Sec. 161.2011. CONTINUANCE; ACCESS TO CHILD. (a) A parent whose rights are subject to termination in a suit affecting the parent-child relationship and against whom criminal charges are filed that directly relate to the grounds for which termination is sought may file a motion requesting a continuance of the final trial in the suit until the criminal charges are resolved. The court may grant the motion only if the court finds that a continuance is in the best interest of the child. Notwithstanding any continuance granted, the court shall conduct status and permanency hearings with respect to the child as required by Chapter 263 and shall comply with the dismissal date under Section 263.401.
(b) Nothing in this section precludes the court from issuing appropriate temporary orders as authorized in this code.
(c) The court in which a suit to terminate the parent-child relationship is pending may render an order denying a parent access to a child if the parent is indicted for criminal activity that constitutes a ground for terminating the parent-child relationship under Section 161.001. The denial of access under this section shall continue until the date the criminal charges for which the parent was indicted are resolved and the court renders an order providing for access to the child by the parent.
Added by Acts 1997, 75th Leg., ch. 1022, Sec. 61, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 1090, Sec. 3, eff. Sept. 1, 2001.
Notes of Decisions
In Re Texas Dep't of Prot. & Regulatory Servs., 71 S.W.3d 446 (Tex. App. 2002).
· cites it 3× “The issue before us is whether an amendment to Texas Family Code section 161.2011, effective September 1, 2001, applies to a case previously stayed pursuant to the prior version of that statute.”
In the Interest of Walters, 39 S.W.3d 280 (Tex. App. 2001).
“432 (Vernon 1996) (giving grandparents a right to sue for access to a grandchild); Tex.Fam.Code Ann. § 161.2011(c) (Vernon Supp.”
In Re Mcm, 57 S.W.3d 27 (Tex. App. 2001).
· cites it 2× “Tex. Fam.Code Ann. § 161.2011 (Vernon Supp.”
In Re Jw, 113 S.W.3d 605 (Tex. App. 2003).
“Tex. Fam.Code Ann. § 161.2011(a) note (Vernon 2001).”
in Re L.F. & E.F.S. (Tex. App. 2018).
“See generally Tex. Fam. Code Ann. § 161.2011 (West 2014).”
in Re J. D. (Tex. App. 2019).
“Appellate case number: 01-19-00304-CV Trial court case number: 2017-05833J Trial court: 315th District Court of Harris County Relator has filed a petition for writ of mandamus challenging the constitutionality of TEX. FAM. CODE §§ 161.2011 and 263.401. Relator has also filed a…”
in the Interest of J.L., a Child (Tex. App. 2006).
“See Tex. Fam. Code Ann. § 161.2011 . According to appellant, the unrestricted use of "best interest" is unconstitutional.”
— Tex. Fam. Code § 161.2011(a) — 5 cases
In Re Jw, 113 S.W.3d 605 (Tex. App. 2003).
“Tex. Fam.Code Ann. § 161.2011(a) note (Vernon 2001).”
— Tex. Fam. Code § 161.2011(c) — 3 cases
In the Interest of Walters, 39 S.W.3d 280 (Tex. App. 2001).
“432 (Vernon 1996) (giving grandparents a right to sue for access to a grandchild); Tex.Fam.Code Ann. § 161.2011(c) (Vernon Supp.”
In Re Mcm, 57 S.W.3d 27 (Tex. App. 2001).
“Tex. Fam.Code Ann. § 161.2011 (Vernon Supp.”
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