HB 1766

85(R) - 2017
House Juvenile Justice & Family Issues
House Juvenile Justice & Family Issues
Parental Rights

Companion Bill

SB 77

Vote Recommendation

  • Neutral
  • Neutral
  • Neutral
  • Neutral
  • Neutral


Carol Alvarado

Bill Caption

Relating to involuntary termination of parental rights based on sexual assault of the child’s other parent and the child support obligations of the parent whose rights were terminated.

Fiscal Notes

No significant fiscal implication to the State is anticipated.

Bill Analysis

This bill would add to the list of reasons that outlines when a court may order the termination of a parent-child relationship. Under the current law, a court may order the termination of parental rights if the parent has been convicted of the murder of the other parent, criminal attempt, or criminal solicitation. HB 1766 adds the “sexual assault of the other parent” to the list of convictions which would allow a court to terminate parental rights. It also allows the court to terminate parental rights if the parent has been placed on community supervision or probation for sexual assault of the other parent of the child. Additionally, if a person's parental rights have been waived, and if a court finds that they are financially able, a court may order that person to pay child support. 

Vote Recommendation Notes

The sanctity of the parent child relationship is paramount in a civil society. It is important to guard against allowing that relationship to be permanently affected by the termination of parental rights except for in extreme circumstances. A parent convicted of sexually assaulting the other parent is a serious crime and could legitimately be grounds for termination of parental rights. This bill gives judges discretion to make that decision based on the totality of the facts instead of imposing a new mandate on them. We approve of this provision. Overall we remain neutral on HB 1766 because this does, even with some protections, permit another reason to exercise the life-altering action of terminating parental rights.

Organizations Supporting

 National Association of Social Workers/Texas