1-1 By: Moncrief S.B. No. 161
1-2 (In the Senate - Filed January 3, 1995; January 17, 1995,
1-3 read first time and referred to Committee on Health and Human
1-4 Services; March 29, 1995, reported favorably by the following vote:
1-5 Yeas 8, Nays 0; March 29, 1995, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to adoption services.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Chapter 47, Human Resources Code, is amended to
1-11 read as follows:
1-12 CHAPTER 47. ADOPTION SERVICES BY THE DEPARTMENT OF
1-13 PROTECTIVE AND REGULATORY SERVICES
1-14 <SUBCHAPTER A. SERVICES FOR HARD-TO-PLACE CHILDREN>
1-15 Section
1-16 47.001. Definitions <Definition>.
1-17 47.002. Adoption Assistance <Services> Program.
1-18 47.003. Dissemination of Information.
1-19 47.004. Financial and Medical Assistance.
1-20 47.005. Funds.
1-21 <SUBCHAPTER B. POSTADOPTION SERVICES>
1-22 47.006 <47.031>. Provision of Postadoption Services.
1-23 <47.032. Postadoption Services Advisory Committee.>
1-24 <SUBCHAPTER C. PLACEMENT OF CHILDREN>
1-25 47.007 <47.041>. Race or Ethnicity.
1-26 <SUBCHAPTER A. SERVICES FOR HARD TO PLACE CHILDREN>
1-27 Sec. 47.001. DEFINITIONS <DEFINITION>. In this chapter:
1-28 (1) "Child"<, "hard-to-place child"> means a child who
1-29 cannot be placed for adoption with appropriate adoptive parents
1-30 without the provision of adoption assistance due to specific
1-31 factors including ethnic background, age, or membership in a
1-32 minority or sibling group, the presence of a medical condition, or
1-33 a physical, mental, or emotional disability <is:>
1-34 <(1) three years of age or older; or who is>
1-35 <(2) difficult to place in an adoptive home because of
1-36 age, race, color, ethnic background, language, or physical, mental,
1-37 or emotional handicap; or>
1-38 <(3) a member of a sibling group that should be placed
1-39 in the same home>.
1-40 (2) "Department" means the Department of Protective
1-41 and Regulatory Services.
1-42 (3) "Adoption assistance agreement" means a written
1-43 agreement, binding on the parties to the agreement, between the
1-44 department and the prospective adoptive parents which specifies the
1-45 nature and amount of any payment, services, and assistance to be
1-46 provided under such agreement and stipulates that the agreement
1-47 shall remain in effect regardless of the state of which the
1-48 adoptive parents are residents at any given time.
1-49 Sec. 47.002. ADOPTION ASSISTANCE <SERVICES> PROGRAM.
1-50 (a) The department shall administer a program designed to promote
1-51 the adoption of <hard-to-place> children by providing information
1-52 to prospective adoptive parents concerning the availability and
1-53 needs of the <relinquished> children, assisting the parents in
1-54 completing the adoption process, and providing adoption <financial>
1-55 assistance necessary for the parents to adopt the children. The
1-56 legislature intends that the program benefit <hard-to-place>
1-57 children residing in foster homes at state or county expense by
1-58 providing them with the stability and security of permanent homes
1-59 and that the costs paid by the state and counties for foster home
1-60 care for the children be reduced.
1-61 (b) The program shall be carried out by licensed
1-62 child-placing <adoption> agencies or county child-care or welfare
1-63 units pursuant to rules adopted by the department.
1-64 (c) The department shall keep records necessary to evaluate
1-65 the program's effectiveness in encouraging and promoting the
1-66 adoption of <hard-to-place> children.
1-67 Sec. 47.003. DISSEMINATION OF INFORMATION. The department,
1-68 county child-care or welfare units, and licensed child-placing
2-1 <adoption> agencies shall disseminate information to prospective
2-2 adoptive parents concerning the availability and needs of children
2-3 for adoption <of hard-to-place children> and the existence of
2-4 adoption <financial> assistance for parents who adopt them.
2-5 Special effort shall be made to disseminate the information to
2-6 families that have lower income levels or that belong to
2-7 disadvantaged groups.
2-8 Sec. 47.004. FINANCIAL AND MEDICAL ASSISTANCE. (a) The
2-9 department shall enter into adoption assistance agreements with the
2-10 adoptive parents of a child as authorized under Part E of Title IV
2-11 of the Social Security Act (42 U.S.C. Section 673) <Adoption fees
2-12 for a hard-to-place child may be waived>.
2-13 (b) The adoption of a <hard-to-place> child may be
2-14 subsidized by the department <an amount not exceeding the amount
2-15 that would be paid for foster home care for the child if not
2-16 adopted>. The need for and the amount of the subsidy shall be
2-17 determined by the department under its rules.
2-18 (c) In addition to the subsidy prescribed by Subsection (b)
2-19 of this section, the department may subsidize the cost of medical
2-20 care for a <hard-to-place> child. The department shall determine
2-21 the amount and need for the subsidy.
2-22 (d) The county may pay a subsidy under Subsection (b) or (c)
2-23 of this section if the county is responsible for the child's foster
2-24 <home> care at the time of the child's adoptive placement
2-25 <adoption>. <The state shall pay the subsidy if at the time of the
2-26 adoption the child is receiving aid under the department's aid to
2-27 families with dependent children program, and the state may pay the
2-28 subsidy if the department is managing conservator for the child.>
2-29 If the child is receiving supplemental security income from the
2-30 federal government, the state may pay the subsidy regardless of
2-31 whether the state is the managing conservator for the child.
2-32 Sec. 47.005. FUNDS. <(a)> The department and other state
2-33 agencies shall actively seek and use federal funds available for
2-34 the purposes of this chapter.
2-35 <(b) Gifts or grants from private sources for the purposes
2-36 of this chapter shall be used to support the program.>
2-37 <SUBCHAPTER B. POSTADOPTION SERVICES>
2-38 Sec. 47.006 <47.031>. PROVISION OF POSTADOPTION SERVICES.
2-39 The department may provide services after adoption to adoptees and
2-40 adoptive families to whom the department provided services before
2-41 adoption. The department may provide the services directly or
2-42 through contract. The services may include financial assistance,
2-43 respite care, placement services, parenting programs, support
2-44 groups, counseling services, crisis intervention, and medical aid.
2-45 <Sec. 47.032. POSTADOPTION SERVICES ADVISORY COMMITTEE.
2-46 (a) The Postadoption Services Advisory Committee is established.>
2-47 <(b) The committee is composed of:>
2-48 <(1) a representative of the department appointed by
2-49 the commissioner;>
2-50 <(2) a representative of the Texas Department of
2-51 Mental Health and Mental Retardation appointed by the commissioner
2-52 of mental health and mental retardation;>
2-53 <(3) an adoptive parent appointed by the lieutenant
2-54 governor;>
2-55 <(4) an adoptive parent appointed by the speaker of
2-56 the house;>
2-57 <(5) a psychologist or psychiatrist licensed to
2-58 practice in this state who specializes in treating adopted children
2-59 appointed by the lieutenant governor; and>
2-60 <(6) a representative of a private adoption agency
2-61 appointed by the speaker of the house.>
2-62 <(c) The commissioner shall set the time and place of the
2-63 first meeting.>
2-64 <(d) Committee members serve two-year terms and may be
2-65 reappointed for subsequent terms.>
2-66 <(e) The committee shall annually elect one member to serve
2-67 as chairman.>
2-68 <(f) The committee shall meet at least quarterly. Any
2-69 actions taken by the committee must be approved by a majority vote
2-70 of the members present.>
3-1 <(g) Members of the committee receive no compensation but
3-2 are entitled to reimbursement for actual and necessary expenses
3-3 incurred in performing their duties under this section.>
3-4 <(h) The department shall pay the expenses of the committee
3-5 and shall supply necessary personnel and supplies.>
3-6 <(i) The committee shall:>
3-7 <(1) monitor the postadoption services provided by the
3-8 department and the contracts issued for those services;>
3-9 <(2) study the costs and benefits provided by the
3-10 postadoption services;>
3-11 <(3) review the issues concerning adoptees and
3-12 adoptive families and develop appropriate policy recommendations
3-13 for the state; and>
3-14 <(4) submit a biennial report to the legislature not
3-15 later than February 1 of each odd-numbered year that includes the
3-16 results of the costs and benefits study, the policy recommendations
3-17 for the state, and committee recommendations to improve
3-18 postadoption services provided by the department.>
3-19 <SUBCHAPTER C. PLACEMENT OF CHILDREN>
3-20 Sec. 47.007 <47.041>. RACE OR ETHNICITY. The department, a
3-21 county child-care or welfare unit, or a licensed child-placing
3-22 <adoption> agency may not deny or delay placement of a child for
3-23 adoption or otherwise discriminate on the basis of the race or
3-24 ethnicity of the child or prospective adoptive parents.
3-25 SECTION 2. The Postadoption Services Advisory Committee
3-26 established by Section 47.032, Human Resources Code, is abolished.
3-27 SECTION 3. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
3-31 days in each house be suspended, and this rule is hereby suspended,
3-32 and that this Act take effect and be in force from and after its
3-33 passage, and it is so enacted.
3-34 * * * * *