73R11645 E
By Moncrief S.B. No. 19
Substitute the following for S.B. No. 19:
By Schechter C.S.S.B. No. 19
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to suits affecting the parent-child relationship,
1-3 including the regulation of adoption procedures; creating offenses
1-4 and providing penalties.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 11.12(b), Family Code, as amended by
1-7 Chapters 371 and 1004, Acts of the 71st Legislature, Regular
1-8 Session, 1989, is amended to read as follows:
1-9 (b) The social study may <shall> be made by any state
1-10 agency, including the <Texas> Department of Protective and
1-11 Regulatory <Human> Services or any person appointed by the court.
1-12 The court shall <may> appoint an investigator to conduct the social
1-13 study required by this section who has the qualifications
1-14 established by the rules of the <Texas> Department of Protective
1-15 and Regulatory <Human> Services providing minimum qualifications
1-16 for persons who may conduct social studies. If the <Texas>
1-17 Department of Protective and Regulatory <Human> Services, or
1-18 another governmental agency, is appointed, the person who conducts
1-19 the investigation and makes the report must also have those
1-20 qualifications. A study made under this section shall comply with
1-21 the rules of the <Texas> Department of Protective and Regulatory
1-22 <Human> Services establishing minimum standards, guidelines, and
1-23 procedures for social studies <or the criteria established by the
1-24 court>. A study made under this section must also comply with the
2-1 minimum standards for child-placing agencies established by the
2-2 Department of Protective and Regulatory Services regardless of
2-3 whether the study is made by a child-placing agency or a person who
2-4 is not associated with a child-placing agency. This social study
2-5 shall contain any history of physical, sexual, or emotional abuse
2-6 suffered by the child. <In a suit in which adoption is sought or
2-7 possession of or access to the child is an issue and in which the
2-8 Texas Department of Human Services is not a party or has no
2-9 interest, the court shall appoint a private agency or person to
2-10 conduct the social study. In all adoptions a copy of the social
2-11 study shall be made available to the prospective adoptive parents
2-12 prior to a final decree of adoption. In a suit in which a social
2-13 study is ordered and in which the Texas Department of Human
2-14 Services is not a party or has no interest, the court may not
2-15 appoint the department to conduct the social study.>
2-16 SECTION 2. Section 11.12, Family Code, is amended by adding
2-17 Subsections (d) and (e) to read as follows:
2-18 (d) In every suit in which adoption is sought, or in a suit
2-19 in which a person not listed in Subsection (e) of this section
2-20 petitions to be appointed as a managing conservator or for
2-21 termination of parental rights, the court shall order a social
2-22 study. In any other suit affecting the parent-child relationship
2-23 the court may order a social study if the court determines that to
2-24 be in the best interest of the child. In all adoptions a copy of
2-25 the social study shall be made available to the prospective
2-26 adoptive parents prior to a final decree of adoption. In a suit in
2-27 which a social study is ordered and in which the Department of
3-1 Protective and Regulatory Services is not a party or has no
3-2 interest, the court shall appoint a private agency or person to
3-3 conduct the social study and may not appoint the department to
3-4 conduct the social study.
3-5 (e) In its discretion the court may dispense with the
3-6 completion of a social study with regard to a petitioner who is
3-7 seeking sole or joint managing conservatorship of a child or
3-8 termination of parental rights who is:
3-9 (1) an authorized agency;
3-10 (2) the Department of Protective and Regulatory
3-11 Services;
3-12 (3) a parent or stepparent of the child;
3-13 (4) the child's adult sibling;
3-14 (5) a grandparent or great-grandparent of the child;
3-15 (6) the child's aunt or uncle by birth, marriage, or
3-16 prior adoption; or
3-17 (7) authorized to file an original suit affecting the
3-18 parent-child relationship under Section 11.03(a)(8) or (10) of this
3-19 code.
3-20 SECTION 3. Section 15.03, Family Code, is amended to read as
3-21 follows:
3-22 Sec. 15.03. Affidavit of Relinquishment of Parental Rights.
3-23 (a) An affidavit for voluntary relinquishment of parental rights
3-24 must be signed after the birth of the child by the parent, whether
3-25 or not a minor, whose parental rights are to be relinquished,
3-26 witnessed by two credible persons, and verified before any person
3-27 authorized to take oaths. An affidavit for voluntary
4-1 relinquishment of parental rights for adoption shall not be signed
4-2 by the parent sooner than 48 hours after the birth of the child.
4-3 (b) The affidavit must contain:
4-4 (1) the name, address, and age of the parent whose
4-5 parental rights are being relinquished;
4-6 (2) the name, age, and birthdate of the child;
4-7 (3) the names and addresses of the guardians of the
4-8 person and estate of the child, if any;
4-9 (4) a statement that the affiant is or is not
4-10 presently obligated by court order to make payments for the support
4-11 of the child;
4-12 (5) a full description and statement of value of all
4-13 property owned or possessed by the child;
4-14 (6) allegations that termination of the parent-child
4-15 relationship is in the best interest of the child;
4-16 (7) one of the following, as applicable:
4-17 (A) the name and address of the other parent;
4-18 (B) a statement that the parental rights of the
4-19 other parent have been terminated by death or court order; or
4-20 (C) a statement that the child has no presumed
4-21 father and that an affidavit of status of child has been executed
4-22 as provided by Section 15.04 of this code;
4-23 (8) a statement that the parent has been informed of
4-24 his parental rights, powers, duties, and privileges; <and>
4-25 (9) a statement that the relinquishment is revocable,
4-26 or that the relinquishment is irrevocable, or that the
4-27 relinquishment is irrevocable for a stated period of time;
5-1 (10) a statement that the affiant has been advised of
5-2 the existence of the central registry as defined by Section 49.002,
5-3 Human Resources Code;
5-4 (11) a statement that the affiant has been advised of
5-5 the right to register with the central registry under Chapter 49,
5-6 Human Resources Code, or any adoption registry operated by an
5-7 agency authorized by the Department of Protective and Regulatory
5-8 Services to place children for adoption; and
5-9 (12) a statement that the affiant is aware of the
5-10 right to wait at least 48 hours after the birth of the child prior
5-11 to signing the affidavit of voluntary relinquishment of parental
5-12 rights.
5-13 (c) The affidavit may contain:
5-14 (1) a designation of any qualified person, the <Texas>
5-15 Department of Protective and Regulatory <Human> Services, or any
5-16 authorized agency as managing conservator of the child;
5-17 (2) a waiver of process in a suit to terminate the
5-18 parent-child relationship brought under Section 15.02(1)(K) of this
5-19 code, or in a suit to terminate joined with a petition for adoption
5-20 under Section 16.03(b) of this code; and
5-21 (3) a consent to the placement of the child for
5-22 adoption by the <Texas> Department of Protective and Regulatory
5-23 <Human> Services or by an agency authorized by the department
5-24 <Texas Department of Human Services> to place children for
5-25 adoption.
5-26 (d) An affidavit of relinquishment of parental rights which
5-27 designates as the managing conservator of the child the <Texas>
6-1 Department of Protective and Regulatory <Human> Services or an
6-2 agency authorized by the department <Texas Department of Human
6-3 Services> to place children for adoption is irrevocable. Any other
6-4 affidavit of relinquishment is revocable unless it expressly
6-5 provides that it is irrevocable for a stated period of time not to
6-6 exceed 60 days after the date of its execution.
6-7 SECTION 4. Section 15.041(e), Family Code, is amended to
6-8 read as follows:
6-9 (e) In a suit for termination of parental rights or in a
6-10 suit for termination joined with adoption of <to adopt> a child <or
6-11 in a suit brought by the Texas Department of Human Services or an
6-12 authorized agency for the purpose of terminating all legal
6-13 relationships and rights which exist or may exist between the
6-14 child's parents and the child>, the court may render a decree
6-15 terminating all legal relationships and rights which exist or may
6-16 exist between a child and a man who has executed an affidavit of
6-17 waiver of interest in the child, including the right to seek
6-18 voluntary paternity of the child, if the court finds that rendition
6-19 of the decree is in the best interest of the child.
6-20 SECTION 5. Chapter 15, Family Code, is amended by adding
6-21 Section 15.042 to read as follows:
6-22 Sec. 15.042. SOCIAL STUDY REQUIRED. (a) Except as provided
6-23 by Subsection (b) of this section, until the court receives and
6-24 reviews a social study concerning a person who is seeking to
6-25 terminate parental rights or to terminate and adopt a child, the
6-26 court may not terminate the parent-child relationship between a
6-27 child and a parent of the child or appoint the person as sole or
7-1 joint managing conservator of the child.
7-2 (b) This section does not apply to a petitioner seeking to
7-3 terminate parental rights or to terminate and adopt or to be
7-4 appointed as sole or joint managing conservator of a child who is:
7-5 (1) an authorized agency;
7-6 (2) the Department of Protective and Regulatory
7-7 Services;
7-8 (3) a parent or stepparent of the child;
7-9 (4) the child's adult sibling;
7-10 (5) a grandparent or great-grandparent of the child;
7-11 (6) the child's aunt or uncle by birth, marriage, or
7-12 prior adoption; or
7-13 (7) authorized to file an original suit affecting the
7-14 parent-child relationship under Section 11.03(a)(8) or (10) of this
7-15 code.
7-16 SECTION 6. Section 16.031, Family Code, is amended to read
7-17 as follows:
7-18 Sec. 16.031. SOCIAL STUDY<: TIME FOR HEARING>. (a) In a
7-19 suit affecting the parent-child relationship in which an adoption
7-20 is sought, the court shall order the making of a social study as
7-21 provided in Section 11.12 of this code, unless the court has
7-22 received a social study of the prospective adoptive parent or
7-23 parents in conformance with Section 15.042 of this code within one
7-24 year prior to the final hearing on the adoption <and shall set a
7-25 date for its filing>.
7-26 (b) The report of a social study made under this section
7-27 must include the results of an investigation of the criminal
8-1 history information record under Section 22.006, Human Resources
8-2 Code, requested by the person or agency conducting the social study
8-3 for each petitioner seeking to adopt the child and each adult who
8-4 resides in the home in which the child may be placed. <The court
8-5 shall set the date for the hearing on the adoption at a time not
8-6 later than 60 days, nor earlier than 40 days, after the date on
8-7 which the investigator is appointed. For good cause shown, the
8-8 court may set the hearing at any time that provides adequate time
8-9 for filing the report of the study.>
8-10 SECTION 7. Subchapter A, Chapter 16, Family Code, is amended
8-11 by adding Section 16.033 to read as follows:
8-12 Sec. 16.033. ILLEGAL CHILD PLACEMENT ACTIVITY. (a) A
8-13 person commits an offense if the person places a child for adoption
8-14 unless the person is a parent or guardian of the child or a
8-15 licensed child-placing agency.
8-16 (b) An offense under this section is a Class A misdemeanor
8-17 unless the person has been convicted previously under this section,
8-18 in which event the offense is a felony of the third degree.
8-19 (c) In this section, "child-placing agency" has the meaning
8-20 assigned to that term by Section 42.002(12), Human Resources Code.
8-21 SECTION 8. Sections 22.006(a) and (i), Human Resources Code,
8-22 are amended to read as follows:
8-23 (a) The department is entitled to obtain criminal history
8-24 information records maintained by the Department of Public Safety,
8-25 the Federal Bureau of Investigation identification division, or
8-26 another law enforcement agency to investigate:
8-27 (1) owners and employees of, and applicants for
9-1 employment at, a child-care facility licensed, registered, or
9-2 certified or applying for a license, registration, or certification
9-3 under Chapter 42 of this code;
9-4 (2) residents of a registered family home, excluding
9-5 children in the home's care and the parents of the children;
9-6 (3) a person providing or applying to provide adoptive
9-7 or foster care for children in the care of the department;
9-8 (4) a department employee who is engaged in the direct
9-9 delivery of protective services to children on the date the
9-10 department implements this section;
9-11 (5) a person applying for a position with the
9-12 department, the duties of which include direct delivery of
9-13 protective services to children;
9-14 (6) a volunteer or person applying as a volunteer with
9-15 a local affiliate in this state of Big Brothers/Big Sisters of
9-16 America or of a program known as "I Have a Dream/Houston";
9-17 (7) a person employed by a business entity which
9-18 provides in-home respite care of children with temporary illnesses;
9-19 (8) a person employed by a home health agency; <or>
9-20 (9) a volunteer or person applying as a volunteer with
9-21 an organization which provides court-appointed special advocates
9-22 for abused or neglected children; or
9-23 (10) a person seeking to adopt a child and each adult
9-24 who resides in the home in which the child may be placed for the
9-25 purposes of a social study ordered under Section 16.031, Family
9-26 Code, provided that, if the applicant or any adult living in the
9-27 applicant's home has resided in this state for less than five
10-1 years, that person must authorize the department to obtain the
10-2 criminal history record information from the state or states of the
10-3 person's residence for the previous 10 years.
10-4 (i) The department may charge a reasonable fee sufficient to
10-5 recover the costs of obtaining criminal history information records
10-6 authorized by Subsection (a)(7), <or> (a)(8), or (a)(10) of this
10-7 section.
10-8 SECTION 9. Section 25.11(a), Penal Code, is amended to read
10-9 as follows:
10-10 (a) A person commits an offense if he:
10-11 (1) possesses a child or has the custody,
10-12 conservatorship, or guardianship of a child, whether or not he has
10-13 actual possession of the child, and he offers to accept, agrees to
10-14 accept, or accepts a thing of value for the delivery of the child
10-15 to another or for the possession of the child by another for
10-16 purposes of adoption; <or>
10-17 (2) offers to give, agrees to give, or gives a thing
10-18 of value to another for acquiring or maintaining the possession of
10-19 a child for the purpose of adoption; or
10-20 (3) exchanges or offers or agrees to exchange a thing
10-21 of value for the referral of a person who may wish to relinquish a
10-22 child for the purpose of adoption.
10-23 SECTION 10. Chapter 25, Penal Code, is amended by adding
10-24 Section 25.12 to read as follows:
10-25 Sec. 25.12. ADVERTISING FOR PLACEMENT OF A MINOR. (a) A
10-26 person commits an offense if the person advertises in the public
10-27 media that the person will place a minor for adoption or will
11-1 provide or obtain a minor for adoption.
11-2 (b) This section does not apply to a licensed child-placing
11-3 agency identified in the advertisement as such.
11-4 (c) An offense under this section is a Class A misdemeanor
11-5 unless the person has been convicted previously under this section,
11-6 in which event the offense is a felony of the third degree.
11-7 SECTION 11. Sections 1, 3, and 4 of this Act apply only to a
11-8 suit affecting the parent-child relationship in which a hearing on
11-9 the merits has not been held before the effective date of this Act,
11-10 without regard to whether the suit is filed before, on, or after
11-11 the effective date of this Act.
11-12 SECTION 12. This Act takes effect September 1, 1993.
11-13 SECTION 13. The importance of this legislation and the
11-14 crowded condition of the calendars in both houses create an
11-15 emergency and an imperative public necessity that the
11-16 constitutional rule requiring bills to be read on three several
11-17 days in each house be suspended, and this rule is hereby suspended.