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AN ACT
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relating to a waiver of the requirement for the performance of an |
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adoption evaluation in certain suits for adoption. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 107.153, Family Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (a-1) to |
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read as follows: |
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(a) Except as provided by Subsection (a-1), the [The] court |
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shall order the performance of an adoption evaluation to evaluate |
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each party who requests termination of the parent-child |
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relationship or an adoption in a suit for: |
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(1) termination of the parent-child relationship in |
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which a person other than a parent may be appointed managing |
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conservator of a child; or |
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(2) an adoption. |
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(a-1) In a suit for adoption that is uncontested, the court |
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may waive the requirement under Subsection (a) for the performance |
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of an adoption evaluation of the prospective adoptive parent if: |
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(1) the prospective adoptive parent is a stepparent of |
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the child; and |
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(2) the court has reviewed investigative records of |
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the department and any criminal history record information |
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maintained by the Department of Public Safety relating to the |
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prospective adoptive parent. |
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(e) The costs of conducting an adoption evaluation required |
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under Subsection (a) or reviewing investigative records of the |
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department and criminal history record information maintained by |
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the Department of Public Safety under Subsection (a-1), as |
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applicable, [this section] shall be paid by the prospective |
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adoptive parent. |
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SECTION 2. Section 162.003, Family Code, is amended to read |
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as follows: |
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Sec. 162.003. ADOPTION EVALUATION. In a suit for adoption, |
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an adoption evaluation must be conducted as provided in Chapter |
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107, unless the court waives the requirement for the performance of |
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an adoption evaluation under Section 107.153(a-1). |
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SECTION 3. The change in law made by this Act applies only |
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to a suit for adoption that is pending in trial court on the |
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effective date of this Act or filed on or after the effective date |
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of this Act. |
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SECTION 4. This Act takes effect September 1, 2023. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 461 was passed by the House on May 6, |
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2023, by the following vote: Yeas 133, Nays 1, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 461 was passed by the Senate on May |
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24, 2023, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |