By Greenberg H.B. No. 1108
74R1699 MJW-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to requiring a criminal background check for a prospective
1-3 adoptive parent.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 16.031, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 16.031. Social Study<: Time for hearing>. <(a)> In a
1-8 suit affecting the parent-child relationship in which an adoption
1-9 is sought, the court shall order the making of a social study as
1-10 provided in Section 11.12 of this code and shall set a date for its
1-11 filing.
1-12 <(b) The court shall set the date for the hearing on the
1-13 adoption at a time not later than 60 days, nor earlier than 40
1-14 days, after the date on which the investigator is appointed. For
1-15 good cause shown, the court may set the hearing at any time that
1-16 provides adequate time for filing the report of the study.>
1-17 SECTION 2. Subchapter A, Chapter 16, Family Code, is amended
1-18 by adding Section 16.033 to read as follows:
1-19 Sec. 16.033. CRIMINAL HISTORY REPORT REQUIRED. (a) In a
1-20 suit affecting the parent-child relationship in which an adoption
1-21 is sought, the court shall order the department, an authorized
1-22 agency, or a parent, guardian, or other person placing a child for
1-23 adoption to obtain criminal history record information on a person
1-24 petitioning to adopt the child.
2-1 (b) A person required to obtain information under Subsection
2-2 (a) shall:
2-3 (1) obtain the information in the manner prescribed by
2-4 Section 411.128, Government Code; and
2-5 (2) notify the court of a petitioner's conviction of a
2-6 misdemeanor involving moral turpitude or the abuse of a drug,
2-7 including alcohol, or of any felony not later than the 10th day
2-8 before the date set for the adoption hearing.
2-9 SECTION 3. Subchapter A, Chapter 16, Family Code, is amended
2-10 by adding Section 16.034 to read as follows:
2-11 Sec. 16.034. TIME FOR HEARING. The court shall set the date
2-12 for the hearing on the adoption at a time not later than the 60th
2-13 day, or earlier than the 40th day, after the later of the date on
2-14 which an investigator is appointed to conduct the social study
2-15 required by Section 16.031 or the date on which criminal history
2-16 record information is requested under Section 16.033. For good
2-17 cause shown, the court may set the hearing at any time that
2-18 provides adequate time for filing the report of the social study
2-19 and notifying the court of a petitioner's criminal history record
2-20 information.
2-21 SECTION 4. Subchapter F, Chapter 411, Government Code, is
2-22 amended by adding Section 411.128 to read as follows:
2-23 Sec. 411.128. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
2-24 PERSON PLACING CHILD FOR ADOPTION. (a) The Department of
2-25 Protective and Regulatory Services, an authorized adoption agency,
2-26 or a parent, guardian, or other person placing a child for adoption
2-27 is entitled to obtain from the department criminal history record
3-1 information that relates to a person who has petitioned a court for
3-2 adoption of a child under Chapter 16, Family Code. A person
3-3 requesting information under this section must provide the
3-4 department with a certified copy of the court order requiring the
3-5 investigation at the time of the request for information.
3-6 (b) The department shall provide criminal history record
3-7 information under this section as soon as possible, but not later
3-8 than the 25th day after the date on which the department receives
3-9 the request for information.
3-10 (c) Criminal history record information obtained under this
3-11 section may not be released or disclosed to a person other than the
3-12 court ordering the investigation except on court order or with the
3-13 consent of the person who is the subject of the criminal history
3-14 record information.
3-15 SECTION 5. The change in law made by this Act applies only
3-16 to a suit affecting the parent-child relationship in which an
3-17 adoption is sought that is filed on or after the effective date of
3-18 this Act. A suit that is filed before the effective date of this
3-19 Act is covered by the law in effect when the suit was filed, and
3-20 the former law is continued in effect for that purpose.
3-21 SECTION 6. This Act takes effect September 1, 1995.
3-22 SECTION 7. The importance of this legislation and the
3-23 crowded condition of the calendars in both houses create an
3-24 emergency and an imperative public necessity that the
3-25 constitutional rule requiring bills to be read on three several
3-26 days in each house be suspended, and this rule is hereby suspended.