AI-assisted research summary: A court may allow limited post-termination contact in a termination order if it is in the child’s best interest and the biological parent and the Department of Family and Protective Services agree.
Sec. 161.2061. TERMS REGARDING LIMITED POST-TERMINATION CONTACT. (a) If the court finds it to be in the best interest of the child, the court may provide in an order terminating the parent-child relationship that the biological parent who filed an affidavit of voluntary relinquishment of parental rights under Section 161.103 shall have limited post-termination contact with the child as provided by Subsection (b) on the agreement of the biological parent and the Department of Family and Protective Services. (b) The order of termination may include terms that allow the biological parent to: (1) receive specified information regarding the child; (2) provide written communications to the child; and (3) have limited access to the child. (c) The terms of an order of termination regarding limited post-termination contact may be enforced only if the party seeking enforcement pleads and proves that, before filing the motion for enforcement, the party attempted in good faith to resolve the disputed matters through mediation. (d) The terms of an order of termination under this section are not enforceable by contempt. (e) The terms of an order of termination regarding limited post-termination contact may not be modified. (f) An order under this section does not: (1) affect the finality of a termination order; or (2) grant standing to a parent whose parental rights have been terminated to file any action under this title other than a motion to enforce the terms regarding limited post-termination contact until the court renders a subsequent adoption order with respect to the child. Added by Acts 2003, 78th Leg., ch. 561, Sec. 2, eff. Sept. 1, 2003. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.087, eff. April 2, 2015.