1-1 By: Moncrief S.B. No. 19
1-2 (In the Senate - Filed November 9, 1992; January 13, 1993,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; April 22, 1993, reported adversely, with favorable
1-5 Committee Substitute by the following vote: Yeas 8, Nays 0;
1-6 April 22, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Zaffirini x
1-10 Ellis x
1-11 Madla x
1-12 Moncrief x
1-13 Nelson x
1-14 Patterson x
1-15 Shelley x
1-16 Truan x
1-17 Wentworth x
1-18 COMMITTEE SUBSTITUTE FOR S.B. No. 19 By: Moncrief
1-19 A BILL TO BE ENTITLED
1-20 AN ACT
1-21 relating to suits affecting the parent-child relationship,
1-22 including the regulation of adoption procedures; creating offenses
1-23 and providing penalties.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-25 SECTION 1. Subsection (b), Section 11.12, Family Code, as
1-26 amended by Chapter 371 and Chapter 1004, Acts of the 71st
1-27 Legislature, Regular Session, 1989, is amended to read as follows:
1-28 (b) The social study may <shall> be made by any state
1-29 agency, including the <Texas> Department of Protective and
1-30 Regulatory <Human> Services or any person appointed by the court.
1-31 The court shall <may> appoint an investigator to conduct the social
1-32 study required by this section who has the qualifications
1-33 established by the rules of the <Texas> Department of Protective
1-34 and Regulatory <Human> Services providing minimum qualifications
1-35 for persons who may conduct social studies. If the <Texas>
1-36 Department of Protective and Regulatory <Human> Services, or
1-37 another governmental agency, is appointed, the person who conducts
1-38 the investigation and makes the report must also have those
1-39 qualifications. A study made under this section shall comply with
1-40 the rules of the <Texas> Department of Protective and Regulatory
1-41 <Human> Services establishing minimum standards, guidelines, and
1-42 procedures for social studies <or the criteria established by the
1-43 court>. A study made under this section must also comply with the
1-44 minimum standards for child-placing agencies established by the
1-45 Department of Protective and Regulatory Services regardless of
1-46 whether the study is made by a child-placing agency or a person who
1-47 is not associated with a child-placing agency. This social study
1-48 shall contain any history of physical, sexual, or emotional abuse
1-49 suffered by the child. In a suit in which adoption is sought or
1-50 possession of or access to the child is an issue and in which the
1-51 <Texas> Department of Protective and Regulatory <Human> Services is
1-52 not a party or has no interest, the court shall appoint a private
1-53 agency or person to conduct the social study. In all adoptions a
1-54 copy of the social study shall be made available to the prospective
1-55 adoptive parents prior to a final decree of adoption. In a suit in
1-56 which a social study is ordered and in which the <Texas> Department
1-57 of Protective and Regulatory <Human> Services is not a party or has
1-58 no interest, the court may not appoint the department to conduct
1-59 the social study.
1-60 SECTION 2. Section 15.03, Family Code, is amended to read as
1-61 follows:
1-62 Sec. 15.03. AFFIDAVIT OF RELINQUISHMENT OF PARENTAL RIGHTS.
1-63 (a) An affidavit for voluntary relinquishment of parental rights
1-64 must be signed after the birth of the child by the parent, whether
1-65 or not a minor, whose parental rights are to be relinquished,
1-66 witnessed by two credible persons, and verified before any person
1-67 authorized to take oaths. An affidavit for voluntary
1-68 relinquishment of parental rights for adoption shall not be signed
2-1 by the parent sooner than 48 hours after the birth of the child.
2-2 An affidavit for voluntary relinquishment of parental rights
2-3 designating as the managing conservator the Department of
2-4 Protective and Regulatory Services or an agency licensed or
2-5 certified by the department to place children for adoption may be
2-6 signed sooner than 48 hours after the birth of the child if the
2-7 affidavit contains a waiver of the right to the 48-hour waiting
2-8 period and a statement of the parent's reason for waiving the right
2-9 to the preferred 48-hour waiting period, but under no circumstances
2-10 may the affidavit be signed sooner than 24 hours after the birth of
2-11 the child.
2-12 (b) The affidavit must contain:
2-13 (1) the name, address, and age of the parent whose
2-14 parental rights are being relinquished;
2-15 (2) the name, age, and birthdate of the child;
2-16 (3) the names and addresses of the guardians of the
2-17 person and estate of the child, if any;
2-18 (4) a statement that the affiant is or is not
2-19 presently obligated by court order to make payments for the support
2-20 of the child;
2-21 (5) a full description and statement of value of all
2-22 property owned or possessed by the child;
2-23 (6) allegations that termination of the parent-child
2-24 relationship is in the best interest of the child;
2-25 (7) one of the following, as applicable:
2-26 (A) the name and address of the other parent;
2-27 (B) a statement that the parental rights of the
2-28 other parent have been terminated by death or court order; or
2-29 (C) a statement that the child has no presumed
2-30 father and that an affidavit of status of child has been executed
2-31 as provided by Section 15.04 of this code;
2-32 (8) a statement that the parent has been informed of
2-33 his parental rights, powers, duties, and privileges; <and>
2-34 (9) a statement that the relinquishment is revocable,
2-35 or that the relinquishment is irrevocable, or that the
2-36 relinquishment is irrevocable for a stated period of time;
2-37 (10) a statement that the affiant has been advised of
2-38 the existence of the central registry as defined by Section 49.002,
2-39 Human Resources Code;
2-40 (11) a statement that the affiant has been advised of
2-41 the right to register with the central registry under Chapter 49,
2-42 Human Resources Code, or any adoption registry operated by an
2-43 agency authorized by the Department of Protective and Regulatory
2-44 Services to place children for adoption; and
2-45 (12) a statement that the affiant is aware of the
2-46 right to wait at least 48 hours after the birth of the child prior
2-47 to signing the affidavit of voluntary relinquishment of parental
2-48 rights.
2-49 (c) The affidavit may contain:
2-50 (1) a designation of any qualified person, the <Texas>
2-51 Department of Protective and Regulatory <Human> Services, or any
2-52 authorized agency as managing conservator of the child;
2-53 (2) a waiver of process in a suit to terminate the
2-54 parent-child relationship brought under Section 15.02(1)(K) of this
2-55 code, or in a suit to terminate joined with a petition for adoption
2-56 under Section 16.03(b) of this code; and
2-57 (3) a consent to the placement of the child for
2-58 adoption by the <Texas> Department of Protective and Regulatory
2-59 <Human> Services or by an agency authorized by the department
2-60 <Texas Department of Human Services> to place children for
2-61 adoption.
2-62 (d) An affidavit of relinquishment of parental rights which
2-63 designates as the managing conservator of the child the <Texas>
2-64 Department of Protective and Regulatory <Human> Services or an
2-65 agency authorized by the department <Texas Department of Human
2-66 Services> to place children for adoption is irrevocable. Any other
2-67 affidavit of relinquishment is revocable unless it expressly
2-68 provides that it is irrevocable for a stated period of time not to
2-69 exceed 60 days after the date of its execution.
2-70 SECTION 3. Chapter 15, Family Code, is amended by adding
3-1 Section 15.042 to read as follows:
3-2 Sec. 15.042. SOCIAL STUDY REQUIRED. (a) Except as provided
3-3 by Subsection (c) of this section, a court may not terminate the
3-4 parent-child relationship between a child and a parent of the child
3-5 or appoint a managing conservator of a child under this chapter
3-6 unless the court accepts a social study into evidence concerning
3-7 the person who may adopt the child.
3-8 (b) The social study referred to in Subsection (a) of this
3-9 section must be accepted by the court prior to appointing the
3-10 managing conservator and prior to the child physically residing
3-11 with the managing conservator or a person seeking to adopt a child.
3-12 (c) This section does not apply to a proceeding in which the
3-13 court appoints the parent of the child, an authorized agency, or
3-14 the Department of Protective and Regulatory Services as the
3-15 managing conservator of a child.
3-16 SECTION 4. Section 16.031, Family Code, is amended to read
3-17 as follows:
3-18 Sec. 16.031. Social Study<: Time for Hearing>. (a) In a
3-19 suit affecting the parent-child relationship in which an adoption
3-20 is sought, the court shall order the making of a social study as
3-21 provided in Section 11.12 of this code <and shall set a date for
3-22 its filing>.
3-23 (b) Unless the petitioner has received the child for
3-24 adoption from an authorized agency or the Department of Protective
3-25 and Regulatory Services, a petitioner may not be appointed as a
3-26 managing conservator of a child or receive a child to reside in a
3-27 home for adoption until a social study has been conducted and
3-28 accepted into evidence by the court as required by Section 15.042
3-29 of this code.
3-30 (c) The report of a social study made under this section
3-31 must include the results of an investigation of the criminal
3-32 history information record under Section 22.006, Human Resources
3-33 Code, requested by the person or agency conducting the social study
3-34 for each petitioner seeking to adopt the child and each adult who
3-35 resides in the home in which the child may be placed. <The court
3-36 shall set the date for the hearing on the adoption at a time not
3-37 later than 60 days, nor earlier than 40 days, after the date on
3-38 which the investigator is appointed. For good cause shown, the
3-39 court may set the hearing at any time that provides adequate time
3-40 for filing the report of the study.>
3-41 SECTION 5. Subchapter A, Chapter 16, Family Code, is amended
3-42 by adding Section 16.033 to read as follows:
3-43 Sec. 16.033. ILLEGAL CHILD PLACEMENT ACTIVITY. (a) A
3-44 person commits an offense if the person plans for the adoptive
3-45 placement of a child or places a child for adoption unless the
3-46 person is a parent or guardian of the child or a licensed
3-47 child-placing agency.
3-48 (b) An offense under this section is a Class A misdemeanor,
3-49 unless the person has been convicted previously under this section,
3-50 in which event the offense is a felony of the third degree.
3-51 (c) In this section, "child-placing agency" has the meaning
3-52 assigned to that term by Section 42.002(12), Human Resources Code.
3-53 SECTION 6. Subsections (a) and (i), Section 22.006, Human
3-54 Resources Code, are amended to read as follows:
3-55 (a) The department is entitled to obtain criminal history
3-56 information records maintained by the Department of Public Safety,
3-57 the Federal Bureau of Investigation identification division, or
3-58 another law enforcement agency to investigate:
3-59 (1) owners and employees of, and applicants for
3-60 employment at, a child-care facility licensed, registered, or
3-61 certified or applying for a license, registration, or certification
3-62 under Chapter 42 of this code;
3-63 (2) residents of a registered family home, excluding
3-64 children in the home's care and the parents of the children;
3-65 (3) a person providing or applying to provide adoptive
3-66 or foster care for children in the care of the department;
3-67 (4) a department employee who is engaged in the direct
3-68 delivery of protective services to children on the date the
3-69 department implements this section;
3-70 (5) a person applying for a position with the
4-1 department, the duties of which include direct delivery of
4-2 protective services to children;
4-3 (6) a volunteer or person applying as a volunteer with
4-4 a local affiliate in this state of Big Brothers/Big Sisters of
4-5 America or of a program known as "I Have a Dream/Houston";
4-6 (7) a person employed by a business entity which
4-7 provides in-home respite care of children with temporary illnesses;
4-8 (8) a person employed by a home health agency; <or>
4-9 (9) a volunteer or person applying as a volunteer with
4-10 an organization which provides court-appointed special advocates
4-11 for abused or neglected children; or
4-12 (10) a person seeking to adopt a child and each adult
4-13 who resides in the home in which the child may be placed for the
4-14 purposes of a social study ordered under Section 16.031, Family
4-15 Code, provided that, if the applicant or any adult living in the
4-16 applicant's home has resided in this state for less than five
4-17 years, that person must provide the criminal history information
4-18 record from the state or states of residence for the previous 10
4-19 years.
4-20 (i) The department may charge a reasonable fee sufficient to
4-21 recover the costs of obtaining criminal history information records
4-22 authorized by Subsection (a)(7), <or> (a)(8), or (a)(10) of this
4-23 section.
4-24 SECTION 7. Subsection (a), Section 25.11, Penal Code, is
4-25 amended to read as follows:
4-26 (a) A person commits an offense if he:
4-27 (1) possesses a child or has the custody,
4-28 conservatorship, or guardianship of a child, whether or not he has
4-29 actual possession of the child, and he offers to accept, agrees to
4-30 accept, or accepts a thing of value for the delivery of the child
4-31 to another or for the possession of the child by another for
4-32 purposes of adoption; <or>
4-33 (2) offers to give, agrees to give, or gives a thing
4-34 of value to another for acquiring or maintaining the possession of
4-35 a child for the purpose of adoption; or
4-36 (3) exchanges or offers or agrees to exchange a thing
4-37 of value for the referral of a person who may wish to relinquish a
4-38 child for the purpose of adoption.
4-39 SECTION 8. Chapter 25, Penal Code, is amended by adding
4-40 Section 25.12 to read as follows:
4-41 Sec. 25.12. ADVERTISING FOR PLACEMENT OF A MINOR. (a) A
4-42 person commits an offense if the person:
4-43 (1) advertises in the public media that the person
4-44 will place a minor for adoption or will accept, provide, or obtain
4-45 a minor for adoption; or
4-46 (2) causes an advertisement to be published in the
4-47 public media that solicits or requests a minor for adoption.
4-48 (b) This section does not apply to a licensed child-placing
4-49 agency identified in the advertisement as such.
4-50 (c) An offense under this section is a Class A misdemeanor
4-51 unless the person has been convicted previously under this section,
4-52 in which event the offense is a felony of the third degree.
4-53 SECTION 9. Sections 1, 3, and 4 of this Act apply only to a
4-54 suit affecting the parent-child relationship in which a hearing on
4-55 the merits has not been held before the effective date of this Act,
4-56 without regard to whether the suit is filed before, on, or after
4-57 the effective date of this Act.
4-58 SECTION 10. This Act takes effect September 1, 1993.
4-59 SECTION 11. The importance of this legislation and the
4-60 crowded condition of the calendars in both houses create an
4-61 emergency and an imperative public necessity that the
4-62 constitutional rule requiring bills to be read on three several
4-63 days in each house be suspended, and this rule is hereby suspended.
4-64 * * * * *
4-65 Austin,
4-66 Texas
4-67 April 22, 1993
4-68 Hon. Bob Bullock
4-69 President of the Senate
4-70 Sir:
5-1 We, your Committee on Health and Human Services to which was
5-2 referred S.B. No. 19, have had the same under consideration, and I
5-3 am instructed to report it back to the Senate with the
5-4 recommendation that it do not pass, but that the Committee
5-5 Substitute adopted in lieu thereof do pass and be printed.
5-6 Zaffirini,
5-7 Chair
5-8 * * * * *
5-9 WITNESSES
5-10 No witness appeared on S.B. No. 19.