By: Moncrief S.B. No. 19
A BILL TO BE ENTITLED
AN ACT
1-1 relating to suits affecting the parent-child relationship,
1-2 including the regulation of adoption procedures; creating offenses
1-3 and providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 11.12, Family Code, as
1-6 amended by Chapter 371 and Chapter 1004, Acts of the 71st
1-7 Legislature, Regular Session, 1989, is amended to read as follows:
1-8 (b) The social study may <shall> be made by any state
1-9 agency, including the <Texas> Department of Protective and
1-10 Regulatory <Human> Services or any person appointed by the court.
1-11 The court shall <may> appoint an investigator to conduct the social
1-12 study required by this section who has the qualifications
1-13 established by the rules of the <Texas> Department of Protective
1-14 and Regulatory <Human> Services providing minimum qualifications
1-15 for persons who may conduct social studies. If the <Texas>
1-16 Department of Protective and Regulatory <Human> Services, or
1-17 another governmental agency, is appointed, the person who conducts
1-18 the investigation and makes the report must also have those
1-19 qualifications. A study made under this section shall comply with
1-20 the rules of the <Texas> Department of Protective and Regulatory
1-21 <Human> Services establishing minimum standards, guidelines, and
1-22 procedures for social studies <or the criteria established by the
1-23 court>. A study made under this section must also comply with the
1-24 minimum standards for child-placing agencies established by the
2-1 Department of Protective and Regulatory Services regardless of
2-2 whether the study is made by a child-placing agency or a person who
2-3 is not associated with a child-placing agency. This social study
2-4 shall contain any history of physical, sexual, or emotional abuse
2-5 suffered by the child. In a suit in which adoption is sought or
2-6 possession of or access to the child is an issue and in which the
2-7 <Texas> Department of Protective and Regulatory <Human> Services is
2-8 not a party or has no interest, the court shall appoint a private
2-9 agency or person to conduct the social study. In all adoptions a
2-10 copy of the social study shall be made available to the prospective
2-11 adoptive parents prior to a final decree of adoption. In a suit in
2-12 which a social study is ordered and in which the <Texas> Department
2-13 of Protective and Regulatory <Human> Services is not a party or has
2-14 no interest, the court may not appoint the department to conduct
2-15 the social study.
2-16 SECTION 2. Section 15.03, Family Code, is amended to read as
2-17 follows:
2-18 Sec. 15.03. AFFIDAVIT OF RELINQUISHMENT OF PARENTAL RIGHTS.
2-19 (a) An affidavit for voluntary relinquishment of parental rights
2-20 must be signed after the birth of the child by the parent, whether
2-21 or not a minor, whose parental rights are to be relinquished,
2-22 witnessed by two credible persons, and verified before any person
2-23 authorized to take oaths. An affidavit for voluntary
2-24 relinquishment of parental rights for adoption shall not be signed
2-25 by the parent sooner than 48 hours after the birth of the child.
2-26 An affidavit for voluntary relinquishment of parental rights
2-27 designating as the managing conservator the Department of
3-1 Protective and Regulatory Services or an agency licensed or
3-2 certified by the department to place children for adoption may be
3-3 signed sooner than 48 hours after the birth of the child if the
3-4 affidavit contains a waiver of the right to the 48-hour waiting
3-5 period and a statement of the parent's reason for waiving the right
3-6 to the preferred 48-hour waiting period, but under no circumstances
3-7 may the affidavit be signed sooner than 24 hours after the birth of
3-8 the child.
3-9 (b) The affidavit must contain:
3-10 (1) the name, address, and age of the parent whose
3-11 parental rights are being relinquished;
3-12 (2) the name, age, and birthdate of the child;
3-13 (3) the names and addresses of the guardians of the
3-14 person and estate of the child, if any;
3-15 (4) a statement that the affiant is or is not
3-16 presently obligated by court order to make payments for the support
3-17 of the child;
3-18 (5) a full description and statement of value of all
3-19 property owned or possessed by the child;
3-20 (6) allegations that termination of the parent-child
3-21 relationship is in the best interest of the child;
3-22 (7) one of the following, as applicable:
3-23 (A) the name and address of the other parent;
3-24 (B) a statement that the parental rights of the
3-25 other parent have been terminated by death or court order; or
3-26 (C) a statement that the child has no presumed
3-27 father and that an affidavit of status of child has been executed
4-1 as provided by Section 15.04 of this code;
4-2 (8) a statement that the parent has been informed of
4-3 his parental rights, powers, duties, and privileges; <and>
4-4 (9) a statement that the relinquishment is revocable,
4-5 or that the relinquishment is irrevocable, or that the
4-6 relinquishment is irrevocable for a stated period of time;
4-7 (10) a statement that the affiant has been advised of
4-8 the existence of the central registry as defined by Section 49.002,
4-9 Human Resources Code;
4-10 (11) a statement that the affiant has been advised of
4-11 the right to register with the central registry under Chapter 49,
4-12 Human Resources Code, or any adoption registry operated by an
4-13 agency authorized by the Department of Protective and Regulatory
4-14 Services to place children for adoption; and
4-15 (12) a statement that the affiant is aware of the
4-16 right to wait at least 48 hours after the birth of the child prior
4-17 to signing the affidavit of voluntary relinquishment of parental
4-18 rights.
4-19 (c) The affidavit may contain:
4-20 (1) a designation of any qualified person, the <Texas>
4-21 Department of Protective and Regulatory <Human> Services, or any
4-22 authorized agency as managing conservator of the child;
4-23 (2) a waiver of process in a suit to terminate the
4-24 parent-child relationship brought under Section 15.02(1)(K) of this
4-25 code, or in a suit to terminate joined with a petition for adoption
4-26 under Section 16.03(b) of this code; and
4-27 (3) a consent to the placement of the child for
5-1 adoption by the <Texas> Department of Protective and Regulatory
5-2 <Human> Services or by an agency authorized by the department
5-3 <Texas Department of Human Services> to place children for
5-4 adoption.
5-5 (d) An affidavit of relinquishment of parental rights which
5-6 designates as the managing conservator of the child the <Texas>
5-7 Department of Protective and Regulatory <Human> Services or an
5-8 agency authorized by the department <Texas Department of Human
5-9 Services> to place children for adoption is irrevocable. Any other
5-10 affidavit of relinquishment is revocable unless it expressly
5-11 provides that it is irrevocable for a stated period of time not to
5-12 exceed 60 days after the date of its execution.
5-13 SECTION 3. Chapter 15, Family Code, is amended by adding
5-14 Section 15.042 to read as follows:
5-15 Sec. 15.042. SOCIAL STUDY REQUIRED FOR PENDING ADOPTION.
5-16 (a) Except as provided by Subsection (c) of this section, a court
5-17 may not terminate the parent-child relationship between a child and
5-18 a parent of the child or appoint a managing conservator of a child
5-19 under this chapter unless the court receives a social study
5-20 concerning the person who may adopt the child.
5-21 (b) The social study referred to in Subsection (a) of this
5-22 section must be received by the court prior to appointing the
5-23 managing conservator and prior to the child physically residing
5-24 with the managing conservator or a person seeking to adopt a child.
5-25 (c) This section does not apply to a proceeding in which the
5-26 court appoints the parent of the child; the child's stepparent,
5-27 grandparent, aunt, or uncle by birth, marriage, or prior adoption;
6-1 an authorized agency; or the Department of Protective and
6-2 Regulatory Services as the managing conservator of a child.
6-3 SECTION 4. Section 16.031, Family Code, is amended to read
6-4 as follows:
6-5 Sec. 16.031. Social Study<: Time for Hearing>. (a) In a
6-6 suit affecting the parent-child relationship in which an adoption
6-7 is sought, the court shall order the making of a social study as
6-8 provided in Section 11.12 of this code <and shall set a date for
6-9 its filing>.
6-10 (b) Unless the petitioner has received the child for
6-11 adoption from an authorized agency or the Department of Protective
6-12 and Regulatory Services, a petitioner may not be appointed as a
6-13 managing conservator of a child or receive a child to reside in a
6-14 home for adoption until a social study has been received by the
6-15 court as required by Section 15.042 of this code.
6-16 (c) The report of a social study made under this section
6-17 must include the results of an investigation of the criminal
6-18 history information record under Section 22.006, Human Resources
6-19 Code, requested by the person or agency conducting the social study
6-20 for each petitioner seeking to adopt the child and each adult who
6-21 resides in the home in which the child may be placed. <The court
6-22 shall set the date for the hearing on the adoption at a time not
6-23 later than 60 days, nor earlier than 40 days, after the date on
6-24 which the investigator is appointed. For good cause shown, the
6-25 court may set the hearing at any time that provides adequate time
6-26 for filing the report of the study.>
6-27 SECTION 5. Subchapter A, Chapter 16, Family Code, is amended
7-1 by adding Section 16.033 to read as follows:
7-2 Sec. 16.033. ILLEGAL CHILD PLACEMENT ACTIVITY. (a) A
7-3 person commits an offense if the person plans for the adoptive
7-4 placement of a child or places a child for adoption unless the
7-5 person is a parent or guardian of the child or a licensed
7-6 child-placing agency.
7-7 (b) An offense under this section is a Class A misdemeanor,
7-8 unless the person has been convicted previously under this section,
7-9 in which event the offense is a felony of the third degree.
7-10 (c) In this section, "child-placing agency" has the meaning
7-11 assigned to that term by Section 42.002(12), Human Resources Code.
7-12 SECTION 6. Subsections (a) and (i), Section 22.006, Human
7-13 Resources Code, are amended to read as follows:
7-14 (a) The department is entitled to obtain criminal history
7-15 information records maintained by the Department of Public Safety,
7-16 the Federal Bureau of Investigation identification division, or
7-17 another law enforcement agency to investigate:
7-18 (1) owners and employees of, and applicants for
7-19 employment at, a child-care facility licensed, registered, or
7-20 certified or applying for a license, registration, or certification
7-21 under Chapter 42 of this code;
7-22 (2) residents of a registered family home, excluding
7-23 children in the home's care and the parents of the children;
7-24 (3) a person providing or applying to provide adoptive
7-25 or foster care for children in the care of the department;
7-26 (4) a department employee who is engaged in the direct
7-27 delivery of protective services to children on the date the
8-1 department implements this section;
8-2 (5) a person applying for a position with the
8-3 department, the duties of which include direct delivery of
8-4 protective services to children;
8-5 (6) a volunteer or person applying as a volunteer with
8-6 a local affiliate in this state of Big Brothers/Big Sisters of
8-7 America or of a program known as "I Have a Dream/Houston";
8-8 (7) a person employed by a business entity which
8-9 provides in-home respite care of children with temporary illnesses;
8-10 (8) a person employed by a home health agency; <or>
8-11 (9) a volunteer or person applying as a volunteer with
8-12 an organization which provides court-appointed special advocates
8-13 for abused or neglected children; or
8-14 (10) a person seeking to adopt a child and each adult
8-15 who resides in the home in which the child may be placed for the
8-16 purposes of a social study ordered under Section 16.031, Family
8-17 Code, provided that, if the applicant or any adult living in the
8-18 applicant's home has resided in this state for less than five
8-19 years, that person must provide the criminal history information
8-20 record from the state or states of residence for the previous 10
8-21 years.
8-22 (i) The department may charge a reasonable fee sufficient to
8-23 recover the costs of obtaining criminal history information records
8-24 authorized by Subsection (a)(7), <or> (a)(8), or (a)(10) of this
8-25 section.
8-26 SECTION 7. Subsection (a), Section 25.11, Penal Code, is
8-27 amended to read as follows:
9-1 (a) A person commits an offense if he:
9-2 (1) possesses a child or has the custody,
9-3 conservatorship, or guardianship of a child, whether or not he has
9-4 actual possession of the child, and he offers to accept, agrees to
9-5 accept, or accepts a thing of value for the delivery of the child
9-6 to another or for the possession of the child by another for
9-7 purposes of adoption; <or>
9-8 (2) offers to give, agrees to give, or gives a thing
9-9 of value to another for acquiring or maintaining the possession of
9-10 a child for the purpose of adoption; or
9-11 (3) exchanges or offers or agrees to exchange a thing
9-12 of value for the referral of a person who may wish to relinquish a
9-13 child for the purpose of adoption.
9-14 SECTION 8. Chapter 25, Penal Code, is amended by adding
9-15 Section 25.12 to read as follows:
9-16 Sec. 25.12. ADVERTISING FOR PLACEMENT OF A MINOR. (a) A
9-17 person commits an offense if the person:
9-18 (1) advertises in the public media that the person
9-19 will place a minor for adoption or will accept, provide, or obtain
9-20 a minor for adoption; or
9-21 (2) causes an advertisement to be published in the
9-22 public media that solicits or requests a minor for adoption.
9-23 (b) This section does not apply to a licensed child-placing
9-24 agency identified in the advertisement as such.
9-25 (c) An offense under this section is a Class A misdemeanor
9-26 unless the person has been convicted previously under this section,
9-27 in which event the offense is a felony of the third degree.
10-1 SECTION 9. Sections 1, 3, and 4 of this Act apply only to a
10-2 suit affecting the parent-child relationship in which a hearing on
10-3 the merits has not been held before the effective date of this Act,
10-4 without regard to whether the suit is filed before, on, or after
10-5 the effective date of this Act.
10-6 SECTION 10. This Act takes effect September 1, 1993.
10-7 SECTION 11. The importance of this legislation and the
10-8 crowded condition of the calendars in both houses create an
10-9 emergency and an imperative public necessity that the
10-10 constitutional rule requiring bills to be read on three several
10-11 days in each house be suspended, and this rule is hereby suspended.