By: Moncrief S.B. No. 176
A BILL TO BE ENTITLED
AN ACT
1-1 relating to procedures affecting the parent-child relationship,
1-2 including the regulation of adoption procedures; creating offenses
1-3 and providing penalties.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 11.12, Family Code, as
1-6 amended by Chapter 371 and Chapter 1004, Acts of the 71st
1-7 Legislature, Regular Session, 1989, is amended to read as follows:
1-8 (b) The social study may <shall> be made by any state
1-9 agency, including the <Texas> Department of Protective and
1-10 Regulatory <Human> Services or any person appointed by the court.
1-11 The court shall <may> appoint an investigator to conduct the social
1-12 study required by this section who has the qualifications
1-13 established by the rules of the <Texas> Department of Protective
1-14 and Regulatory <Human> Services providing minimum qualifications
1-15 for persons who may conduct social studies. If the <Texas>
1-16 Department of Protective and Regulatory <Human> Services, or
1-17 another governmental agency, is appointed, the person who conducts
1-18 the investigation and makes the report must also have those
1-19 qualifications. A study made under this section shall comply with
1-20 the rules of the <Texas> Department of Protective and Regulatory
1-21 <Human> Services establishing minimum standards, guidelines, and
1-22 procedures for social studies <or the criteria established by the
1-23 court>. A study made under this section must also comply with the
2-1 minimum standards for child-placing agencies established by the
2-2 Department of Protective and Regulatory Services regardless of
2-3 whether the study is made by a child-placing agency or a person who
2-4 is not associated with a child-placing agency. This social study
2-5 shall contain any history of physical, sexual, or emotional abuse
2-6 suffered by the child. In a suit in which adoption is sought or
2-7 possession of or access to the child is an issue and in which the
2-8 <Texas> Department of Protective and Regulatory <Human> Services is
2-9 not a party or has no interest, the court shall appoint a private
2-10 agency or person to conduct the social study. In all adoptions a
2-11 copy of the social study shall be made available to the prospective
2-12 adoptive parents prior to a final decree of adoption. In a suit in
2-13 which a social study is ordered and in which the <Texas> Department
2-14 of Protective and Regulatory <Human> Services is not a party or has
2-15 no interest, the court may not appoint the department to conduct
2-16 the social study.
2-17 SECTION 2. Section 15.03, Family Code, is amended to read as
2-18 follows:
2-19 Sec. 15.03. AFFIDAVIT OF RELINQUISHMENT OF PARENTAL RIGHTS.
2-20 (a) An affidavit for voluntary relinquishment of parental rights
2-21 must be signed after the birth of the child by the parent, whether
2-22 or not a minor, whose parental rights are to be relinquished,
2-23 witnessed by two credible persons, and verified before any person
2-24 authorized to take oaths. An affidavit for voluntary
2-25 relinquishment of parental rights for adoption shall not be signed
3-1 by the parent sooner than 48 hours after the birth of the child.
3-2 An affidavit for voluntary relinquishment of parental rights
3-3 designating as the managing conservator the Department of
3-4 Protective and Regulatory Services or an agency licensed or
3-5 certified by the department to place children for adoption may be
3-6 signed sooner than 48 hours after the birth of the child if the
3-7 affidavit contains a waiver of the right to the 48-hour waiting
3-8 period and a statement of the parent's reason for waiving the right
3-9 to the preferred 48-hour waiting period, but under no circumstances
3-10 may the affidavit be signed sooner than 24 hours after the birth of
3-11 the child.
3-12 (b) The affidavit must contain:
3-13 (1) the name, address, and age of the parent whose
3-14 parental rights are being relinquished;
3-15 (2) the name, age, and birthdate of the child;
3-16 (3) the names and addresses of the guardians of the
3-17 person and estate of the child, if any;
3-18 (4) a statement that the affiant is or is not
3-19 presently obligated by court order to make payments for the support
3-20 of the child;
3-21 (5) a full description and statement of value of all
3-22 property owned or possessed by the child;
3-23 (6) allegations that termination of the parent-child
3-24 relationship is in the best interest of the child;
3-25 (7) one of the following, as applicable:
4-1 (A) the name and address of the other parent;
4-2 (B) a statement that the parental rights of the
4-3 other parent have been terminated by death or court order; or
4-4 (C) a statement that the child has no presumed
4-5 father and that an affidavit of status of child has been executed
4-6 as provided by Section 15.04 of this code;
4-7 (8) a statement that the parent has been informed of
4-8 his parental rights, powers, duties, and privileges; <and>
4-9 (9) a statement that the relinquishment is revocable,
4-10 or that the relinquishment is irrevocable, or that the
4-11 relinquishment is irrevocable for a stated period of time;
4-12 (10) a statement that the affiant has been advised of
4-13 the existence of the central registry as defined by Section 49.002,
4-14 Human Resources Code;
4-15 (11) a statement that the affiant has been advised of
4-16 the right to register with the central registry under Chapter 49,
4-17 Human Resources Code, or any adoption registry operated by an
4-18 agency authorized by the Department of Protective and Regulatory
4-19 Services to place children for adoption; and
4-20 (12) a statement that the affiant is aware of the
4-21 right to wait at least 48 hours after the birth of the child prior
4-22 to signing the affidavit of voluntary relinquishment of parental
4-23 rights.
4-24 (c) The affidavit may contain:
4-25 (1) a designation of any qualified person, the <Texas>
5-1 Department of Protective and Regulatory <Human> Services, or any
5-2 authorized agency as managing conservator of the child;
5-3 (2) a waiver of process in a suit to terminate the
5-4 parent-child relationship brought under Section 15.02(1)(K) of this
5-5 code, or in a suit to terminate joined with a petition for adoption
5-6 under Section 16.03(b) of this code; and
5-7 (3) a consent to the placement of the child for
5-8 adoption by the <Texas> Department of Protective and Regulatory
5-9 <Human> Services or by an agency authorized by the department
5-10 <Texas Department of Human Services> to place children for
5-11 adoption.
5-12 (d) An affidavit of relinquishment of parental rights which
5-13 designates as the managing conservator of the child the <Texas>
5-14 Department of Protective and Regulatory <Human> Services or an
5-15 agency authorized by the department <Texas Department of Human
5-16 Services> to place children for adoption is irrevocable. Any other
5-17 affidavit of relinquishment is revocable unless it expressly
5-18 provides that it is irrevocable for a stated period of time not to
5-19 exceed 60 days after the date of its execution.
5-20 SECTION 3. Chapter 15, Family Code, is amended by adding
5-21 Section 15.042 to read as follows:
5-22 Sec. 15.042. SOCIAL STUDY REQUIRED FOR PENDING ADOPTION.
5-23 (a) Except as provided by Subsection (c) of this section, a court
5-24 may not terminate the parent-child relationship between a child and
5-25 a parent of the child or appoint a managing conservator of a child
6-1 under this chapter unless the court receives a social study
6-2 concerning the person who may adopt the child.
6-3 (b) The social study required in Subsection (a) of this
6-4 section must be received by the court prior to appointing the
6-5 managing conservator and prior to the child physically residing
6-6 with the managing conservator or person seeking to adopt the child.
6-7 (c) This section does not apply to a proceeding in which the
6-8 court appoints the parent of the child; the child's stepparent,
6-9 grandparent, aunt, or uncle by birth, marriage, or prior adoption;
6-10 an authorized agency; or the Department of Protective and
6-11 Regulatory Services as the managing conservator of the child.
6-12 SECTION 4. Section 16.031, Family Code, is amended to read
6-13 as follows:
6-14 Sec. 16.031. Social Study<: Time for Hearing>. (a) In a
6-15 suit affecting the parent-child relationship in which an adoption
6-16 is sought, the court shall order the making of a social study as
6-17 provided in Section 11.12 of this code <and shall set a date for
6-18 its filing>.
6-19 (b) Unless the petitioner has received the child for
6-20 adoption from an authorized agency or the Department of Protective
6-21 and Regulatory Services, a petitioner may not be appointed as a
6-22 managing conservator of a child or receive a child to reside in a
6-23 home for adoption until a social study has been received by the
6-24 court as required by Section 15.042 of this code.
6-25 (c) The report of a social study made under this section
7-1 must include the results of an investigation of the criminal
7-2 history information record under Section 22.006, Human Resources
7-3 Code, requested by the person or agency conducting the social study
7-4 for each petitioner seeking to adopt the child and each adult who
7-5 resides in the home in which the child may be placed. <The court
7-6 shall set the date for the hearing on the adoption at a time not
7-7 later than 60 days, nor earlier than 40 days, after the date on
7-8 which the investigator is appointed. For good cause shown, the
7-9 court may set the hearing at any time that provides adequate time
7-10 for filing the report of the study.>
7-11 SECTION 5. Subchapter A, Chapter 16, Family Code, is amended
7-12 by adding Section 16.033 to read as follows:
7-13 Sec. 16.033. ILLEGAL CHILD-PLACEMENT ACTIVITY. (a) A
7-14 person commits an offense if the person plans for the adoptive
7-15 placement of a child or places a child for adoption unless the
7-16 person is a parent or guardian of the child or a licensed
7-17 child-placing agency.
7-18 (b) An offense under this section is a Class A misdemeanor,
7-19 unless the person has been convicted previously under this section,
7-20 in which event the offense is a felony of the third degree.
7-21 (c) In this section, "child-placing agency" has the meaning
7-22 assigned to that term by Section 42.002(12), Human Resources Code.
7-23 SECTION 6. Subsection (a), Section 22.006, Human Resources
7-24 Code, is amended to read as follows:
7-25 (a) Subject to the availability of funds appropriated by the
8-1 legislature, the department is entitled to obtain criminal history
8-2 information records maintained by the Department of Public Safety,
8-3 the Federal Bureau of Investigation identification division, or
8-4 another law enforcement agency to investigate:
8-5 (1) owners and employees of, and applicants for
8-6 employment at, a child-care facility licensed, registered, or
8-7 certified or applying for a license, registration, or certification
8-8 under Chapter 42 of this code;
8-9 (2) residents of a registered family home, excluding
8-10 children in the home's care and the parents of the children;
8-11 (3) a person providing or applying to provide adoptive
8-12 or foster care for children in the care of the department and other
8-13 adults living with that person in the residence in which the child
8-14 will reside;
8-15 (4) a department employee who is engaged in the direct
8-16 delivery of protective services to children, elderly persons, or
8-17 persons with a disability on the date the department implements
8-18 this section;
8-19 (5) a person applying for a position with the
8-20 department, the duties of which include direct delivery of
8-21 protective services to children, elderly persons, or persons with a
8-22 disability;
8-23 (6) a volunteer or person applying as a volunteer with
8-24 a local affiliate in this state of Big Brothers/Big Sisters of
8-25 America or of a program known as "I Have a Dream/Houston";
9-1 (7) a person employed by a business entity which
9-2 provides in-home respite care of children with temporary illnesses;
9-3 (8) a person employed by a home health agency;
9-4 (9) a volunteer or person applying as a volunteer with
9-5 an organization which provides court-appointed special advocates
9-6 for abused or neglected children;
9-7 (10) a person who is the subject of a report the
9-8 department receives alleging that the person has abused or
9-9 neglected a child, elderly persons, or persons with a disability,
9-10 provided that report has proven to have merit after investigation;
9-11 <or>
9-12 (11) a relative providing or applying to provide
9-13 in-home care for a child in the care of the department and other
9-14 adults living with that relative in the residence in which the
9-15 child will reside; or
9-16 (12) a person seeking to adopt a child and each adult
9-17 who resides in the home in which the child may be placed for the
9-18 purposes of a social study ordered under Section 16.031, Family
9-19 Code, provided that, if the applicant or any adult living in the
9-20 applicant's home has resided in this state for less than five
9-21 years, that person must provide the criminal history information
9-22 record from the state or states of residence for the previous 10
9-23 years.
9-24 SECTION 7. Subsection (a), Section 25.08, Penal Code, is
9-25 amended to read as follows:
10-1 (a) A person commits an offense if he:
10-2 (1) possesses a child younger than 18 years of age or
10-3 has the custody, conservatorship, or guardianship of a child
10-4 younger than 18 years of age, whether or not he has actual
10-5 possession of the child, and he offers to accept, agrees to accept,
10-6 or accepts a thing of value for the delivery of the child to
10-7 another or for the possession of the child by another for purposes
10-8 of adoption; <or>
10-9 (2) offers to give, agrees to give, or gives a thing
10-10 of value to another for acquiring or maintaining the possession of
10-11 a child for the purpose of adoption; or
10-12 (3) exchanges or offers or agrees to exchange a thing
10-13 of value for the referral of a person who may wish to relinquish a
10-14 child for the purpose of adoption.
10-15 SECTION 8. Chapter 25, Penal Code, is amended by adding
10-16 Section 25.09 to read as follows:
10-17 Sec. 25.09. ADVERTISING FOR PLACEMENT OF A MINOR. (a) A
10-18 person commits an offense if the person:
10-19 (1) advertises in the public media that the person
10-20 will place a minor for adoption or will accept, provide, or obtain
10-21 a minor for adoption; or
10-22 (2) causes an advertisement to be published in the
10-23 public media that solicits or requests a minor for adoption.
10-24 (b) This section does not apply to a licensed child-placing
10-25 agency identified in the advertisement as such.
11-1 (c) An offense under this section is a Class A misdemeanor
11-2 unless the person has been convicted previously under this section,
11-3 in which event the offense is a felony of the third degree.
11-4 SECTION 9. Sections 1, 3, and 4 of this Act apply only to a
11-5 suit affecting the parent-child relationship in which a hearing on
11-6 the merits has not been held before the effective date of this Act,
11-7 without regard to whether the suit is filed before, on, or after
11-8 the effective date of this Act.
11-9 SECTION 10. This Act takes effect September 1, 1995.
11-10 SECTION 11. The importance of this legislation and the
11-11 crowded condition of the calendars in both houses create an
11-12 emergency and an imperative public necessity that the
11-13 constitutional rule requiring bills to be read on three several
11-14 days in each house be suspended, and this rule is hereby suspended.