Innocent Tears Act

  PROPOSED BILL TO BE ENTITLED

INNOCENT TEARS ACT


By Marina Burroughs


INTRODUCTION


The proposed Bill is in relation to the procedures for taking possession of a child by the Department of Family and Protective Services and is dedicated to my child, K. B. who fell a victim of the flawed system and has suffered the hardest heartbreak of her life and a life-long trauma at such a young age.

No child should be a victim of the system that was put in place to protect the children. Parents are not criminals and deserve to be treated as such - the most important people in the child’s life.  Not many parents truly neglect and abuse their children, those that do end up having serious criminal charges.  No child and no parent should have to go through unwarranted separation unless there is serious sufficient physical evidence to suggest that the child is being neglected and/or abused. Hearsay allegations and simply stating “it’s in the best interest of the child” must not be sufficient to separate that child from the person that child loves and cares for most. The pain of separation from the parent is a long lasting pain that lasts a lifetime and the child never recovers the trust that child had towards humanity once the system has separated that child from his or her parent. The parent never recovers from the pain and post traumatic syndrome disorder caused by such separation. Mental health starts with the health of the family as a unit and the mental health crisis starts with the broken families and the innocent tears of our children. 


Underlined Text shows proposed changes.


SUBCHAPTER B. PROCEDURES


Sec. 161.101.  PETITION ALLEGATIONS; PETITION AND MOTION REQUIREMENTS.  (a) A petition for the termination of the parent-child relationship is not sufficient without (the necessity of specifying - to be removed) the physical evidence of the underlying facts (if the petition alleges in the statutory language the ground for the termination and that termination is in the best interest of the child - to be removed).

(b)  A petition or motion filed by the Department of Family and Protective Services in a suit for termination of the parent-child relationship is subject to Chapter 10, Civil Practice and Remedies Code, and Rule 13, Texas Rules of Civil Procedure.

(c) A petition or motion filed by the Department of Family and Protective Services in a suit for termination of the parent-child relationship must be supported by the Grand Jury indictment for criminal charges associated with the offence warranting the removal of the child from parental custody. 

(d) Hearsay allegations are not the grounds for the termination of parental rights and can not be used as a sole reason to warrant removal of the child from parental custody. 

(e) All Interviews used as evidence in support of termination of the parent-child relationship must be recorded and/or administered in the form of deposition with court reporter, properly sworn in and notarized by Notary Public of the State of Texas. 

(f) All Department of Family and Protective Services removals must be in the best interest of the child, with the child’s best interest of staying with the parents being number one priority of the Department. 

(g) The Department of Family and Protective Services may not petition for the termination of the parent-child relationship without giving the parent the opportunity to mitigate the concern and giving the parent reasonable time to do so.

(h)The Department of Family and Protective Services may not petition for the termination of the parent-child relationship if the parent is able to arrange care for the child while mitigating any immediate concerns.

(i) The Department of Family and Protective Services may not petition for the termination of the parent-child relationship without first offering Family Based Services to be worked through with the child remaining in custody of the parents.  The Department of Family and Protective Services may only petition for the termination of the parent-child relationship if participation in Family Based Services was refused by both parents. The parents must be advised of this right prior to removal of the child. 

(j) The Department of Family and Protective Services may not petition for the termination of the parent-child relationship without Psychological Evaluation of both parent and a child and supporting recommendation for removal of the child by the Licensed Psychiatrist. 



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