SB 425 Modifies provisions relating to adoption and parental rights
Sponsor: Libla
LR Number: 1925S.02I Fiscal Notes
Committee: Seniors, Families and Children
Last Action: 3/17/2015 - Hearing Conducted S Seniors, Families and Children Committee Journal Page:
Title: Calendar Position:
Effective Date: August 28, 2015

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Current Bill Summary

SB 425 - This act modifies various provisions relating to adoption and parental rights.

REASONABLE EFFORTS (Section 211.183)

This act amends the current law regarding the Division of Family Services' discretion to make reasonable efforts for the reunification of a child with a parent to include whether the parent is unfit due to alcohol or controlled substance dependency. The act lists other factors a court may consider under such circumstances.

This provision is identical to a provision in SCS/SB 530 (2014).

DEFINITION OF PARENT (Section 211.442)

This act modifies the definition of "parent" under the juvenile court provisions to mean: a biological parent or parents who have a parent and child relationship; the presumed father of a child; the acknowledged father when establishing parentage of children born to both married and unmarried couples; the adjudicated parent; a parent or parents of a child by adoption; and the putative father of a child who has before the birth or within 15 days of the birth of the child (1) established a consistent and substantial relationship with the child including providing prenatal financial support and (2) filed a parentage action and properly served notice upon the mother.

This provision is similar to a provision in SB 990 (2014).


This act adds court appointed guardian ad litems to the list of persons who may petition the court for the termination of parental rights. The court may also consider a consent to adoption or waiver of consent to adoption by a parent if the court finds that it is in the best interests of the child and the parent has properly executed the consent or waiver in writing.

This provision is similar to provisions in HB 1994 (2012), HCS/HB 252 (2013), and SB 990 (2014).


Under this act, a man whose consent to adoption is waived or not required still preserves his rights to intervene in an action for termination of parental rights, an adoption action or a paternity action even after a petition for either adoption or termination of parental rights has been filed with the court, if he can prove that he has previously developed a consistent and substantial relationship with the child commensurate with his means and abilities. The act lists methods of proof including evidence of providing his share of consistent prenatal financial support and consistent prenatal and natal medical care for the mother and baby and consistent contact and visitation with the child.

This provision is similar to a provision in SB 990 (2014).