HB 2216 Texas House · 89th Legislature (2025)

Relating to procedures and grounds related to the removal and placement of children, including for terminating the parent-child relationship, for taking possession of a child, and for certain hearings in a suit affecting the parent-child relationship filed by a governmental entity.

HB 2216 amends Texas Family Code Section 161.001 to clarify procedures for terminating parental rights in cases involving the Department of Family and Protective Services (DFPS). It defines "born addicted to alcohol or controlled substance" with specific medical criteria and lists new grounds for termination, including abandonment, endangerment, and failure to support. The bill requires courts to find termination "beyond a reasonable doubt" (replacing the prior "clear and convincing evidence" standard) for certain cases. This directly affects parents facing termination proceedings, DFPS caseworkers, and family courts handling child welfare cases. The changes aim to standardize evidence requirements and definitions in parental termination cases.
Bill status passed 3 of 5 stages cleared
Introduction
Mar 2025
Committee Review
May 2025
House Passage
Apr 2025
Senate Passage
Governor
Introduced Mar 14, 2025 Last action May 7, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 7 edits · Apr 24, 2025
MODERATE
This bill updates Texas Family Code provisions related to terminating parent-child relationships and child removal cases. It adds new grounds for termination, clarifies what constitutes 'active efforts' by the Department of Family and Protective Services, and expands protections against terminating parental rights based on poverty or minor offenses. The changes aim to make termination decisions more rigorous and ensure parents receive adequate support services before losing custody.
Scope change
The bill expands the scope of termination grounds to include new categories of parental conduct, while simultaneously narrowing the circumstances under which termination can occur by adding protections for parents facing poverty, substance use, or minor nonviolent offenses.
ELIGIBILITY

Added new grounds for terminating parental rights including constructive abandonment, failure to comply with court orders, substance abuse endangering children, and criminal conduct resulting in imprisonment.

REQUIREMENT

Changed 'active efforts' from 'reasonable efforts' in multiple sections, requiring more affirmative and thorough assistance from the Department of Family and Protective Services.

Added protections preventing termination based on factors like poverty, crowded housing, single-parent households, parental age, substance use, and social isolation.

Added requirement for courts to document specific causal relationships between home conditions and risk of harm to children.

Modified disclosure requirements to include exculpatory evidence and consultation records that may help parents defend against termination.

Added new criminal offenses as grounds for termination including compelling prostitution, continuous sexual abuse of young children, and online solicitation of minors.

DEFINITION

Added new definition for 'active efforts' requiring affirmative, active, thorough, and timely efforts to maintain or reunite children with families.

Floor votes · House Apr 24, 2025

How they voted

1392
Passed · 3 other
Total votes 144
Apr 24, 2025
D Democratic59
56 Yea 1 Nay 2
94% Yea
R Republican85
83 Yea 1 Nay 1
97% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
10
Committee
9
Amendments
2
May 7, 2025
Upper · Passed
Left pending in committee
upper
May 7, 2025
Upper · Passed
Testimony taken in committee
upper
Apr 28, 2025
Committee
Referred to Health & Human Services
upper
Apr 28, 2025
Introduced
Read first time
upper
Apr 24, 2025
Introduced
Received from the House
upper
Apr 24, 2025
Lower · Passed
Passed
lower
Apr 23, 2025
Lower · Passed
Passed to engrossment as amended
lower
Apr 23, 2025
Lower · Passed
Amended
lower
Apr 15, 2025
Lower · Passed
Committee report sent to Calendars
lower
Apr 14, 2025
Lower · Passed
Committee report distributed
lower
Apr 8, 2025
Lower · Passed
Reported favorably as substituted
lower
Mar 25, 2025
Lower · Passed
Left pending in committee
lower
Mar 25, 2025
Lower · Passed
Testimony taken/registration(s) recorded in committee
lower
Mar 14, 2025
Committee
Referred to Human Services
lower
Mar 14, 2025
Introduced
Read first time
lower
6 primary · 1 co-sponsor

Sponsors