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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 85(R)

House Bill 834

House Author:  Parker

Effective:  9-1-17

Senate Sponsor:  Birdwell


            House Bill 834 amends the Family Code and Penal Code to prohibit a parent, managing conservator, or guardian of an adopted child from transferring permanent physical custody of the child to any person who is not a relative or stepparent of the child or an adult who has a significant and long-standing relationship with the child, unless a petition requesting the custody transfer is approved by a court. The bill creates the third degree felony offense of unregulated transfer of an adopted child for a person who knowingly conducts, facilitates, or participates in an unregulated custody transfer of an adopted child. The bill enhances the penalty to a second degree felony if the actor commits the offense with intent to commit a trafficking of persons offense or certain public indecency offenses, excludes specified placements and voluntary deliveries from the application of such an offense, and expands the conduct that constitutes unlawful advertisement for the placement of a child. The bill requires a licensed child-placing agency to provide prospective adoptive parents with available support resources and available options if the adoptive parent is unable to care for the child.