By: Sparks  S.B. No. 2009
         (In the Senate - Filed March 9, 2023; March 21, 2023, read
  first time and referred to Committee on Health & Human Services;
  May 8, 2023, reported adversely, with favorable Committee
  Substitute by the following vote:  Yeas 7, Nays 0; May 8, 2023, sent
  to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 2009 By:  Sparks
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to access to certain information in the adoption process.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 162.005(b) and (c), Family Code, are
  amended to read as follows:
         (b)  Before placing a child for adoption, the Department of
  Family and Protective Services, a licensed child-placing agency, or
  the child's parent or guardian shall compile a report on the
  available health, social, educational, and genetic history of the
  child to be adopted and distribute the report as required by this
  chapter.
         (c)  The department shall ensure that each licensed
  child-placing agency, single source continuum contractor, or other
  person placing a child for adoption receives a copy of any portion
  of the report prepared by the department not later than the 30th day
  after the date the child's permanency plan is changed to include
  adoption.
         SECTION 2.  Section 162.0062, Family Code, is amended by
  amending Subsection (a) and adding Subsections (a-2) and (a-3) to
  read as follows:
         (a)  Except as provided by Subsection (c), the prospective
  adoptive parents of a child are entitled to examine the records and
  other information relating to the history of the child, including
  confidential information other than the identity of the biological
  parents and any other person whose identity is confidential. The
  Department of Family and Protective Services, licensed
  child-placing agency, or other person placing a child for adoption
  shall inform the prospective adoptive parents of their right to
  examine the records and other information relating to the history
  of the child. The department, licensed child-placing agency, or
  other person placing the child for adoption shall:
               (1)  redact each social security number from the
  records and information; and
               (2)  edit the records and information to protect the
  identity of the biological parents, any biological siblings adopted
  by a different family, the adoptive parents of those biological
  siblings, any person who made a report of abuse or neglect to the
  department or a law enforcement agency, and any [other] person
  whose identity is confidential under Section 262.308.
         (a-2)  A prospective adoptive parent must sign a
  nondisclosure agreement before the department, licensed
  child-placing agency, or other person placing the child for
  adoption may release confidential information under this section.
         (a-3)  The department, licensed child-placing agency, or
  other person placing the child for adoption shall provide the
  information under this section not later than the 90th day after the
  date the information is requested.
         SECTION 3.  This Act takes effect September 1, 2023.
 
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