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A BILL TO BE ENTITLED
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AN ACT
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relating to access to certain information in the adoption process |
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and information in certain investigations conducted by the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 162.005(b) and (c), Family Code, are |
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amended to read as follows: |
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(b) Before placing a child for adoption, the Department of |
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Family and Protective Services, a licensed child-placing agency, or |
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the child's parent or guardian shall compile a report on the |
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available health, social, educational, and genetic history of the |
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child to be adopted and distribute the report as required by this |
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chapter. |
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(c) The department shall ensure that each licensed |
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child-placing agency, single source continuum contractor, or other |
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person placing a child for adoption receives a copy of any portion |
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of the report prepared by the department not later than the 30th day |
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after the date the child's permanency plan is changed to include |
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adoption. |
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SECTION 2. Section 162.0062, Family Code, is amended by |
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amending Subsection (a) and adding Subsections (a-2) and (a-3) to |
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read as follows: |
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(a) Except as provided by Subsection (c), the prospective |
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adoptive parents of a child are entitled to examine the records and |
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other information relating to the history of the child including |
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confidential information other than the identity of the biological |
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parents and any other person whose identity is confidential. The |
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Department of Family and Protective Services, licensed |
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child-placing agency, or other person placing a child for adoption |
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shall inform the prospective adoptive parents of their right to |
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examine the records and other information relating to the history |
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of the child. The department, licensed child-placing agency, or |
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other person placing the child for adoption shall edit the records |
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and information to protect the identity of the biological parents |
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and any other person whose identity is confidential. |
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(a-2) The department, licensed child-placing agency, or |
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other person placing the child for adoption may require a |
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prospective adoptive parent to sign a confidentiality agreement |
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before releasing confidential information under this section. |
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(a-3) The department, licensed child-placing agency, or |
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other person placing the child for adoption shall provide the |
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information under this section not later than the 90th day after the |
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date the information is requested. |
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SECTION 3. Subchapter A, Chapter 40, Human Resources Code, |
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is amended by adding Section 40.0051 to read as follows: |
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Sec. 40.0051. CONFIDENTIAL INVESTIGATION INFORMATION. The |
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department shall, not later than the 90th day after a request is |
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made for information, produce all requested information related to |
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any investigation conducted by the department. |
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SECTION 4. This Act takes effect September 1, 2023. |