Texas HB 1780 (2019): Good-Faith Effort in Substance Abuse Treatment and Case Extensions

This bill is law. It took effect September 1, 2019.

The short answer

HB 1780 is a short law about time limits in DFPS court cases where a parent has been ordered into substance abuse treatment. If the judge is deciding whether "extraordinary circumstances" justify keeping the case open longer, the judge must consider whether the parent made a good faith effort to finish the treatment program. It applies to cases filed on or after September 1, 2019.

What it changes

The background. A DFPS court case has a deadline, called the dismissal date, by which it must be resolved. The Senate Research Center's Highlights report described the law in 2019 this way: DFPS cases in temporary managing conservatorship (when DFPS has temporary legal custody of a child) had to be resolved within one year, but a court could grant a six-month extension under "extraordinary circumstances." The report says there was no single definition of "extraordinary circumstances," which led to different decisions in different courts.

Why drug cases. The same report says DFPS found that most recent neglectful supervision cases involved adult drug use.

The new rule. HB 1780 added Subsection (b-2) to Family Code Section 263.401. It applies when:

• the judge is deciding whether extraordinary circumstances mean the child must stay in DFPS's temporary managing conservatorship past the deadline; and
• the court has ordered a parent to complete a substance abuse treatment program.

In that situation, the court must consider whether the parent made a good faith effort to successfully complete the program. The law says the court must consider this. It does not say an extension must be granted.

The stated purpose. The Senate Research Center's analysis of the House-passed bill says the intent was to give parents a chance to break the cycle of addiction and to lead to fewer parents having their rights terminated.

How it passed. The enrolled bill shows it passed the House 140 to 0 and the Senate 31 to 0.

Which cases it covers. The change applies only to cases filed on or after September 1, 2019. Section 263.401 has been amended since. For example, HB 567 in 2021 added Subsection (b-3).

A related later rule on drug evidence. HB 567 (2021) also limits when DFPS may take possession of a child. DFPS may not take a child based on evidence that the parent tested positive for marijuana, unless DFPS has evidence that the parent's use caused significant impairment to the child's physical or mental health or emotional development. See Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services. For how DFPS uses drug tests in a case, see CPS Drug Testing in Texas: What DFPS Policy Says.

Which laws it affects

• Family Code §263.401(b-2) (new): the good-faith-effort factor when a court considers an extension past the dismissal date.

Related

• CPS Drug Testing in Texas: What DFPS Policy Says
• Court-Ordered Services in Texas CPS Cases (Family Code §264.203)
• Your Right to a Lawyer in a Texas CPS Case
• Texas HB 567 (2021): Neglect Definition, Removals and Court-Ordered Services: the 2021 law that changed removal rules, including the marijuana rule, and amended §263.401
• Texas HB 7 (2017): CPS Court Case Reforms: the 2017 law that also amended §263.401