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Texas Family Code - Section 161.003. Involuntary Termination: Inability To Care For Child

Legal Research Home > Texas Lawyer > Family Code > Texas Family Code - Section 161.003. Involuntary Termination: Inability To Care For Child

§ 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, § 1, eff. April 20, 1995.  
Amended by Acts 1995, 74th Leg., ch. 751, § 67, eff. Sept. 1, 
1995;  Acts 2001, 77th Leg., ch. 496, § 1, eff. Sept. 1, 2001;  
Acts 2001, 77th Leg., ch. 1090, § 2, eff. Sept. 1, 2001.

Last modified: August 11, 2007