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.