pjc-family-2024-lib

D EFINITIONS AND I NSTRUCTIONS —SAPCR

PJC 215.3

PJC 215.3

Evidence of Abuse or Neglect—Joint Managing Conservatorship

A person may not be appointed a joint managing conservator if that person has a history or pattern of past or present child neglect or of physical or sexual abuse directed against a parent, a spouse, or a child , including [set out conduct constituting a sexual assault in violation of the relevant Penal Code section] that results in the other parent’s becoming pregnant with the child . COMMENT Source. The foregoing instruction is based on Tex. Fam. Code § 153.004(b). When to use. The foregoing instruction should be used if two conditions are pres ent: (1) a jury question is submitted wherein it is possible that the jury could answer that joint managing conservatorship would be in the best interest of the child, and (2) credible evidence is admitted that one of the possible joint managing conservators has a history or pattern of past or present child neglect or physical or sexual abuse directed against a parent, a spouse, or a child. Sexual assault. The italicized language concerning a sexual assault should be included only if credible evidence of such an offense is admitted. The bracketed state ment should be replaced with the conduct in which the parent is alleged to have engaged that constitutes an offense—the criminal offenses of sexual assault and aggra vated sexual assault—contained in Tex. Penal Code § 22.011 or 22.021 that is relevant in the particular case. Depending on the particular offenses that are relevant in the case, instructions regarding intention and knowledge may be needed, and additional instructions or definitions may be required.

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