pjc-family-2024-lib

T ERMINATION OF P ARENT -C HILD R ELATIONSHIP

PJC 218.1

Source. The list of rights and duties of a parent in the first paragraph of the instruction is based on Tex. Fam. Code §151.001. The definition of “clear and con vincing evidence” in the second paragraph is based on Tex. Fam. Code § 101.007. The “clear and convincing evidence” standard is specified in Tex. Fam. Code §161.206. Further, the standard is constitutionally required in all proceedings for involuntary ter mination of the parent-child relationship. Santosky v. Kramer , 455 U.S. 745 (1982); In re G.M. , 596 S.W.2d 846 (Tex. 1980). The list of factors to be considered in determin ing the best interest of the child is based on Holley v. Adams , 544 S.W.2d 367, 371–72 (Tex. 1976). The submissions in PJC 218.1B are based on Tex. Fam. Code § 161.001(b). When to use. The foregoing instructions and questions are for use if termination of the parent-child relationship is sought under the provisions of Tex. Fam. Code § 161.001. The instruction in PJC 218.1A should be used in all such cases. The ques tions in PJC 218.1B should be used (1) if there has been no prior order under Tex. Fam. Code §161.205 denying a petition to terminate the parent-child relationship of the parent or (2) if the evidence of grounds for termination relates only to conduct alleged to have occurred after the date the prior order denying termination was entered. If there has been such a prior order and evidence has been admitted relating to conduct alleged to have occurred before the date the order was entered, see PJC 218.3. Rewording if Code section 154.001(a–1) may apply. If the court determines that the circumstances of the case provide the possibility that Tex. Fam. Code § 154.001(a–1) may apply, the phrase “and except that the court may order the parent, if financially able, to pay child support after the termination” should be added to the third sentence of the first paragraph of PJC 218.1A. Rewording for appropriate grounds under Code section 161.001. In PJC 218.1B, the grounds listed—for example, failed to support CHILD A in accordance with PARENT A’s ability during the period between DATE and DATE , based on Tex. Fam. Code § 161.001(b)(1)(F)—are included only as examples. Those items should be replaced by the appropriate ground or grounds for termination in Tex. Fam. Code §161.001(b). See the comment entitled “Selecting and wording relevant grounds for termination” below. If only one ground for termination is in issue in a question, that question may be structured as follows:

QUESTION 1

Do you find by clear and convincing evidence that PARENT A failed to support CHILD A in accordance with PARENT A’s ability during the period between DATE and DATE ?

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