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.