Texas Family Code

§ 161.003 — INVOLUNTARY TERMINATION: INABILITY TO CARE FOR CHILD

FA § 161.003Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part B. SUITS AFFECTING THE PARENT-CHILD RELATIONSHIP · Ch. 161. TERMINATION OF THE PARENT-CHILD RELATIONSHIP · Art. A. GROUNDS

Statute text

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(a)The court may order termination of the parent-child relationship in a suit filed by the Department of Family and Protective 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.

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Legislative history

Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.080, eff. April 2, 2015.