BILL ANALYSIS H.B. 1108 By: Greenberg (Moncrief) Health and Human Services 05-22-95 Senate Committee Report (Unamended) BACKGROUND Under current law, a criminal background check is not required for all adoptions in this state. PURPOSE As proposed, H.B. 1108 requires that a background check be completed for all adoptions regardless of the entity which handles them. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 162.004, Family Code, as added by H.B. 655, Acts of the 74th Legislature, Regular Session, 1995, as follows: (a) Requires the court to set the date for the hearing on the adoption at a time not before the 40th day or later than the 60th day after the later of the date the social study is ordered or the date criminal history record information is requested under Section 162.0085. (b) Authorizes the court to set the hearing at any time that provides adequate time for, among other actions, notifying the court of the criminal history record information for a person seeking to adopt the child. SECTION 2. Amends Chapter 162A, Family Code, by adding Section 162.0085, as follows: Sec. 162.0085. CRIMINAL HISTORY REPORT REQUIRED. (a) Requires the court, in a suit affecting the parent-child relationship in which an adoption is sought, to order each person seeking to adopt the child to obtain that person's own criminal history record information. (b) Requires a person required to obtain information under Subsection (a) to obtain the information in the manner provided by Section 411.128, Government Code. SECTION 3. Amends Chapter 411F, Government Code, by adding Section 411.128, as follows: Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: PERSON SEEKING TO ADOPT CHILD. (a) Requires a person seeking to adopt a child under Chapter 162, Family Code, who is ordered by the court to obtain the person's own criminal history record information from the Department of Public Safety (department) under Section 162.0085, Family Code, to request the information as provided by this section. (b) Requires a person requesting information under this section to provide the department with the name and address of the court and the date set for the adoption hearing. (c) Requires the department to provide the court with criminal history record information not later than the 10th day before the date set for the adoption hearing. (d) Prohibits criminal history record information requested under this section from being released or disclosed to a person other than the court ordering the investigation, except on court order or with the consent of the person who is the subject of the criminal history record information. SECTION 4. Makes application of this Act prospective. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause.