By Goodman, Van de Putte, et al. H.B. No. 659
Substitute the following for H.B. No. 659:
By Van de Putte C.S.H.B. No. 659
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the voluntary termination of parental rights.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 161.103, Family Code, as added by House
1-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
1-6 amended to read as follows:
1-7 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
1-8 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
1-9 parental rights must be:
1-10 (1) signed after the birth of the child, but not
1-11 before 48 hours after the birth of the child, by the parent,
1-12 whether or not a minor, whose parental rights are to be
1-13 relinquished;
1-14 (2) witnessed by two credible persons; and
1-15 (3) verified before a person authorized to take oaths.
1-16 (b) The affidavit must contain:
1-17 (1) the name, address, and age of the parent whose
1-18 parental rights are being relinquished;
1-19 (2) the name, age, and birth date of the child;
1-20 (3) the names and addresses of the guardians of the
1-21 person and estate of the child, if any;
1-22 (4) a statement that the affiant is or is not
1-23 presently obligated by court order to make payments for the support
1-24 of the child;
2-1 (5) a full description and statement of value of all
2-2 property owned or possessed by the child;
2-3 (6) an allegation that termination of the parent-child
2-4 relationship is in the best interest of the child;
2-5 (7) one of the following, as applicable:
2-6 (A) the name and address of the other parent;
2-7 (B) a statement that the parental rights of the
2-8 other parent have been terminated by death or court order; or
2-9 (C) a statement that the child has no presumed
2-10 father and that an affidavit of status of the child has been
2-11 executed as provided by this chapter;
2-12 (8) a statement that the parent has been informed of
2-13 parental rights and duties; <and>
2-14 (9) a statement in boldfaced type concerning the right
2-15 of the parent signing the affidavit to revoke the affidavit only if
2-16 the revocation is made before the 11th day after the date the
2-17 revocation is executed;
2-18 (10) the name and address of a person to whom the
2-19 revocation is to be delivered; and
2-20 (11) the <a statement that the relinquishment is
2-21 revocable, that the relinquishment is irrevocable, or that the
2-22 relinquishment is irrevocable for a stated period of time.>
2-23 <(c) The affidavit may contain:>
2-24 <(1) a> designation of a qualified person, the
2-25 Department of Protective and Regulatory Services, if the department
2-26 has consented in writing to the designation, or a licensed
2-27 child-placing agency to serve as managing conservator of the child
3-1 and the address of the person or agency.<;>
3-2 (c) The affidavit may contain:
3-3 (1) <(2)> a waiver of process in a suit to terminate
3-4 the parent-child relationship filed under this chapter or in a suit
3-5 to terminate joined with a petition for adoption; and
3-6 (2) <(3)> a consent to the placement of the child for
3-7 adoption by the Department of Protective and Regulatory Services or
3-8 by a licensed child-placing agency.
3-9 (d) A copy of the affidavit shall be provided to the parent
3-10 at the time the parent signs the affidavit.
3-11 (e) An affidavit of relinquishment of parental rights that
3-12 <is irrevocable if it> designates the Department of Protective and
3-13 Regulatory Services or a licensed child-placing agency to serve as
3-14 the managing conservator and any<. Any> other affidavit of
3-15 relinquishment may be revoked only if the revocation is made before
3-16 the 11th day after the date the affidavit is executed. The
3-17 affidavit is <revocable unless it expressly provides that it is>
3-18 irrevocable on or <for a stated period of time not to exceed 60
3-19 days> after the 11th day after the date of its execution.
3-20 (f) To revoke an affidavit under Subsection (e) the parent
3-21 must sign a statement witnessed by two credible persons and
3-22 verified before a person authorized to take oaths. A copy of the
3-23 revocation shall be delivered to the person designated in the
3-24 affidavit. If a parent attempting to revoke an affidavit under
3-25 this subsection has knowledge that a suit for termination of the
3-26 parent-child relationship has been filed based on the parent's
3-27 affidavit of relinquishment of parental rights, the parent shall
4-1 file a copy of the revocation with the clerk of the court.
4-2 SECTION 2. Section 161.106, Family Code, as added by House
4-3 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
4-4 amended by adding Subsections (f)-(i) to read as follows:
4-5 (f) An affidavit under this section must contain a statement
4-6 in boldfaced type concerning the right of the person who executed
4-7 the affidavit to revoke the affidavit only if the revocation is
4-8 made before the 11th day after the date the affidavit is executed.
4-9 (g) A copy of the affidavit shall be provided to the person
4-10 who executed the affidavit at the time the person signs the
4-11 affidavit.
4-12 (h) An affidavit under this section may be revoked only if
4-13 the revocation is made before the 11th day after the date the
4-14 affidavit is executed. The affidavit is irrevocable on or after
4-15 the 11th day after the date the affidavit was executed.
4-16 (i) To revoke an affidavit under Subsection (h), the person
4-17 who executed the affidavit must sign a statement witnessed by two
4-18 credible persons and verified before a person authorized to take
4-19 oaths. A copy of the revocation shall be delivered to the person
4-20 designated in the affidavit of waiver of interest in a child. If a
4-21 person attempting to revoke an affidavit under this subsection has
4-22 knowledge that a suit for termination of the parent-child
4-23 relationship based on the person's waiver of interest in a child
4-24 has been filed, the person shall file a copy of the revocation with
4-25 the clerk of the court.
4-26 SECTION 3. Subchapter B, Chapter 161, Family Code, as added
4-27 by House Bill 655, Acts of the 74th Legislature, Regular Session,
5-1 1995, is amended by adding Sections 161.108 and 161.109 to read as
5-2 follows:
5-3 Sec. 161.108. REVOCATION PERIOD NOT APPLICABLE. An
5-4 affidavit of relinquishment of parental rights under Section
5-5 161.103 or an affidavit of waiver of interest in a child under
5-6 Section 161.106 may provide that the required revocation period is
5-7 not applicable to the affidavit if:
5-8 (1) the affidavit is executed by a parent who has been
5-9 personally served with citation in a suit seeking termination;
5-10 (2) the parent has filed an answer in the suit or the
5-11 date to file an answer in the suit has passed; and
5-12 (3) the affidavit states that the revocation period is
5-13 not applicable and the affidavit is irrevocable.
5-14 Sec. 161.109. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
5-15 CENTER. (a) Before or at the time an affidavit of relinquishment
5-16 of parental rights under Section 161.103 is executed, the mother of
5-17 a newborn child who does not have a presumed father or, if the
5-18 child has a presumed father, for whom the presumed father has
5-19 executed an affidavit of waiver of interest in the child or
5-20 otherwise relinquished parental rights, may authorize the release
5-21 of the child from the hospital or birthing center to a licensed
5-22 child-placing agency, the Department of Protective and Regulatory
5-23 Services, or another designated person.
5-24 (b) A release under this section must be:
5-25 (1) executed in writing;
5-26 (2) witnessed by two credible adults; and
5-27 (3) verified before a person authorized to take oaths.
6-1 (c) A hospital or birthing center shall comply with the
6-2 terms of a release executed under this section without requiring a
6-3 court order.
6-4 SECTION 4. Section 161.201, Family Code, as added by House
6-5 Bill 655, Acts of the 74th Legislature, Regular Session, 1995, is
6-6 amended to read as follows:
6-7 Sec. 161.201. NO FINAL ORDER UNTIL AFFIDAVIT BECOMES
6-8 IRREVOCABLE <CHILD FIVE DAYS OLD>. If an affidavit relinquishing
6-9 parental rights or an affidavit of waiver of interest in a child
6-10 under this chapter has been executed, the court may not hold a
6-11 hearing on termination of parental rights or render orders other
6-12 than temporary orders until after the date the affidavit becomes
6-13 irrevocable. <If the petition in a suit for termination is filed
6-14 before the birth of the child, the court may not conduct a hearing
6-15 in the suit nor render an order other than a temporary order until
6-16 the child is at least five days old.>
6-17 SECTION 5. Subchapter C, Chapter 161, Family Code, as added
6-18 by House Bill 655, Acts of the 74th Legislature, Regular Session,
6-19 1995, is amended by adding Section 161.211 to read as follows:
6-20 Sec. 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION
6-21 ORDER. (a) The validity of an order terminating the parental
6-22 rights of a person who has been personally served or who has
6-23 executed an affidavit of relinquishment of parental rights or an
6-24 affidavit of waiver of interest in a child is not subject to
6-25 collateral or direct attack after the sixth month after the date
6-26 the order was rendered.
6-27 (b) The validity of an order terminating the parental rights
7-1 of a person who is served by citation by publication is not subject
7-2 to collateral or direct attack after the second anniversary of the
7-3 date the order was rendered.
7-4 (c) A direct or collateral attack on an order terminating
7-5 parental rights based on an unrevoked affidavit of relinquishment
7-6 of parental rights or affidavit of waiver of interest in a child is
7-7 limited to issues relating to fraud, duress, or coercion in the
7-8 execution of the affidavit.
7-9 SECTION 6. Section 162.012(a), Family Code, as added by
7-10 House Bill 655, Acts of the 74th Legislature, Regular Session,
7-11 1995, is amended to read as follows:
7-12 (a) The validity of an adoption order is not subject to
7-13 attack after the sixth month after <second anniversary of> the date
7-14 the order was rendered.
7-15 SECTION 7. This Act takes effect September 1, 1995, and
7-16 applies only to an affidavit to relinquish parental rights or an
7-17 affidavit of waiver of interest in a child executed on or after
7-18 that date. An affidavit executed before the effective date of this
7-19 Act is governed by the law in effect on the date the affidavit was
7-20 executed, and the former law is continued in effect for that
7-21 purpose.
7-22 SECTION 8. The importance of this legislation and the
7-23 crowded condition of the calendars in both houses create an
7-24 emergency and an imperative public necessity that the
7-25 constitutional rule requiring bills to be read on three several
7-26 days in each house be suspended, and this rule is hereby suspended.