(2) any interest, fees, court costs, or other amounts owed by the person because the person has not paid the support. Yes, it is important to have the assistance of an experienced guardianship attorneyfor any temporary guardianship matters. Sec. Acts 2015, 84th Leg., R.S., Ch. Sec. April 2, 2015. 20, Sec. September 1, 2011. 27, eff. (d) An obligor whose employer receives a writ of withholding issued under this section may request a hearing in the manner provided by Section 8. (a-1) For purposes of this chapter, gross income: (A) 100 percent of all wage and salary income and other compensation for personal services (including commissions, overtime pay, tips, and bonuses); (B) interest, dividends, and royalty income; (D) net rental income (defined as rent after deducting operating expenses and mortgage payments, but not including noncash items such as depreciation); and, (E) all other income actually being received, including severance pay, retirement benefits, pensions, trust income, annuities, capital gains, unemployment benefits, interest income from notes regardless of the source, gifts and prizes, maintenance, and alimony; and. Art. COMMUNITY OUTREACH. 219), Sec. The assets being managed by the guardian are exhausted; The guardian petitions the court to resign; or. Sept. 1, 2001. (1) identify the actions or failures to act by a recipient of public assistance that constitute noncooperation with the Title IV-D agency; (2) adopt rules governing noncompliance; and. 42A.408. 556, Sec. MOTION TO STAY ISSUANCE OF WRIT OF WITHHOLDING. Acts 2011, 82nd Leg., R.S., Ch. 600, Sec. CONTINGENCY FEES. Sec. April 2, 2015. (c) On the request of either party or on the court's own motion, the court may order the periodic review of its order for maintenance under Subsection (b). (b) A respondent may not join a proceeding described by Subsection (a) with a proceeding to adjudicate parentage brought under Chapter 159. (d) A judge who requires a defendant to participate in a commercially sexually exploited persons court program under Subsection (c) may suspend in whole or in part the imposition of the program fee described by Section 126.006, Government Code. Consistent with federal law, the Department of Family and Protective Services and the Health and Human Services Commission, in connection with the administration of this compact or a compact authorized by this compact, shall include the provision of adoption assistance and medical assistance for which the federal government pays some or all of the cost in any state plan made under the Adoption Assistance and Child Welfare Act of 1980 (Pub. Added by Acts 1997, 75th Leg., ch. (b) An employee or agent of the Department of State Health Services or of an authorized agency establishing or operating a registry under this subchapter is not liable to any person for obtaining or disclosing identifying information about a birth parent, adoptee, or biological sibling within the scope of this subchapter and under its provisions. (b) If the judge suspends the execution of the sentence or orders the execution of the sentence only in part as provided by Article 42A.551(d), the judge shall impose conditions of community supervision consistent with the recommendations contained in the presentence report prepared for the defendant under Subchapter F. (c) Except as otherwise provided by this subsection, a judge who places a defendant on community supervision for an offense listed in Article 42A.551(a) shall require the defendant to comply with substance abuse treatment conditions that are consistent with standards adopted by the Texas Board of Criminal Justice under Section 509.015, Government Code. Sec. 1.01, eff. Added by Acts 2001, 77th Leg., ch. Sec. January 1, 2019. Your child support order may include specific dates or events when child support may be terminated. The department shall provide the child's case record to the prospective adoptive parents on the request of the prospective adoptive parents. 767 (S.B. Ann. (a) After the period for rescission under Section 160.307 has expired, a signatory of an acknowledgment of paternity or denial of paternity may commence a proceeding to challenge the acknowledgment or denial only on the basis of fraud, duress, or material mistake of fact. Acts 2007, 80th Leg., R.S., Ch. A judge who grants community supervision to a sex offender evaluated under Article 42A.258 may require the sex offender as a condition of community supervision to submit to treatment, specialized supervision, or rehabilitation according to offense-specific standards of practice adopted by the Council on Sex Offender Treatment. (3) to the extent permitted by federal law, recover costs for the services provided in a Title IV-D case. Added by Acts 1995, 74th Leg., ch. 8, eff. The notice shall contain: (1) the name, date, and place of birth of the child; (2) the identity and address or addresses of the parents or legal guardian; (3) the name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child; (4) a full statement of the reasons for such proposed action and evidence of the authority pursuant to which the placement is proposed to be made. Acts 2021, 87th Leg., R.S., Ch. (c) The Title IV-D agency shall provide copies of all contracts entered into under this section to the Legislative Budget Board and the Governor's Office of Budget and Planning, along with a written justification of the need for each contract, within 60 days after the execution of the contract. 1, eff. (a) A judge may require as a condition of community supervision that the defendant work a specified number of hours at one or more community service projects for one or more organizations approved by the judge and designated by the department. A child born to parents who are not married to each other has the same rights under the law as a child born to parents who are married to each other. September 1, 2019. EDUCATIONAL SKILL LEVEL. The ward as well as other witnesses will have the opportunity to challenge or affirm the statements made in the petition for guardianship. If a petition requesting adoption is withdrawn or denied, the court may order the removal of the child from the proposed adoptive home if removal is in the child's best interest and may enter any order necessary for the welfare of the child. 1174), Sec. (b) An order under this section is not subject to interlocutory appeal. A judge who grants community supervision to a defendant charged with or convicted of an offense under Section 21.11 or 22.011(a)(2), Penal Code, may require the defendant to pay a fine in an amount not to exceed $50 to a children's advocacy center established under Subchapter E, Chapter 264, Family Code. (b) The obligor or obligee may file the notice of application for a writ of withholding in the court that ordered the spousal maintenance under Subchapter B. Sec. Sept. 1, 2001; Acts 2003, 78th Leg., ch. Sec. DEFINITION. 160.306. (2) resolving the debt in a manner acceptable to the Title IV-D agency. 62, Sec. Amended by Acts 1995, 74th Leg., ch. Sec. April 20, 1995. 2, eff. 42A.406. (b) If a request for genetic testing of a child is made before the birth of the child, the court or support enforcement agency may not order in utero testing. A hearing on the issue of consent shall be conducted by the court without a jury. REVIEW OF PRESENTENCE REPORT. 7, Sec. (4) "Supervision officer" means a person appointed or employed under Section 76.004, Government Code, to supervise defendants placed on community supervision. 20, Sec. Art. Art. 1221 (S.B. April 2, 2015. June 17, 2011. 162.206. (5) other provisions that are appropriate for the proper administration of the compact. Sec. If a copy of the order is not available at the time of filing, the petition must state that a copy of the order will be filed with the court before any hearing. A district clerk, a county child support registry or enforcement office, or a domestic relations office may not assess or collect fees for processing child support payments or for child support services from the Title IV-D agency, a managing conservator, or a possessory conservator in a Title IV-D case, except as provided by this subchapter. (17) Section 481.1123, Health and Safety Code (Manufacture or Delivery of Substance in Penalty Group 1-B), if the offense is punishable under Subsection (d), (e), or (f) of that section. (B) regarding the availability of paternity establishment and child support enforcement services. September 1, 2005. 2931), Sec. Sept. 1, 1995. 231.113. This chapter may be cited as the Uniform Parentage Act. (a) The court shall consider the defendant's ability to pay before ordering the defendant to make any payments under this chapter. (b) The department may provide the information required under Subsection (a) on any form or application provided to prospective adoptive parents. (b) A proceeding seeking to adjudicate the parentage of a child having a presumed father may be maintained at any time if the court determines that: (1) the presumed father and the mother of the child did not live together or engage in sexual intercourse with each other during the probable time of conception; or. Sec. (b) The department may provide services under this section directly or through contract. ADOPTION SOUGHT BY MILITARY SERVICE MEMBER. 4.006, eff. (a) A judge shall waive the educational requirement under Article 42A.403 or 42A.404 for a defendant who is required to receive treatment as a resident of a substance abuse treatment facility as a condition of community supervision if the defendant successfully completes education while the defendant is confined to the residential treatment facility. However, if it is necessary, a third party may also be appointed as the guardian. The Interstate Compact on Adoption and Medical Assistance is adopted by this state and entered into with all other jurisdictions joining in the compact in form substantially as provided under this subchapter. 1488), Sec. CONTINUING JURISDICTION IN MISDEMEANOR CASES. (2) directed by the judge for the effective supervision of the defendant. (a) Notwithstanding any other provision of this chapter or another law, this subchapter authorizes an agreement between a woman and the intended parents of a child in which the woman relinquishes all rights as a parent of a child conceived by means of assisted reproduction and that provides that the intended parents become the parents of the child. AUTHORIZED COURTS. The term includes a licensed child-placing agency or a previously licensed child-placing agency that has ceased operations and has transferred its adoption records to the vital statistics unit or an agency authorized by the department to place children for adoption and a licensed child-placing agency that has been acquired by, merged with, or otherwise succeeded by an agency authorized by the department to place children for adoption. For good cause shown, the court may waive the requirement that the obligee pay attorney's fees and court costs if the court states in its order the reasons supporting that finding. (a) A gestational agreement must be validated as provided by this section. Art. (c) The Title IV-D agency may directly pay a commercial transportation company or commercial lodging establishment for the expense of transportation or lodging of a custodian or witness. 160.632. January 1, 2020. The notice must include: (1) the information to be released, including the amount of the obligor's child support obligation and delinquency, if any, that will be reported; (2) the procedure available for the obligor to contest the accuracy of the information; and. 1488), Sec. (a) In addition to the civil remedies provided by this subchapter or any other remedy provided by law, an employer who knowingly violates this chapter by failing to withhold income for spousal maintenance or to remit withheld income in accordance with an order or writ of withholding issued under this chapter commits an offense. Acts 2021, 87th Leg., R.S., Ch. 42A.002. Added by Acts 1997, 75th Leg., ch. INSPECTION AND COMMENT BY DEFENDANT; ACCESS TO INFORMATION BY STATE. 3582), Sec. 42A.452. Sec. 228), Sec. STANDING TO MAINTAIN PROCEEDING. 972 (S.B. Art. Added by Acts 1995, 74th Leg., ch. 169 (H.B. (b) The court shall hold a hearing on the motion to stay not later than the 30th day after the date the motion was filed unless the obligor and obligee agree and waive the right to have the motion heard within 30 days. Added by Acts 1995, 74th Leg., ch. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein. 846, Sec. (a-2) The court may not order that income be withheld from the disposable earnings of the obligor to the extent that any provision of an agreed order for maintenance exceeds the amount of periodic support the court could have ordered under this chapter or for any period of maintenance beyond the period of maintenance the court could have ordered under this chapter. (d) The court may not assess fees, costs, or expenses against the support enforcement agency of this state or another state, except as provided by other law. (2) a capias is issued for the arrest of the defendant. (a) If the judge or jury places a defendant on community supervision, the judge shall require the defendant to demonstrate to the court whether the defendant has an educational skill level that is equal to or greater than the average educational skill level of students who have completed the sixth grade in public schools in this state. Sept. 1, 2001. (a) The court shall apply the rules stated in this section to adjudicate the paternity of a child. (b) The father-child relationship is established between a man and a child by: (1) an unrebutted presumption of the man's paternity of the child under Section 160.204; (2) an effective acknowledgment of paternity by the man under Subchapter D, unless the acknowledgment has been rescinded or successfully challenged; (3) an adjudication of the man's paternity; (4) the adoption of the child by the man; or. (a) Not later than the 30th day after the date of the first pay period after the date the obligor's employer receives a writ of withholding, the obligor may file an affidavit with the court stating that: (1) the obligor did not timely file a motion to stay because the obligor did not receive the notice of application for a writ of withholding; and, (1) file with the affidavit a motion to withdraw the writ of withholding; and. (c) The Title IV-D agency may contract with any county meeting technical system requirements necessary to comply with federal law for provision of Title IV-D services in that county. 1147), Sec. Sec. 162.111 by Acts 1995, 74th Leg., ch. (B) requires the defendant to remain under the care of a physician at the facility or in the program. Sec. 324 (S.B. 160.402. Added by Acts 1995, 74th Leg., ch. MONTHLY REIMBURSEMENT FEE. 42A.455. (c) If the court sustains an exception, the court shall provide the party filing the notice an opportunity to refile and shall continue the hearing to a specified date without requiring additional service. Venue for a proceeding to adjudicate parentage is in the county of this state in which: (2) the respondent resides or is found if the child does not reside in this state; or. 162.008. 914 (H.B. In this subchapter, "community corrections facility" has the meaning assigned by Section 509.001, Government Code. (c) Income withholding may not be interrupted until after the hearing at which the court renders an order denying or modifying withholding. 162.110 and amended by Acts 1995, 74th Leg., ch. (2) the defendant has been previously convicted of an offense for which the court made an affirmative finding under Article 42.014. Sec. On receipt of the notice from the supervision officer, the court shall conduct the review of the defendant's community supervision to determine if the defendant is eligible for a reduction or termination of community supervision under Article 42A.701, taking into account any time credits to which the defendant is entitled under this article in determining if the defendant has completed, as applicable: (1) the lesser of one-third of the original community supervision period or two years of community supervision; or. The court shall accept under this section a person's criminal history record information that is provided by the Department of Family and Protective Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained. Sept. 1, 1995. January 1, 2012. Sec. Sec. DISPOSITION OF SALARY. Art. Sept. 1, 1997. RULES FOR ACKNOWLEDGMENT AND DENIAL OF PATERNITY. 42A.307. PUBLIC IDENTIFICATION OF CERTAIN OBLIGORS. Amended by Acts 1995, 74th Leg., ch. Art. 13, eff. (a) Except as otherwise provided by Subsection (b), a man who desires to be notified of a proceeding for the adoption of or the termination of parental rights regarding a child that he may have fathered may register with the registry of paternity: (2) not later than the 31st day after the date of the birth of the child. 5, eff. Sept. 1, 1997. (3) any other factor specified by department rule. 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