1-1 By: Puente (Senate Sponsor - Wentworth) H.B. No. 1639
1-2 (In the Senate - Received from the House May 17, 1993;
1-3 May 18, 1993, read first time and referred to Committee on
1-4 Jurisprudence; May 25, 1993, reported favorably, as amended, by the
1-5 following vote: Yeas 4, Nays 0; May 25, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Henderson x
1-9 Harris of Tarrant x
1-10 Brown x
1-11 Harris of Dallas x
1-12 Luna x
1-13 Parker x
1-14 West x
1-15 COMMITTEE AMENDMENT NO. 1 By: Parker
1-16 Amend H.B. No. 1639 as follows:
1-17 1. Add the following sections:
1-18 SECTION 4. Subsection (b), Section 11.12, Family Code, as
1-19 amended by Chapter 371 and Chapter 1004, Acts of the 71st
1-20 Legislature, Regular Session, 1989, is amended to read as follows:
1-21 (b) The social study may <shall> be made by any state
1-22 agency, including the <Texas> Department of Protective and
1-23 Regulatory <Human> Services or any person appointed by the court.
1-24 The court shall <may> appoint an investigator to conduct the social
1-25 study required by this section who has the qualifications
1-26 established by the rules of the <Texas> Department of Protective
1-27 and Regulatory <Human> Services providing minimum qualifications
1-28 for persons who may conduct social studies. If the <Texas>
1-29 Department of Protective and Regulatory <Human> Services, or
1-30 another governmental agency, is appointed, the person who conducts
1-31 the investigation and makes the report must also have those
1-32 qualifications. A study made under this section shall comply with
1-33 the rules of the <Texas> Department of Protective and Regulatory
1-34 <Human> Services establishing minimum standards, guidelines, and
1-35 procedures for social studies <or the criteria established by the
1-36 court>. A study made under this section must also comply with the
1-37 minimum standards for child-placing agencies established by the
1-38 Department of Protective and Regulatory Services regardless of
1-39 whether the study is made by a child-placing agency or a person who
1-40 is not associated with a child-placing agency. This social study
1-41 shall contain any history of physical, sexual, or emotional abuse
1-42 suffered by the child. In a suit in which adoption is sought or
1-43 possession of or access to the child is an issue and in which the
1-44 <Texas> Department of Protective and Regulatory <Human> Services is
1-45 not a party or has no interest, the court shall appoint a private
1-46 agency or person to conduct the social study. In all adoptions a
1-47 copy of the social study shall be made available to the prospective
1-48 adoptive parents prior to a final decree of adoption. In a suit in
1-49 which a social study is ordered and in which the <Texas> Department
1-50 of Protective and Regulatory <Human> Services is not a party or has
1-51 no interest, the court may not appoint the department to conduct
1-52 the social study.
1-53 SECTION 5. Section 15.03, Family Code, is amended to read as
1-54 follows:
1-55 Sec. 15.03. Affidavit of Relinquishment of Parental Rights.
1-56 (a) An affidavit for voluntary relinquishment of parental rights
1-57 must be signed after the birth of the child by the parent, whether
1-58 or not a minor, whose parental rights are to be relinquished,
1-59 witnessed by two credible persons, and verified before any person
1-60 authorized to take oaths. An affidavit for voluntary
1-61 relinquishment of parental rights for adoption shall not be signed
1-62 by the parent sooner than 48 hours after the birth of the child.
1-63 An affidavit for voluntary relinquishment of parental rights
1-64 designating as the managing conservator the Department of
1-65 Protective and Regulatory Services or an agency licensed or
1-66 certified by the department to place children for adoption may be
1-67 signed sooner than 48 hours after the birth of the child if the
1-68 affidavit contains a waiver of the right to the 48-hour waiting
2-1 period and a statement of the parent's reason for waiving the right
2-2 to the preferred 48-hour waiting period, but under no circumstances
2-3 may the affidavit be signed sooner than 24 hours after the birth of
2-4 the child.
2-5 (b) The affidavit must contain:
2-6 (1) the name, address, and age of the parent whose
2-7 parental rights are being relinquished;
2-8 (2) the name, age, and birthdate of the child;
2-9 (3) the names and addresses of the guardians of the
2-10 person and estate of the child, if any;
2-11 (4) a statement that the affiant is or is not
2-12 presently obligated by court order to make payments for the support
2-13 of the child;
2-14 (5) a full description and statement of value of all
2-15 property owned or possessed by the child;
2-16 (6) allegations that termination of the parent-child
2-17 relationship is in the best interest of the child;
2-18 (7) one of the following, as applicable:
2-19 (A) the name and address of the other parent;
2-20 (B) a statement that the parental rights of the
2-21 other parent have been terminated by death or court order; or
2-22 (C) a statement that the child has no presumed
2-23 father and that an affidavit of status of child has been executed
2-24 as provided by Section 15.04 of this code;
2-25 (8) a statement that the parent has been informed of
2-26 his parental rights, powers, duties, and privileges; <and>
2-27 (9) a statement that the relinquishment is revocable,
2-28 or that the relinquishment is irrevocable, or that the
2-29 relinquishment is irrevocable for a stated period of time;
2-30 (10) a statement that the affiant has been advised of
2-31 the existence of the central registry as defined by Section 49.002,
2-32 Human Resources Code;
2-33 (11) a statement that the affiant has been advised of
2-34 the right to register with the central registry under Chapter 49,
2-35 Human Resources Code, or any adoption registry operated by an
2-36 agency authorized by the Department of Protective and Regulatory
2-37 Services to place children for adoption; and
2-38 (12) a statement that the affiant is aware of the
2-39 right to wait at least 48 hours after the birth of the child prior
2-40 to signing the affidavit of voluntary relinquishment of parental
2-41 rights.
2-42 (c) The affidavit may contain:
2-43 (1) a designation of any qualified person, the <Texas>
2-44 Department of Protective and Regulatory <Human> Services, or any
2-45 authorized agency as managing conservator of the child;
2-46 (2) a waiver of process in a suit to terminate the
2-47 parent-child relationship brought under Section 15.02(1)(K) of this
2-48 code, or in a suit to terminate joined with a petition for adoption
2-49 under Section 16.03(b) of this code; and
2-50 (3) a consent to the placement of the child for
2-51 adoption by the <Texas> Department of Protective and Regulatory
2-52 <Human> Services or by an agency authorized by the department
2-53 <Texas Department of Human Services> to place children for
2-54 adoption.
2-55 (d) An affidavit of relinquishment of parental rights which
2-56 designates as the managing conservator of the child the <Texas>
2-57 Department of Protective and Regulatory <Human> Services or an
2-58 agency authorized by the department <Texas Department of Human
2-59 Services> to place children for adoption is irrevocable. Any other
2-60 affidavit of relinquishment is revocable unless it expressly
2-61 provides that it is irrevocable for a stated period of time not to
2-62 exceed 60 days after the date of its execution.
2-63 SECTION 6. Chapter 15, Family Code, is amended by adding
2-64 Section 15.042 to read as follows:
2-65 Sec. 15.042. SOCIAL STUDY REQUIRED FOR PENDING ADOPTION.
2-66 (a) Except as provided by Subsection (c) of this section, a court
2-67 may not terminate the parent-child relationship between a child and
2-68 a parent of the child or appoint a managing conservator of a child
2-69 under this chapter unless the court receives a social study
2-70 concerning the person who may adopt the child.
3-1 (b) The social study referred to in Subsection (a) of this
3-2 section must be received by the court prior to appointing the
3-3 managing conservator and prior to the child physically residing
3-4 with the managing conservator or a person seeking to adopt a child.
3-5 (c) This section does not apply to a proceeding in which the
3-6 court appoints the parent or step-parent of the child, the child's
3-7 adult sibling, a grandparent or great-grandparent, aunt or uncle by
3-8 birth, marriage, or prior adoption; an authorized agency; or the
3-9 Department of Protective and Regulatory Services as the managing
3-10 conservator of a child.
3-11 SECTION 7. Section 16.031, Family Code, is amended to read
3-12 as follows:
3-13 Sec. 16.031. SOCIAL STUDY<: Time for Hearing>. (a) In a
3-14 suit affecting the parent-child relationship in which an adoption
3-15 is sought, the court shall order the making of a social study as
3-16 provided in Section 11.12 of this code unless the court has
3-17 received a social study of the prospective adoptive parent or
3-18 parents in conformance with Section 15.042 of this code within one
3-19 year prior to the final hearing on the adoption <and shall set a
3-20 date for its filing>.
3-21 (b) Unless the petitioner has received the child for
3-22 adoption from an authorized agency or the Department of Protective
3-23 and Regulatory Services, a petitioner may not be appointed as a
3-24 managing conservator of a child or receive a child to reside in a
3-25 home for adoption until a social study has been received by the
3-26 court as required by Section 15.042 of this code.
3-27 (c) The report of a social study made under this section
3-28 must include the results of an investigation of the criminal
3-29 history information record under Section 22.006, Human Resources
3-30 Code, requested by the person or agency conducting the social study
3-31 for each petitioner seeking to adopt the child and each adult who
3-32 resides in the home in which the child may be placed. <The court
3-33 shall set the date for the hearing on the adoption at a time not
3-34 later than 60 days, nor earlier than 40 days, after the date on
3-35 which the investigator is appointed. For good cause shown, the
3-36 court may set the hearing at any time that provides adequate time
3-37 for filing the report of the study.>
3-38 SECTION 8. Subchapter A, Chapter 16, Family Code, is amended
3-39 by adding Section 16.033 to read as follows:
3-40 Sec. 16.033. ILLEGAL CHILD PLACEMENT ACTIVITY. (a) A
3-41 person commits an offense if the person plans for the adoptive
3-42 placement of a child or places a child for adoption unless the
3-43 person is a parent or guardian of the child or a licensed
3-44 child-placing agency.
3-45 (b) An offense under this section is a Class A misdemeanor,
3-46 unless the person has been convicted previously under this section,
3-47 in which event the offense is a felony of the third degree.
3-48 (c) In this section, "child-placing agency" has the meaning
3-49 assigned to that term by Section 42.002(12), Human Resources Code.
3-50 SECTION 9. Subsections (a) and (i), Section 22.006, Human
3-51 Resources Code, are amended to read as follows:
3-52 (a) The department is entitled to obtain criminal history
3-53 information records maintained by the Department of Public Safety,
3-54 the Federal Bureau of Investigation identification division, or
3-55 another law enforcement agency to investigate:
3-56 (1) owners and employees of, and applicants for
3-57 employment at, a child-care facility licensed, registered, or
3-58 certified or applying for a license, registration, or certification
3-59 under Chapter 42 of this code;
3-60 (2) residents of a registered family home, excluding
3-61 children in the home's care and the parents of the children;
3-62 (3) a person providing or applying to provide adoptive
3-63 or foster care for children in the care of the department;
3-64 (4) a department employee who is engaged in the direct
3-65 delivery of protective services to children on the date the
3-66 department implements this section;
3-67 (5) a person applying for a position with the
3-68 department, the duties of which include direct delivery of
3-69 protective services to children;
3-70 (6) a volunteer or person applying as a volunteer with
4-1 a local affiliate in this state of Big Brothers/Big Sisters of
4-2 America or of a program known as "I Have a Dream/Houston";
4-3 (7) a person employed by a business entity which
4-4 provides in-home respite care of children with temporary illnesses;
4-5 (8) a person employed by a home health agency; <or>
4-6 (9) a volunteer or person applying as a volunteer with
4-7 an organization which provides court-appointed special advocates
4-8 for abused or neglected children; or
4-9 (10) a person seeking to adopt a child and each adult
4-10 who resides in the home in which the child may be placed for the
4-11 purposes of a social study ordered under Section 16.031, Family
4-12 Code, provided that, if the applicant or any adult living in the
4-13 applicant's home has resided in this state for less than five
4-14 years, that person must authorize the department to obtaine the
4-15 criminal history record information from the state or states of the
4-16 person's residence for the previous 10 years.
4-17 (i) The department may charge a reasonable fee sufficient to
4-18 recover the costs of obtaining criminal history information records
4-19 authorized by Subsection (a)(7), <or> (a)(8), or (a)(10) of this
4-20 section.
4-21 SECTION 10. Subsection (a), Section 25.11, Penal Code, is
4-22 amended to read as follows:
4-23 (a) A person commits an offense if he:
4-24 (1) possesses a child or has the custody,
4-25 conservatorship, or guardianship of a child, whether or not he has
4-26 actual possession of the child, and he offers to accept, agrees to
4-27 accept, or accepts a thing of value for the delivery of the child
4-28 to another or for the possession of the child by another for
4-29 purposes of adoption; <or>
4-30 (2) offers to give, agrees to give, or gives a thing
4-31 of value to another for acquiring or maintaining the possession of
4-32 a child for the purpose of adoption; or
4-33 (3) exchanges or offers or agrees to exchange a thing
4-34 of value for the referral of a person who may wish to relinquish a
4-35 child for the purpose of adoption.
4-36 SECTION 11. Chapter 25, Penal Code, is amended by adding
4-37 Section 25.12 to read as follows:
4-38 Sec. 25.12. ADVERTISING FOR PLACEMENT OF A MINOR. (a) A
4-39 person commits an offense if the person:
4-40 (1) advertises in the public media that the person
4-41 will place a minor for adoption or will accept, provide, or obtain
4-42 a minor for adoption; or
4-43 (2) causes an advertisement to be published in the
4-44 public media that solicits or requests a minor for adoption.
4-45 (b) This section does not apply to a licensed child-placing
4-46 agency identified in the advertisement as such.
4-47 (c) An offense under this section is a Class A misdemeanor
4-48 unless the person has been convicted previously under this section,
4-49 in which event the offense is a felony of the third degree.
4-50 SECTION 12. Sections 4, 6, and 7 of this Act apply only to a
4-51 suit affecting the parent-child relationship in which a hearing on
4-52 the merits has not been held before the effective date of this Act,
4-53 without regard to whether the suit is filed before, on, or after
4-54 the effective date of this Act.
4-55 2. Renumber existing SECTION 4 as SECTION 13 and amend to
4-56 read as follows:
4-57 SECTION 13. Sections 1, 2, and 3 apply only to a petition to
4-58 terminate the parent-child relationship filed after a court order
4-59 or decree that denied a petition to terminate the parent-child
4-60 relationship if the court order or decree was entered on or after
4-61 September 1, 1993.
4-62 3. Add a SECTION 14 to read as follows:
4-63 SECTION 14. This Act takes effect September 1, 1993.
4-64 4. Renumber existing SECTION 5 as SECTION 15.
4-65 A BILL TO BE ENTITLED
4-66 AN ACT
4-67 relating to the termination of the parent-child relationship.
4-68 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
4-69 SECTION 1. Section 15.02, Family Code, is amended to read as
4-70 follows:
5-1 Sec. 15.02. Involuntary Termination of Parental Rights.
5-2 (a) Except as provided by Subsection (b) of this section, a <A>
5-3 petition requesting termination of the parent-child relationship
5-4 with respect to a parent who is not the petitioner may be granted
5-5 if the court finds that:
5-6 (1) the parent has:
5-7 (A) voluntarily left the child alone or in the
5-8 possession of another not the parent and expressed an intent not to
5-9 return; or
5-10 (B) voluntarily left the child alone or in the
5-11 possession of another not the parent without expressing an intent
5-12 to return, without providing for the adequate support of the child,
5-13 and remained away for a period of at least three months; or
5-14 (C) voluntarily left the child alone or in the
5-15 possession of another without providing adequate support of the
5-16 child and remained away for a period of at least six months; or
5-17 (D) knowingly placed or knowingly allowed the
5-18 child to remain in conditions or surroundings which endanger the
5-19 physical or emotional well-being of the child; or
5-20 (E) engaged in conduct or knowingly placed the
5-21 child with persons who engaged in conduct which endangers the
5-22 physical or emotional well-being of the child; or
5-23 (F) failed to support the child in accordance
5-24 with his ability during a period of one year ending within six
5-25 months of the date of the filing of the petition; or
5-26 (G) abandoned the child without identifying the
5-27 child or furnishing means of identification, and the child's
5-28 identity cannot be ascertained by the exercise of reasonable
5-29 diligence; or
5-30 (H) voluntarily, and with knowledge of the
5-31 pregnancy, abandoned the mother of the child beginning at a time
5-32 during her pregnancy with the child and continuing through the
5-33 birth, failed to provide adequate support or medical care for the
5-34 mother during the period of abandonment before the birth of the
5-35 child, and remained apart from the child or failed to support the
5-36 child since the birth; or
5-37 (I) contumaciously refused to submit to a
5-38 reasonable and lawful order of a court under Section 34.05 of this
5-39 code; or
5-40 (J) been the major cause of:
5-41 (i) the failure of the child to be
5-42 enrolled in school as required by the Texas Education Code; or
5-43 (ii) the child's absence from his home
5-44 without the consent of his parents or guardian for a substantial
5-45 length of time or without the intent to return; or
5-46 (K) executed before or after the suit is filed
5-47 an unrevoked or irrevocable affidavit of relinquishment of parental
5-48 rights as provided by Section 15.03 of this code; or
5-49 (L) been adjudicated to be criminally
5-50 responsible for the death or serious injury of another of his or
5-51 her children; or
5-52 (M) had his or her parent-child relationship
5-53 terminated with respect to another child based on a finding that
5-54 the parent's conduct was in violation of Paragraph (D) or (E) of
5-55 this subdivision; and in addition, the court further finds that
5-56 (2) termination is in the best interest of the child.
5-57 (b) A petition requesting termination of the parent-child
5-58 relationship with respect to a parent who is not the petitioner
5-59 that is filed after the court has entered an order or decree under
5-60 Section 15.05(c) of this code denying a petition to terminate the
5-61 parent-child relationship of that parent may be granted only as
5-62 provided by Section 15.025 of this code.
5-63 SECTION 2. Chapter 15, Family Code, is amended by adding
5-64 Section 15.025 to read as follows:
5-65 Sec. 15.025. TERMINATION OF PARENTAL RIGHTS AFTER DENIAL OF
5-66 PRIOR PETITION TO TERMINATE. (a) The court may grant a petition
5-67 to terminate the parent-child relationship of a parent who is not
5-68 the petitioner after an order or decree under Section 15.05(c) of
5-69 this code that denied a petition to terminate the parent-child
5-70 relationship of that parent has been entered only if:
6-1 (1) the petition under this section is filed after the
6-2 date the order or decree under Section 15.05(c) of this code is
6-3 entered; and
6-4 (2) the court makes a finding under Subsection (b) or
6-5 (c) of this section.
6-6 (b) The court may grant a petition to terminate under
6-7 Subsection (a) of this section if the court finds clear and
6-8 convincing evidence that:
6-9 (1) since the date the order or decree under Section
6-10 15.05(c) of this code was entered the parent committed an act
6-11 listed under Section 15.02(a)(1) of this code; and
6-12 (2) termination is in the best interest of the child.
6-13 (c) The court may grant a petition to terminate under
6-14 Subsection (a) of this section if the court finds clear and
6-15 convincing evidence that:
6-16 (1) the circumstances of the child, parent, sole
6-17 managing conservator, possessory conservator, or another party
6-18 affected by the order or decree under Section 15.05(c) of this code
6-19 have materially and substantially changed since the date that order
6-20 or decree was entered;
6-21 (2) the parent committed an act listed under Section
6-22 15.02(a)(1) of this code before the date the court's order or
6-23 decree under Section 15.05(c) was entered; and
6-24 (3) termination is in the best interest of the child.
6-25 (d) At the hearing on a petition under this section, the
6-26 court may consider evidence presented at a previous hearing on a
6-27 petition to terminate the parent-child relationship of the parent
6-28 with respect to the same child.
6-29 SECTION 3. Section 11.08, Family Code, is amended by adding
6-30 Subsection (e) to read as follows:
6-31 (e) A petition for the involuntary termination of the
6-32 parent-child relationship that alleges in the statutory language
6-33 each statutory ground for the termination relied on and that
6-34 alleges that the termination is in the best interest of the child
6-35 is sufficient without the necessity of specifying the underlying
6-36 facts.
6-37 SECTION 4. This Act takes effect September 1, 1993, and
6-38 applies only to a petition to terminate the parent-child
6-39 relationship filed after a court order or decree that denied a
6-40 petition to terminate the parent-child relationship if the court
6-41 order or decree was entered on or after that date.
6-42 SECTION 5. The importance of this legislation and the
6-43 crowded condition of the calendars in both houses create an
6-44 emergency and an imperative public necessity that the
6-45 constitutional rule requiring bills to be read on three several
6-46 days in each house be suspended, and this rule is hereby suspended.
6-47 * * * * *
6-48 Austin,
6-49 Texas
6-50 May 25, 1993
6-51 Hon. Bob Bullock
6-52 President of the Senate
6-53 Sir:
6-54 We, your Committee on Jurisprudence to which was referred H.B. No.
6-55 1639, have had the same under consideration, and I am instructed to
6-56 report it back to the Senate with the recommendation that it do
6-57 pass, as amended, and be printed.
6-58 Henderson,
6-59 Chairman
6-60 * * * * *
6-61 WITNESSES
6-62 FOR AGAINST ON
6-63 ___________________________________________________________________
6-64 Name: Michael E. Mery x
6-65 Representing: Atty Gen
6-66 City: Austin
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6-68 Name: Rita Powell x
6-69 Representing: Tx Assoc. of Licensed Service
6-70 City: Austin
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