By: Moncrief S.B. No. 161
A BILL TO BE ENTITLED
AN ACT
1-1 relating to adoption services.
1-2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-3 SECTION 1. Chapter 47, Human Resources Code, is amended to
1-4 read as follows:
1-5 CHAPTER 47. ADOPTION SERVICES BY THE DEPARTMENT OF
1-6 PROTECTIVE AND REGULATORY SERVICES
1-7 <SUBCHAPTER A. SERVICES FOR HARD-TO-PLACE CHILDREN>
1-8 Section
1-9 47.001. Definitions <Definition>.
1-10 47.002. Adoption Assistance <Services> Program.
1-11 47.003. Dissemination of Information.
1-12 47.004. Financial and Medical Assistance.
1-13 47.005. Funds.
1-14 <SUBCHAPTER B. POSTADOPTION SERVICES>
1-15 47.006 <47.031>. Provision of Postadoption Services.
1-16 <47.032. Postadoption Services Advisory Committee.>
1-17 <SUBCHAPTER C. PLACEMENT OF CHILDREN>
1-18 47.007 <47.041>. Race or Ethnicity.
1-19 <SUBCHAPTER A. SERVICES FOR HARD TO PLACE CHILDREN>
1-20 Sec. 47.001. DEFINITIONS <DEFINITION>. In this chapter:
1-21 (1) "Child"<, "hard-to-place child"> means a child who
1-22 cannot be placed for adoption with appropriate adoptive parents
1-23 without the provision of adoption assistance due to specific
2-1 factors including ethnic background, age, or membership in a
2-2 minority or sibling group, the presence of a medical condition, or
2-3 a physical, mental, or emotional disability <is:>
2-4 <(1) three years of age or older; or who is>
2-5 <(2) difficult to place in an adoptive home because of
2-6 age, race, color, ethnic background, language, or physical, mental,
2-7 or emotional handicap; or>
2-8 <(3) a member of a sibling group that should be placed
2-9 in the same home>.
2-10 (2) "Department" means the Department of Protective
2-11 and Regulatory Services.
2-12 (3) "Adoption assistance agreement" means a written
2-13 agreement, binding on the parties to the agreement, between the
2-14 department and the prospective adoptive parents which specifies the
2-15 nature and amount of any payment, services, and assistance to be
2-16 provided under such agreement and stipulates that the agreement
2-17 shall remain in effect regardless of the state of which the
2-18 adoptive parents are residents at any given time.
2-19 Sec. 47.002. ADOPTION ASSISTANCE <SERVICES> PROGRAM.
2-20 (a) The department shall administer a program designed to promote
2-21 the adoption of <hard-to-place> children by providing information
2-22 to prospective adoptive parents concerning the availability and
2-23 needs of the <relinquished> children, assisting the parents in
2-24 completing the adoption process, and providing adoption <financial>
2-25 assistance necessary for the parents to adopt the children. The
3-1 legislature intends that the program benefit <hard-to-place>
3-2 children residing in foster homes at state or county expense by
3-3 providing them with the stability and security of permanent homes
3-4 and that the costs paid by the state and counties for foster home
3-5 care for the children be reduced.
3-6 (b) The program shall be carried out by licensed
3-7 child-placing <adoption> agencies or county child-care or welfare
3-8 units pursuant to rules adopted by the department.
3-9 (c) The department shall keep records necessary to evaluate
3-10 the program's effectiveness in encouraging and promoting the
3-11 adoption of <hard-to-place> children.
3-12 Sec. 47.003. DISSEMINATION OF INFORMATION. The department,
3-13 county child-care or welfare units, and licensed child-placing
3-14 <adoption> agencies shall disseminate information to prospective
3-15 adoptive parents concerning the availability and needs of children
3-16 for adoption <of hard-to-place children> and the existence of
3-17 adoption <financial> assistance for parents who adopt them.
3-18 Special effort shall be made to disseminate the information to
3-19 families that have lower income levels or that belong to
3-20 disadvantaged groups.
3-21 Sec. 47.004. FINANCIAL AND MEDICAL ASSISTANCE. (a) The
3-22 department shall enter into adoption assistance agreements with the
3-23 adoptive parents of a child as authorized under Part E of Title IV
3-24 of the Social Security Act (42 U.S.C. Section 673) <Adoption fees
3-25 for a hard-to-place child may be waived>.
4-1 (b) The adoption of a <hard-to-place> child may be
4-2 subsidized by the department <an amount not exceeding the amount
4-3 that would be paid for foster home care for the child if not
4-4 adopted>. The need for and the amount of the subsidy shall be
4-5 determined by the department under its rules.
4-6 (c) In addition to the subsidy prescribed by Subsection (b)
4-7 of this section, the department may subsidize the cost of medical
4-8 care for a <hard-to-place> child. The department shall determine
4-9 the amount and need for the subsidy.
4-10 (d) The county may pay a subsidy under Subsection (b) or (c)
4-11 of this section if the county is responsible for the child's foster
4-12 <home> care at the time of the child's adoptive placement
4-13 <adoption>. <The state shall pay the subsidy if at the time of the
4-14 adoption the child is receiving aid under the department's aid to
4-15 families with dependent children program, and the state may pay the
4-16 subsidy if the department is managing conservator for the child.>
4-17 If the child is receiving supplemental security income from the
4-18 federal government, the state may pay the subsidy regardless of
4-19 whether the state is the managing conservator for the child.
4-20 Sec. 47.005. FUNDS. <(a)> The department and other state
4-21 agencies shall actively seek and use federal funds available for
4-22 the purposes of this chapter.
4-23 <(b) Gifts or grants from private sources for the purposes
4-24 of this chapter shall be used to support the program.>
4-25 <SUBCHAPTER B. POSTADOPTION SERVICES>
5-1 Sec. 47.006 <47.031>. PROVISION OF POSTADOPTION SERVICES.
5-2 The department may provide services after adoption to adoptees and
5-3 adoptive families to whom the department provided services before
5-4 adoption. The department may provide the services directly or
5-5 through contract. The services may include financial assistance,
5-6 respite care, placement services, parenting programs, support
5-7 groups, counseling services, crisis intervention, and medical aid.
5-8 <Sec. 47.032. POSTADOPTION SERVICES ADVISORY COMMITTEE.
5-9 (a) The Postadoption Services Advisory Committee is established.>
5-10 <(b) The committee is composed of:>
5-11 <(1) a representative of the department appointed by
5-12 the commissioner;>
5-13 <(2) a representative of the Texas Department of
5-14 Mental Health and Mental Retardation appointed by the commissioner
5-15 of mental health and mental retardation;>
5-16 <(3) an adoptive parent appointed by the lieutenant
5-17 governor;>
5-18 <(4) an adoptive parent appointed by the speaker of
5-19 the house;>
5-20 <(5) a psychologist or psychiatrist licensed to
5-21 practice in this state who specializes in treating adopted children
5-22 appointed by the lieutenant governor; and>
5-23 <(6) a representative of a private adoption agency
5-24 appointed by the speaker of the house.>
5-25 <(c) The commissioner shall set the time and place of the
6-1 first meeting.>
6-2 <(d) Committee members serve two-year terms and may be
6-3 reappointed for subsequent terms.>
6-4 <(e) The committee shall annually elect one member to serve
6-5 as chairman.>
6-6 <(f) The committee shall meet at least quarterly. Any
6-7 actions taken by the committee must be approved by a majority vote
6-8 of the members present.>
6-9 <(g) Members of the committee receive no compensation but
6-10 are entitled to reimbursement for actual and necessary expenses
6-11 incurred in performing their duties under this section.>
6-12 <(h) The department shall pay the expenses of the committee
6-13 and shall supply necessary personnel and supplies.>
6-14 <(i) The committee shall:>
6-15 <(1) monitor the postadoption services provided by the
6-16 department and the contracts issued for those services;>
6-17 <(2) study the costs and benefits provided by the
6-18 postadoption services;>
6-19 <(3) review the issues concerning adoptees and
6-20 adoptive families and develop appropriate policy recommendations
6-21 for the state; and>
6-22 <(4) submit a biennial report to the legislature not
6-23 later than February 1 of each odd-numbered year that includes the
6-24 results of the costs and benefits study, the policy recommendations
6-25 for the state, and committee recommendations to improve
7-1 postadoption services provided by the department.>
7-2 <SUBCHAPTER C. PLACEMENT OF CHILDREN>
7-3 Sec. 47.007 <47.041>. RACE OR ETHNICITY. The department, a
7-4 county child-care or welfare unit, or a licensed child-placing
7-5 <adoption> agency may not deny or delay placement of a child for
7-6 adoption or otherwise discriminate on the basis of the race or
7-7 ethnicity of the child or prospective adoptive parents.
7-8 SECTION 2. The Postadoption Services Advisory Committee
7-9 established by Section 47.032, Human Resources Code, is abolished.
7-10 SECTION 3. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.