject of an adoption placement agreement; and
(5) the petitioner has provided the notice required by Subsection (d), if the petitioner is the former parent whose parental rights are sought to be reinstated.
(c) The contents of the petition for reinstatement of parental rights must be sworn by the petitioner and must include:
(1) the name of the petitioner;
(2) the name and current residence address of the former parent whose parental rights are sought to be reinstated, if that former parent is not the petitioner;
(3) the child's name, current residence address, and date and place of birth, if known;
(4) the name, current residence address, and contact information, if known, of any party that:
(A) participated in the original termination hearing; and
(B) has information relevant to the determination of conservatorship of or possession of or access to the child;
(5) a summary of the grounds on which the court rendered the order terminating the former parent's parental rights;
(6) a summary statement of the facts and evidence that the petitioner believes demonstrate that the former parent whose parental rights are sought to be reinstated has the capacity and willingness to perform parental duties under Section 151.001, including steps the former parent has taken toward personal rehabilitation since the rendition of the order terminating parental rights, including mental health and substance abuse treatment, employment, or other personal history that demonstrates rehabilitation;
(7) a statement of the former parent whose parental rights are sought to be reinstated requesting the reinstatement of parental rights;
(8) a statement of the intent or willingness of the child to consent to the reinstatement of parental rights, if the child is 12 years of age or older; and
(9) a summary of all prior requests or motions for reinstatement by the former parent whose parental rights are sought to be reinstated and by the petitioner, if the former parent is not the petitioner, with respect to that child.
(d) Before a former parent whose parental rights have been involuntarily terminated may file a petition for reinstatement under this subchapter, the former parent, at least 45 days before the petition is filed, must notify the department of the former parent's intent to file the petition. The commissioner shall create a form to be used by a former parent for that notice that includes the information listed in Subsection (c). A copy of the notice must be filed with the petition.
(e) The petition for the reinstatement of parental rights and notice of hearing on the petition must be served on:
(1) the child or the child's representative;
(2) the county attorney;
(3) the child's attorney ad litem;
(4) the department or single source continuum contractor, if applicable;
(5) the former parent whose parental rights are sought to be reinstated, if that former parent is not the petitioner; and
(6) if the child is subject to the Indian Child Welfare Act of 1978 ( 25 U.S.C. Section 1901 et seq.), the designated tribal service agent of the child's tribe and any other person required by federal law.

Tex. Fam. Code § 161.302

Added by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. TBD,Sec. 1, eff. 9/1/2021.