Legislative Blog

J.B. Williams, J.D.

8 bills that modify the Family Code

A Blog about 88th Legislature Laws

A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

Blog Summary

HB 793 - Selection and reimbursement of persons providing services under DFPS plan

HB 891 - Use of expert testimony in suits affecting parent-child relationship

HB 907 - Persons authorized to conduct marriage ceremony

HB 968 - Procedures in parent-child relationship suits filed by DFPS

HB 969 - Local regulation to enforce child custody orders

HB 1087 - Requirements for petitions and orders in suit affecting parent-child relationship when filed by DFPS

HB 1423 - Expiration of a protective order when the subject is confined or imprisoned

HB 1432 - Required findings for issuance of protective order

8 bills that modify the Family Code

Published: 2025-04-16

HB 793

Selection and reimbursement of persons providing services under DFPS plan

A parent may choose where they are going to receive their services from as long as they are certified. Anyone providing required services is reimbursed by DFPS at the rate for the service region.

This seems rather hollow because the only places around my area that seem to provide the 'necessary services' as those already under contract with DFPS. I'm sure this is meant to ensure that those under contract are doing a good job and that parents had options. However for many things, I'm not sure it will open the market because there are matters for which no one seeks services other than when DFPS is involved.

HB 891

Use of expert testimony in suits affecting parent-child relationship

An expert opinion may be offered regarding the qualifications of, reliability of any methodology used, or relevance of information obtained by the person who conducted the custody evaluation.

Some of the judges I worked with preferred the parties agree on who they were going to use for a custody evaluation. This significantly reduces the likelihood of challenges to qualifications. Though I did know attorneys that were more likely to do so, and generally had them provide a list of evaluations from which I would review for agreement. They almost always provided at least 1 person whom I would have included anyway, and would have seemed less credible if they challenged the qualifications of the individual.

HB 907

Persons authorized to conduct marriage ceremony

This was more of a cleaning up of existing code. It use to list out each individual judge, but now it merely states a current, former, ore retired federal or state judge.

HB 968

Procedures in parent-child relationship suits filed by DFPS

This goes hand in hand with early changes. Since they now require verbal and written notifications of parents right to not agree to plans, they now allow DFPS to file because a parent did not agree to a plan. This will be used by DFPS as a bludgeoning tool against parents, especially those less able to hire an attorney.

An alleged perpetrator of abuse or neglect may agree in writing to an order requiring the perpetrator to leave the residence of the child. Such agreement must be court approved. And there is specific language that must be included. Agreeing to this is not an admission of child abuse or neglect, and may not be used against the person agreeing. A person agreeing to an order may request the court terminate the order. The order must be terminated if the court finds it it no longer needed and termination is in the best interest of the child.

My gut instinct is to lean toward never agreeing because then they must prove there is reason to have the person leave the home. Otherwise you are stuck with them being able to decide it is not in the child's best interest for you to return for whatever reason.

HB 969

Local regulation to enforce child custody orders

A civil penalty of up to $500 may be imposed by a municipality or county for interference with child custody order.

HB 1087

Requirements for petitions and orders in suit affecting parent-child relationship when filed by DFPS

Before a termination may be ordered in a matter filed by DFPS, the court must find by clear and convincing evidence that there were reasonable efforts to return the child before termination was commenced, and that there is a continuing danger to the child. This can be waived by a parent when DFPS provides a family service plan. This evidence must be described in writing with specificity in a separate section of a termination order.

In a suit affecting parent-child relationship, a court must specific and describe in writing why a child is not ordered to be returned. They must describe the reasonable efforts taken to do so, and explain what was preventing return.

HB 1423

Expiration of a protective order when the subject is confined or imprisoned

If a protective order is in place when the subject is released, then the Department of Public Safety must update the statewide law enforcement information system to reflect the date the protective order will expire.

HB 1432

Required findings for issuance of protective order

Protective orders must be rendered if the court finds family violence has occurred. Previously the court also had to find that it was likely to occur in the future.

 

J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.