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.