Highlights 77th Texas Legislature - Senate

HEALTH AND HUMAN
SERVICES/Child Custody
77 th Texas Legislature
Use of Collaborative Law in Divorce and Child Custody Cases - H.B. 1363
by Representatives Goodman and Hope
Senate Sponsor: Senator Harris
Provides that the parties and their attorneys in dissolution of a marriage or a suit affecting the parent-child
relationship may, by written agreement, conduct the proceeding under collaborative law procedures.
Provides that a party is entitled to judgment on a collaborative law settlement agreement if the agreement
provides, in a prominently displayed statement, that the agreement is not subject to revocation and the
agreement is signed by the parties and their attorneys.
Requires a court that is notified 30 days before trial that the parties are using collaborative law procedures
to delay certain proceedings.
Requires the parties to notify the court if the collaborative law procedures result in a settlement.
Requires the parties, if the collaborative law procedures have not resulted in a settlement, to file status
reports with the court. If there is no settlement on or before the second anniversary of the date that the suit
was filed, the court may set the suit for trial or dismiss it without prejudice.
Child Protective Services - H.B. 1566
by Representative Morrison
Senate Sponsor: Senator Harris
Recent federal legislation and policy interpretations have raised some concerns regarding the wording of
provisions relating to "reasonable efforts" to prevent removal of a child from a home or to permit the return
of the child to the home.
Ensures technical requirements of federal law are met by requiring a court to determine if reasonable
efforts were made to prevent or eliminate the removal of the child from the home.
Modifies the circumstances under which a court may find a parent has subjected a child to aggravated
circumstances to include a parent being convicted for:
• the murder or voluntary manslaughter of another child of the parent;
• complicity in the murder or voluntary manslaughter of another child of the parent; or
• seriously injuring a child or another child of the parent.
Senate Research Center 112