By Goodman, Naishtat, Allen, et al. H.B. No. 1091
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the parent-child relationship, including suits
1-3 affecting the parent-child relationship, the establishment of
1-4 paternity, the termination of the parent-child relationship, and
1-5 the adoption of children; providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Section 102.009(a), Family Code, is amended to
1-8 read as follows:
1-9 (a) Except as provided by Subsection (b), the following are
1-10 entitled to service of citation on the filing of a petition in an
1-11 original suit:
1-12 (1) a managing conservator;
1-13 (2) a possessory conservator;
1-14 (3) a person having possession of or access to the
1-15 child under an order;
1-16 (4) a person required by law or by order to provide
1-17 for the support of the child;
1-18 (5) a guardian of the person of the child;
1-19 (6) a guardian of the estate of the child;
1-20 (7) each parent as to whom the parent-child
1-21 relationship has not been terminated or process has not been waived
1-22 under Chapter 161;
1-23 (8) an alleged father, unless there is attached to the
1-24 petition an affidavit of waiver of interest in a child executed by
2-1 the alleged father as provided by Chapter 161 or unless the
2-2 petitioner has complied with the provisions of Section
2-3 161.002(b)(2) or (b)(3); [and]
2-4 (9) a man who has filed a notice of intent to claim
2-5 paternity as provided by Subchapter D, Chapter 160; and
2-6 (10) the Department of Protective and Regulatory
2-7 Services, if the petition requests that the department be appointed
2-8 as managing conservator of the child.
2-9 SECTION 2. Section 102.011(b), Family Code, is amended to
2-10 read as follows:
2-11 (b) The court may also exercise personal jurisdiction over a
2-12 person on whom service of citation is required or over the person's
2-13 personal representative, although the person is not a resident or
2-14 domiciliary of this state, if:
2-15 (1) the person is personally served with citation in
2-16 this state;
2-17 (2) the person submits to the jurisdiction of this
2-18 state by consent, by entering a general appearance, or by filing a
2-19 responsive document having the effect of waiving any contest to
2-20 personal jurisdiction;
2-21 (3) the child resides in this state as a result of the
2-22 acts or directives of the person;
2-23 (4) the person resided with the child in this state;
2-24 (5) the person resided in this state and provided
2-25 prenatal expenses or support for the child;
2-26 (6) the person engaged in sexual intercourse in this
2-27 state and the child may have been conceived by that act of
3-1 intercourse; [or]
3-2 (7) the person registered with the paternity registry
3-3 maintained by the bureau of vital statistics as provided by Chapter
3-4 160; or
3-5 (8) there is any basis consistent with the
3-6 constitutions of this state and the United States for the exercise
3-7 of the personal jurisdiction.
3-8 SECTION 3. Section 103.001, Family Code, is amended by
3-9 amending Subsection (c) and adding Subsection (d) to read as
3-10 follows:
3-11 (c) A child resides in the county where the child's parents
3-12 have resided for not less than 90 days [reside] or the child's
3-13 parent has resided for not less than 90 days [resides], if only one
3-14 parent is living, except that:
3-15 (1) if a guardian of the person has been appointed by
3-16 order of a county or probate court and a managing conservator has
3-17 not been appointed, the child resides in the county where the
3-18 guardian of the person has resided for not less than 90 days
3-19 [resides];
3-20 (2) if the parents of the child do not reside in the
3-21 same county and if a managing conservator, custodian, or guardian
3-22 of the person has not been appointed, the child resides in the
3-23 county where the parent having actual care, control, and possession
3-24 of the child has resided for not less than 90 days [resides];
3-25 (3) if the child is in the care and control of an
3-26 adult other than a parent and a managing conservator, custodian, or
3-27 guardian of the person has not been appointed, the child resides
4-1 where the adult having actual care, control, and possession of the
4-2 child has resided for not less than 90 days [resides];
4-3 (4) if the child is in the actual care, control, and
4-4 possession of an adult other than a parent and the whereabouts of
4-5 the parent and the guardian of the person is unknown, the child
4-6 resides where the adult having actual possession, care, and control
4-7 of the child has resided for not less than 90 days [resides];
4-8 (5) if the person whose residence would otherwise
4-9 determine venue has left the child in the care and control of the
4-10 adult, the child resides where that adult has resided for not less
4-11 than 90 days [resides];
4-12 (6) if a guardian or custodian of the child has been
4-13 appointed by order of a court of another state or country, the
4-14 child resides in the county where the guardian or custodian has
4-15 resided for not less than 90 days [resides] if that person resides
4-16 in this state; or
4-17 (7) if it appears that the child is not under the
4-18 actual care, control, and possession of an adult, the child resides
4-19 where the child is found.
4-20 (d) If a person whose residence is used to establish the
4-21 residence of a child under Subsection (c) has not resided
4-22 continuously for 90 days in a single county during the preceding
4-23 year, the county in which the child resides is the county in which
4-24 the person has resided for the longest period during the preceding
4-25 year.
4-26 SECTION 4. Section 107.013, Family Code, is amended to read
4-27 as follows:
5-1 Sec. 107.013. MANDATORY APPOINTMENT OF ATTORNEY AD LITEM FOR
5-2 [INDIGENT] PARENT. (a) In a suit in which termination of the
5-3 parent-child relationship is requested, the court shall appoint an
5-4 attorney ad litem to represent the interests of:
5-5 (1) an [each] indigent parent of the child who
5-6 responds in opposition to the termination;
5-7 (2) a parent served by citation by publication;
5-8 (3) an alleged father who failed to register with the
5-9 registry under Subchapter D, Chapter 160, and whose identity or
5-10 location is unknown; and
5-11 (4) an alleged father who registered with the
5-12 paternity registry under Subchapter D, Chapter 160, but the
5-13 petitioner's attempt to personally serve citation at the address
5-14 provided to the registry and at any other address for the alleged
5-15 father known by the petitioner has been unsuccessful.
5-16 (b) If both parents of the child are entitled to the
5-17 appointment of an attorney ad litem under this section [indigent
5-18 and oppose termination] and the court finds that the interests of
5-19 the parents are not in conflict, the court may appoint a single
5-20 attorney ad litem to represent the interests of both parents.
5-21 SECTION 5. Section 153.434, Family Code, is amended to read
5-22 as follows:
5-23 Sec. 153.434. Limitation on Right to Request Access. A
5-24 biological or adoptive grandparent may not request possession of or
5-25 access to a grandchild if:
5-26 (1) the grandparent is a parent of a person whose
5-27 parental rights with the child have been terminated by court order
6-1 or by death; or [and]
6-2 (2) the grandparent is a parent of a person who has
6-3 executed an affidavit of waiver of interest in child or an
6-4 affidavit of relinquishment of parental rights under Chapter 161
6-5 and the affidavit designates an authorized agency, licensed
6-6 child-placing agency, or person other than the child's stepparent
6-7 as the managing conservator of the child; and
6-8 (3) the other biological parent has died, has executed
6-9 an affidavit of waiver of interest in child or an affidavit of
6-10 relinquishment of parental rights under Chapter 161, or has had
6-11 that parent's parental rights terminated and the grandchild has
6-12 been adopted by a person other than the child's stepparent.
6-13 SECTION 6. Section 159.201, Family Code, is amended to read
6-14 as follows:
6-15 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
6-16 proceeding to establish, enforce, or modify a support order or to
6-17 determine parentage, a tribunal of this state may exercise personal
6-18 jurisdiction over a nonresident individual or the individual's
6-19 guardian or conservator if:
6-20 (1) the individual is personally served with citation
6-21 in this state;
6-22 (2) the individual submits to the jurisdiction of this
6-23 state by consent, by entering a general appearance, or by filing a
6-24 responsive document having the effect of waiving any contest to
6-25 personal jurisdiction;
6-26 (3) the individual resided with the child in this
6-27 state;
7-1 (4) the individual resided in this state and provided
7-2 prenatal expenses or support for the child;
7-3 (5) the child resides in this state as a result of the
7-4 acts or directives of the individual;
7-5 (6) the individual engaged in sexual intercourse in
7-6 this state and the child may have been conceived by that act of
7-7 intercourse; [or]
7-8 (7) the individual asserted parentage in the paternity
7-9 registry maintained in this state by the bureau of vital
7-10 statistics; or
7-11 (8) there is any other basis consistent with the
7-12 constitutions of this state and the United States for the exercise
7-13 of personal jurisdiction.
7-14 SECTION 7. Chapter 160, Family Code, is amended by adding
7-15 Subchapter D to read as follows:
7-16 SUBCHAPTER D. PATERNITY REGISTRY
7-17 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
7-18 of vital statistics shall establish a paternity registry.
7-19 (b) The bureau of vital statistics shall administer the
7-20 registry to:
7-21 (1) protect the parental rights of fathers who
7-22 affirmatively assume responsibility for children they may have
7-23 fathered; and
7-24 (2) expedite adoptions of children whose biological
7-25 fathers are unwilling to assume responsibility for their children
7-26 by registering with the registry or otherwise acknowledging their
7-27 children.
8-1 (c) The registry does not relieve a mother of the obligation
8-2 to identify the known father of her child.
8-3 (d) A man is not required to register with the paternity
8-4 registry if he:
8-5 (1) is presumed to be the biological father of a child
8-6 under Chapter 151; or
8-7 (2) has been adjudicated to be the biological father
8-8 of a child by a court of competent jurisdiction.
8-9 Sec. 160.252. REQUIRED INFORMATION. A man registering with
8-10 the registry shall provide:
8-11 (1) the name, last known address, driver's license
8-12 number, and social security number, if known, of the mother of the
8-13 child;
8-14 (2) the name of the child and the location and date of
8-15 birth of the child, if known, or the probable month and year of the
8-16 expected birth of the child;
8-17 (3) the man's name, address, driver's license number,
8-18 and social security number; and
8-19 (4) a statement in which the man claims to be the
8-20 father of the child identified by the man.
8-21 Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
8-22 registry shall record the name, address, driver's license number,
8-23 and social security number of a man who claims to be the father of
8-24 a child whose paternity has not been adjudicated by a court of
8-25 competent jurisdiction by giving notice of intent to claim
8-26 paternity, as provided by this subchapter.
8-27 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
9-1 sexual intercourse with a person of the opposite sex is deemed to
9-2 have knowledge that sexual intercourse can result in the woman's
9-3 pregnancy.
9-4 (b) Except as provided by this subchapter, a man who claims
9-5 to be the father of a child shall file a notice of intent to assert
9-6 as provided by this subchapter his right to establish paternity of
9-7 a child that may result from the sexual intercourse.
9-8 (c) Ignorance of a pregnancy is not a sufficient reason for
9-9 failing to register with the registry to claim paternity of the
9-10 child born of the pregnancy.
9-11 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
9-12 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
9-13 provided, the registry shall send a copy of the notice of intent to
9-14 claim paternity to the mother as notification that a man has
9-15 registered with the paternity registry claiming to be the father of
9-16 the mother's child.
9-17 (b) Information contained in the registry is confidential
9-18 and may be released on request only to:
9-19 (1) a court;
9-20 (2) the mother of a child;
9-21 (3) an authorized agency;
9-22 (4) a licensed child-placing agency;
9-23 (5) an attorney at law in this state who is
9-24 participating or assisting in a suit affecting the parent-child
9-25 relationship, including termination of the parent-child
9-26 relationship or a suit for the adoption of the child that the
9-27 registrant claims to have fathered; or
10-1 (6) any other person or entity the bureau of vital
10-2 statistics considers to have a legitimate interest in the
10-3 information.
10-4 (c) The registry shall furnish registry information by
10-5 electronic data exchange or any other means to the state's Title
10-6 IV-D agency and the Department of Protective and Regulatory
10-7 Services.
10-8 (d) A person commits an offense if the person intentionally
10-9 and unlawfully releases information from the registry to the public
10-10 or makes any other unlawful use of the information in violation of
10-11 this subchapter. An offense under this subsection is a Class B
10-12 misdemeanor.
10-13 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
10-14 Except as provided by Subsection (d), a person may register as
10-15 provided by this subchapter by filing a notice of intent to claim
10-16 paternity on a form provided by the bureau of vital statistics.
10-17 This form shall be signed and acknowledged before a notary public.
10-18 (b) The bureau shall make registration forms available to
10-19 all:
10-20 (1) hospitals and other birthing places in this state;
10-21 (2) licensed child-placing agencies;
10-22 (3) county and district clerks;
10-23 (4) municipal clerks;
10-24 (5) justices of the peace;
10-25 (6) jails;
10-26 (7) prisons; and
10-27 (8) facilities of the Texas Department of Criminal
11-1 Justice and Texas Youth Commission.
11-2 (c) A notice of intent to claim paternity may be filed
11-3 before the birth of the child but may not be filed after the 30th
11-4 day after the date of birth of the child.
11-5 (d) If the bureau of vital statistics has received from the
11-6 clerk of the court notice under Chapter 108 of a decree terminating
11-7 the parent-child relationship between the person applying to
11-8 register and the child, the bureau shall notify the person that the
11-9 person's parent-child relationship with the child has been
11-10 terminated and may not enter into the registry a notice of intent
11-11 to claim paternity filed by the person.
11-12 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
11-13 NOTIFICATION. (a) Not later than the 30th day after the date of
11-14 the receipt of notification from the bureau of vital statistics
11-15 that a notice of intent to claim paternity has been filed, the
11-16 mother of the child may deny the registrant's claim of paternity on
11-17 a form provided by the bureau and signed and acknowledged before a
11-18 notary public.
11-19 (b) If the mother denies that the registrant is the father
11-20 of the child, the bureau of vital statistics shall immediately
11-21 notify the registrant of the denial and of the registrant's right
11-22 to file a legal action to establish paternity.
11-23 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
11-24 Except as provided by Chapter 102 and Chapter 161, a man who fails
11-25 to file a notice of intent to claim paternity before the 30th day
11-26 after the date of the birth of the child may not assert an interest
11-27 in the child other than by filing a suit to establish paternity
12-1 before the termination of the man's parental rights.
12-2 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
12-3 (a) A man who files a notice of intent to claim paternity with the
12-4 registry shall promptly notify the registry in writing of any
12-5 change in the information, including a change of address.
12-6 (b) A man who files a notice of intent to claim paternity
12-7 may at any time revoke the notice by sending the registry a written
12-8 statement signed and acknowledged by the registrant before a notary
12-9 public. The statement must include a declaration that, to the best
12-10 of the registrant's knowledge and belief:
12-11 (1) the registrant is not the father of the named
12-12 child; or
12-13 (2) a court has adjudicated paternity and a person
12-14 other than the registrant has been determined to be the father of
12-15 the child.
12-16 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
12-17 On request, the bureau of vital statistics shall furnish a
12-18 certificate, signed by the state registrar of vital statistics,
12-19 attesting to the results of a search of the registry regarding a
12-20 notice of intent to claim paternity to:
12-21 (1) a court;
12-22 (2) the mother of a child;
12-23 (3) an authorized agency;
12-24 (4) a licensed child-placing agency;
12-25 (5) an attorney licensed to practice law in this state
12-26 who is participating or assisting in an adoption; or
12-27 (6) any other person or entity the bureau of vital
13-1 statistics considers to have a legitimate interest in the
13-2 information.
13-3 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
13-4 determines that a registrant is not the father of the child, the
13-5 court shall order the bureau of vital statistics to remove the
13-6 registrant's name from the registry. On receipt of an order for
13-7 the removal of a registrant's name, the bureau of vital statistics
13-8 shall remove the name from the registry.
13-9 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
13-10 for filing with the registry a notice of intent to claim paternity
13-11 of a child or a denial of a registrant's paternity.
13-12 (b) Except as provided by Subsection (c), the Texas
13-13 Department of Health may charge a fee for processing a search of
13-14 the paternity registry and for furnishing a certificate under
13-15 Section 160.260.
13-16 (c) The Department of Protective and Regulatory Services and
13-17 the Title IV-D agency are not required to pay a fee under
13-18 Subsection (b).
13-19 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
13-20 REGISTRY. Information maintained by the paternity registry is
13-21 admissible in a proceeding in a court or administrative tribunal of
13-22 this state for any purpose, including for the establishment of the
13-23 registrant's paternity or an action to terminate parental rights.
13-24 SECTION 8. Section 161.002, Family Code, is amended by
13-25 amending Subsection (b) and adding Subsections (c)-(f) to read as
13-26 follows:
13-27 (b) The rights of an alleged biological father may be
14-1 terminated if: [,]
14-2 (1) after being served with citation, he does not
14-3 respond by timely filing an admission of paternity or a
14-4 counterclaim for paternity under Chapter 160 prior to the final
14-5 hearing in the suit;
14-6 (2) he has not registered with the paternity registry
14-7 under Subchapter D, Chapter 160, and after the exercise of due
14-8 diligence by the petitioner:
14-9 (A) his identity and location are unknown; or
14-10 (B) his identity is known but he cannot be
14-11 located; or
14-12 (3) he has registered with the paternity registry
14-13 under Subchapter D, Chapter 160, but the petitioner's attempt to
14-14 personally serve citation at the address provided to the registry
14-15 and at any other address for the alleged father known by the
14-16 petitioner has been unsuccessful, despite the due diligence of the
14-17 petitioner.
14-18 (c) The termination of the rights of an alleged biological
14-19 father under Subsection (b)(2) does not require personal service of
14-20 citation or citation by publication on the alleged father.
14-21 (d) The termination of rights of an alleged biological
14-22 father under Subsection (b)(3) does not require service of citation
14-23 by publication on the alleged father.
14-24 (e) The court shall not render an order terminating parental
14-25 rights under Subsection (b)(2) unless the court, after reviewing
14-26 the petitioner's sworn affidavit describing the petitioner's effort
14-27 to identify and locate the alleged biological father and
15-1 considering any evidence submitted by the attorney ad litem for the
15-2 alleged biological father, has found that the petitioner exercised
15-3 due diligence in attempting to identify and locate the alleged
15-4 biological father. The order shall contain specific findings
15-5 regarding due diligence of the petitioner.
15-6 (f) The court shall not render an order terminating parental
15-7 rights under Subsection (b)(3) unless the court, after reviewing
15-8 the petitioner's sworn affidavit describing the petitioner's effort
15-9 to obtain personal service of citation on the alleged father and
15-10 considering any evidence submitted by the attorney ad litem for the
15-11 alleged father, has found that the petitioner exercised due
15-12 diligence in attempting to obtain service on the alleged father.
15-13 The order shall contain specific findings regarding the exercise of
15-14 due diligence of the petitioner.
15-15 SECTION 9. Subchapter A, Chapter 161, Family Code, is
15-16 amended by adding Section 161.007 to read as follows:
15-17 Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
15-18 CRIMINAL ACT. The court may order the termination of the
15-19 parent-child relationship of a parent and a child if the court
15-20 finds that:
15-21 (1) the parent has been convicted of an offense
15-22 committed under Section 22.011, 22.021, or 25.02, Penal Code;
15-23 (2) as a direct result of the commission of the
15-24 offense by the parent, the victim of the offense became pregnant
15-25 with the parent's child; and
15-26 (3) termination is in the best interest of the child.
15-27 SECTION 10. Section 161.103, Family Code, is amended to read
16-1 as follows:
16-2 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
16-3 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
16-4 parental rights must be:
16-5 (1) signed after the birth of the child, but not
16-6 before 48 hours after the birth of the child, by the parent,
16-7 whether or not a minor, whose parental rights are to be
16-8 relinquished;
16-9 (2) witnessed by two credible persons; and
16-10 (3) verified before a person authorized to take oaths.
16-11 (b) The affidavit must contain:
16-12 (1) the name, address, and age of the parent whose
16-13 parental rights are being relinquished;
16-14 (2) the name, age, and birth date of the child;
16-15 (3) the names and addresses of the guardians of the
16-16 person and estate of the child, if any;
16-17 (4) a statement that the affiant is or is not
16-18 presently obligated by court order to make payments for the support
16-19 of the child;
16-20 (5) a full description and statement of value of all
16-21 property owned or possessed by the child;
16-22 (6) an allegation that termination of the parent-child
16-23 relationship is in the best interest of the child;
16-24 (7) one of the following, as applicable:
16-25 (A) the name and address of the other parent;
16-26 (B) a statement that the parental rights of the
16-27 other parent have been terminated by death or court order; or
17-1 (C) a statement that the child has no presumed
17-2 father and that an affidavit of status of the child has been
17-3 executed as provided by this chapter;
17-4 (8) a statement that the parent has been informed of
17-5 parental rights and duties; [and]
17-6 (9) a statement that the relinquishment is revocable,
17-7 that the relinquishment is irrevocable, or that the relinquishment
17-8 is irrevocable for a stated period of time;
17-9 (10) if the relinquishment is revocable, a statement
17-10 in boldfaced type concerning the right of the parent signing the
17-11 affidavit to revoke the relinquishment only if the revocation is
17-12 made before the 11th day after the date the affidavit is executed;
17-13 (11) if the relinquishment is revocable, the name and
17-14 address of a person to whom the revocation is to be delivered; and
17-15 (12) the [.]
17-16 [(c) The affidavit may contain:]
17-17 [(1) a] designation of a prospective adoptive parent
17-18 [qualified person], the Department of Protective and Regulatory
17-19 Services, if the department has consented in writing to the
17-20 designation, or a licensed child-placing agency to serve as
17-21 managing conservator of the child and the address of the person or
17-22 agency.[;]
17-23 (c) The affidavit may contain:
17-24 (1) [(2)] a waiver of process in a suit to terminate
17-25 the parent-child relationship filed under this chapter or in a suit
17-26 to terminate joined with a petition for adoption; and
17-27 (2) [(3)] a consent to the placement of the child for
18-1 adoption by the Department of Protective and Regulatory Services or
18-2 by a licensed child-placing agency.
18-3 (d) A copy of the affidavit shall be provided to the parent
18-4 at the time the parent signs the affidavit.
18-5 (e) The relinquishment in an [An] affidavit that [of
18-6 relinquishment of parental rights is irrevocable if it] designates
18-7 the Department of Protective and Regulatory Services or a licensed
18-8 child-placing agency to serve as the managing conservator is
18-9 irrevocable. A relinquishment in any [Any] other affidavit of
18-10 relinquishment is revocable unless it expressly provides that it is
18-11 irrevocable for a stated period of time not to exceed 60 days after
18-12 the date of its execution.
18-13 (f) A relinquishment in an affidavit of relinquishment of
18-14 parental rights that fails to state that the relinquishment is
18-15 irrevocable for a stated time is revocable as provided by Section
18-16 161.1035.
18-17 (g) To revoke a relinquishment under Subsection (e) the
18-18 parent must sign a statement witnessed by two credible persons and
18-19 verified before a person authorized to take oaths. A copy of the
18-20 revocation shall be delivered to the person designated in the
18-21 affidavit. If a parent attempting to revoke a relinquishment under
18-22 this subsection has knowledge that a suit for termination of the
18-23 parent-child relationship has been filed based on the parent's
18-24 affidavit of relinquishment of parental rights, the parent shall
18-25 file a copy of the revocation with the clerk of the court.
18-26 SECTION 11. Subchapter B, Chapter 161, Family Code, is
18-27 amended by adding Section 161.1035 to read as follows:
19-1 Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An
19-2 affidavit of relinquishment of parental rights or affidavit of
19-3 waiver of interest in a child that fails to state that the
19-4 relinquishment or waiver is irrevocable for a stated time is:
19-5 (1) revocable only if the revocation is made before
19-6 the 11th day after the date the affidavit is executed; and
19-7 (2) irrevocable on or after the 11th day after the
19-8 date the affidavit is executed.
19-9 SECTION 12. Section 161.106, Family Code, is amended by
19-10 adding Subsections (f)-(j) to read as follows:
19-11 (f) A waiver in an affidavit under this section that
19-12 designates the Department of Protective and Regulatory Services or
19-13 a licensed child-placing agency to serve as the managing
19-14 conservator is irrevocable. A waiver in any other affidavit under
19-15 this section is revocable unless it expressly provides that it is
19-16 irrevocable for a stated period not to exceed 60 days after the
19-17 date of execution.
19-18 (g) A waiver in an affidavit under this section that fails
19-19 to state that the waiver is irrevocable for a stated time is
19-20 revocable as provided by Section 161.1035.
19-21 (h) An affidavit under this section that contains a waiver
19-22 that is revocable must contain:
19-23 (1) a statement in boldfaced type concerning the right
19-24 of the person who executed the affidavit to revoke the affidavit
19-25 only if the revocation is made before the 11th day after the date
19-26 the affidavit is executed; and
19-27 (2) the name and address of the person to whom the
20-1 revocation is to be delivered.
20-2 (i) A copy of the affidavit shall be provided to the person
20-3 who executed the affidavit at the time the person signs the
20-4 affidavit.
20-5 (j) To revoke a waiver, the person who executed the
20-6 affidavit must sign a statement witnessed by two credible persons
20-7 and verified before a person authorized to take oaths. A copy of
20-8 the revocation shall be delivered to the person designated in the
20-9 affidavit of waiver of interest in a child. If a person attempting
20-10 to revoke an affidavit under this subsection has knowledge that a
20-11 suit for termination of the parent-child relationship based on the
20-12 person's waiver of interest in a child has been filed, the person
20-13 shall file a copy of the revocation with the clerk of the court.
20-14 SECTION 13. Subchapter B, Chapter 161, Family Code, is
20-15 amended by adding Sections 161.108 and 161.109 to read as follows:
20-16 Sec. 161.108. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
20-17 CENTER. (a) Before or at the time an affidavit of relinquishment
20-18 of parental rights under Section 161.103 is executed, the mother of
20-19 a newborn child may authorize the release of the child from the
20-20 hospital or birthing center to a licensed child-placing agency, the
20-21 Department of Protective and Regulatory Services, or another
20-22 designated person.
20-23 (b) A release under this section must be:
20-24 (1) executed in writing;
20-25 (2) witnessed by two credible adults; and
20-26 (3) verified before a person authorized to take oaths.
20-27 (c) A hospital or birthing center shall comply with the
21-1 terms of a release executed under this section without requiring a
21-2 court order.
21-3 Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
21-4 (a) If an affidavit of status of child as provided by this chapter
21-5 states that the father of the child is unknown and no probable
21-6 father is known, a certificate from the bureau of vital statistics
21-7 signed by the registrar that a diligent search has been made of the
21-8 paternity registry maintained by the bureau and that a registration
21-9 has not been found pertaining to the father of the child in
21-10 question must be filed with the court before a trial on the merits
21-11 in the suit for termination may be held.
21-12 (b) In a proceeding to terminate parental rights in which
21-13 the alleged or probable father has not been personally served with
21-14 citation or signed an affidavit of relinquishment or an affidavit
21-15 of waiver of interest, the court may not terminate the parental
21-16 rights of the alleged or probable father, whether known or unknown,
21-17 unless a certificate from the bureau of vital statistics signed by
21-18 the registrar states that a diligent search has been made of the
21-19 paternity registry maintained by the bureau and that a filing or
21-20 registration has not been found pertaining to the father of the
21-21 child in question.
21-22 SECTION 14. Subchapter A, Chapter 162, Family Code, is
21-23 amended by adding Section 162.0025 to read as follows:
21-24 Sec. 162.0025. ADOPTIVE HOME SCREENING. (a) The court
21-25 shall order an adoptive home screening to evaluate each party who
21-26 requests the adoption. The screening must be completed before a
21-27 child may be placed in an applicant's home unless the child is
22-1 being adopted by a member of the child's family related by the
22-2 second degree of consanguinity or affinity. The screening must
22-3 comply with the rules adopted by the Board of Protective and
22-4 Regulatory Services providing minimum requirements for the
22-5 screening.
22-6 (b) The court may appoint an investigator to conduct the
22-7 screening required by this section who has the qualifications
22-8 established by rule of the Board of Protective and Regulatory
22-9 Services providing minimum qualifications for persons who may
22-10 perform adoptive home screenings.
22-11 (c) The cost of an adoptive home study shall be paid by an
22-12 applicant who seeks to adopt a child.
22-13 SECTION 15. Section 162.001, Family Code, is amended to read
22-14 as follows:
22-15 Sec. 162.001. Who may Adopt and be Adopted. (a) Subject to
22-16 the requirements for standing to sue in Chapter 102, an adult may
22-17 petition to adopt a child who may be adopted.
22-18 (b) A child residing in this state may be adopted if:
22-19 (1) the parent-child relationship as to each living
22-20 parent of the child has been terminated or a suit for termination
22-21 is joined with the suit for adoption; [or]
22-22 (2) the parent whose rights have not been terminated
22-23 is presently the spouse of the petitioner and the proceeding is for
22-24 a stepparent adoption;
22-25 (3) the child is at least two years old, the
22-26 parent-child relationship has been terminated with respect to one
22-27 parent, the person seeking the adoption is the child's former
23-1 stepparent and has been a managing conservator or has had actual
23-2 care, possession, and control of the child for a period of six
23-3 months preceding the adoption, and the nonterminated parent
23-4 consents to the adoption; or
23-5 (4) the child is at least two years old, the
23-6 parent-child relationship has been terminated with respect to one
23-7 parent, and the person seeking the adoption is the child's former
23-8 stepparent and has been a managing conservator or has had actual
23-9 care, possession, and control of the child for a period of one year
23-10 preceding the adoption.
23-11 (c) If an affidavit of relinquishment of parental rights
23-12 contains a consent for the Department of Protective and Regulatory
23-13 Services or a licensed child-placing agency to place the child for
23-14 adoption and appoints the department or agency managing conservator
23-15 of the child, further consent by the parent is not required and the
23-16 adoption order shall terminate all rights of the parent without
23-17 further termination proceedings.
23-18 SECTION 16. Subchapter A, Chapter 162, Family Code, is
23-19 amended by adding Section 162.0045 to read as follows:
23-20 Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
23-21 a motion for a preferential setting for a final hearing on an
23-22 adoption and shall give precedence to that hearing over all other
23-23 civil cases not given preference by other law if the social study
23-24 has been filed and the criminal history for the person seeking to
23-25 adopt the child has been obtained.
23-26 SECTION 17. Section 162.0085(a), Family Code, is amended to
23-27 read as follows:
24-1 (a) In a suit affecting the parent-child relationship in
24-2 which an adoption is sought, the court shall order each person
24-3 seeking to adopt the child to obtain that person's own criminal
24-4 history record information. The court shall accept under this
24-5 section a person's criminal history record information that is
24-6 provided by the Department of Protective and Regulatory Services or
24-7 by a licensed child-placing agency that received the information
24-8 from the department if the information was obtained not more than
24-9 one year before the date the court ordered the history to be
24-10 obtained.
24-11 SECTION 18. Section 162.018, Family Code, is amended by
24-12 adding Subsection (d) to read as follows:
24-13 (d) At the time an adoption order is rendered, the court
24-14 shall provide to the parents of an adopted child information
24-15 provided by the bureau of vital statistics that describes the
24-16 functions of the voluntary adoption registry under Subchapter E.
24-17 The licensed child-placing agency shall provide to each of the
24-18 child's biological parents known to the agency, the information
24-19 when the parent signs an affidavit of relinquishment of parental
24-20 rights, affidavit of status of child, or affidavit of waiver of
24-21 interest in a child. The information shall include the right of
24-22 the child or biological parent to refuse to participate in the
24-23 registry. If the adopted child is 14 years old or older the court
24-24 shall provide the information to the child.
24-25 SECTION 19. Section 162.025, Family Code, is amended to read
24-26 as follows:
24-27 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.
25-1 (a) A person who is not the natural or adoptive parent of the
25-2 child, the legal guardian of the child, or a child-placing agency
25-3 licensed under Chapter 42, Human Resources Code, commits an offense
25-4 if the person:
25-5 (1) serves as an intermediary between a prospective
25-6 adoptive parent and an expectant parent or parent of a minor child
25-7 to identify the parties to each other [or facilitates the placement
25-8 of the child for adoption]; or
25-9 (2) places a child for adoption.
25-10 (b) It is not an offense under this section if a
25-11 professional provides legal or medical services to:
25-12 (1) a parent who identifies the prospective adoptive
25-13 parent and places the child for adoption without the assistance of
25-14 the professional; or
25-15 (2) a prospective adoptive parent who identifies a
25-16 parent and receives placement of a child for adoption without the
25-17 assistance of the professional.
25-18 (c) An offense under this section is a Class B misdemeanor.
25-19 SECTION 20. Section 162.402, Family Code, is amended by
25-20 amending Subdivisions (7) and (11) and adding Subdivision (14) to
25-21 read as follows:
25-22 (7) "Authorized agency" means a public agency
25-23 authorized to care for or to place children for adoption or a
25-24 private entity approved for that purpose by the department through
25-25 a license, certification, or other means. The term includes a
25-26 licensed child-placing agency or a previously licensed
25-27 child-placing agency that has ceased operations and has transferred
26-1 its adoption records to the bureau [department] or an agency
26-2 authorized by the department to place children for adoption and a
26-3 licensed child-placing agency that has been acquired by, merged
26-4 with, or otherwise succeeded by an agency authorized by the
26-5 department to place children for adoption.
26-6 (11) "Central registry" means the mutual consent
26-7 voluntary adoption registry established and maintained by the
26-8 bureau [department] under this subchapter.
26-9 (14) "Bureau" means the bureau of vital statistics.
26-10 SECTION 21. Sections 162.403(a) and (c), Family Code, are
26-11 amended to read as follows:
26-12 (a) The bureau [department] shall establish and maintain a
26-13 mutual consent voluntary adoption registry.
26-14 (c) An authorized agency that did not directly or by
26-15 contract provide registry services as required by this subchapter
26-16 on January 1, 1984, may not provide its own registry service. The
26-17 bureau [department] shall operate through the central registry
26-18 those services for agencies not permitted to provide a registry
26-19 under this section.
26-20 SECTION 22. Subchapter E, Chapter 162, Family Code, is
26-21 amended by adding Section 162.404 to read as follows:
26-22 Sec. 162.404. REQUIREMENT TO SEND INFORMATION TO CENTRAL
26-23 REGISTRY. An authorized agency that is permitted to provide a
26-24 registry under this subchapter or that participates in a mutual
26-25 consent voluntary adoption registry with an association of
26-26 authorized agencies shall send to the central registry a duplicate
26-27 of all information the registry maintains in the agency's registry
27-1 or sends to the registry in which the agency participates.
27-2 SECTION 23. Sections 162.407(b) and (c), Family Code, are
27-3 amended to read as follows:
27-4 (b) An adoptee adopted or placed through an authorized
27-5 agency may register through the registry maintained by that agency
27-6 or the registry to which the agency has delegated registry services
27-7 or through the central registry maintained by the bureau
27-8 [department].
27-9 (c) Birth parents and biological siblings shall register
27-10 through:
27-11 (1) the registry of the authorized agency through
27-12 which the adoptee was adopted or placed; or[. If the proper
27-13 registry is unknown or if the agency's registry refuses the
27-14 application, the birth parent or biological sibling may register
27-15 through]
27-16 (2) the central registry.
27-17 SECTION 24. Section 162.408, Family Code, is amended to read
27-18 as follows:
27-19 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
27-20 standards of the Texas Board of Health for the bureau [department]
27-21 must provide for proof of identity in order to facilitate the
27-22 purposes of this subchapter and to protect the privacy rights of
27-23 adoptees, adoptive parents, birth parents, biological siblings, and
27-24 their families.
27-25 SECTION 25. Section 162.411(d), Family Code, is amended to
27-26 read as follows:
27-27 (d) The fees collected by the bureau [department] shall be
28-1 deposited in a special fund in the general revenue fund. Funds in
28-2 the special fund may be appropriated only for the administration of
28-3 the central registry.
28-4 SECTION 26. Section 162.414(c), Family Code, is amended to
28-5 read as follows:
28-6 (c) To establish or corroborate a match, the administrator
28-7 shall request confirmation of a possible match from the bureau [of
28-8 vital statistics]. If the [department or] agency operating the
28-9 registry has in its own records sufficient information through
28-10 which the match may be confirmed, the administrator may, but is not
28-11 required to, request confirmation from the bureau [of vital
28-12 statistics]. The bureau [of vital statistics] may confirm or deny
28-13 the match without breaching the duty of confidentiality to the
28-14 adoptee, adoptive parents, birth parents, or biological siblings
28-15 and without a court order.
28-16 SECTION 27. Section 162.420, Family Code, is amended to read
28-17 as follows:
28-18 Sec. 162.420. RULEMAKING. (a) The Texas Board of Health
28-19 [department] shall make rules and adopt minimum standards for the
28-20 bureau to:
28-21 (1) administer the provisions of this subchapter; and
28-22 (2) ensure that each registry respects the right to
28-23 privacy and confidentiality of an adoptee, birth parent, and
28-24 biological sibling who does not desire to disclose the person's
28-25 identity.
28-26 (b) The bureau [department] shall conduct a comprehensive
28-27 review of all [of its] rules and standards adopted under this
29-1 subchapter not less than every six years.
29-2 (c) In order to provide the administrators an opportunity to
29-3 review proposed rules and standards and send written suggestions to
29-4 the Texas Board of Health [department], the board [department]
29-5 shall, before adopting rules and minimum standards, send a copy of
29-6 the proposed rules and standards not less than 60 days before the
29-7 date they take effect to:
29-8 (1) the administrator of each registry established
29-9 under this subchapter; and
29-10 (2) the administrator of each agency authorized by the
29-11 department to place children for adoption.
29-12 SECTION 28. Section 162.421(a), Family Code, is amended to
29-13 read as follows:
29-14 (a) This subchapter does not prevent the bureau [department]
29-15 from making known to the public, by appropriate means, the
29-16 existence of voluntary adoption registries.
29-17 SECTION 29. Sections 162.422(a) and (b), Family Code, are
29-18 amended to read as follows:
29-19 (a) The bureau [department] or authorized agency
29-20 establishing or operating a registry is not liable to any person
29-21 for obtaining or disclosing identifying information about a birth
29-22 parent, adoptee, or biological sibling within the scope of this
29-23 subchapter and under its provisions.
29-24 (b) An employee or agent of the bureau [department] or of an
29-25 authorized agency establishing or operating a registry under this
29-26 subchapter is not liable to any person for obtaining or disclosing
29-27 identifying information about a birth parent, adoptee, or
30-1 biological sibling within the scope of this subchapter and under
30-2 its provisions.
30-3 SECTION 30. Section 192.008(a), Health and Safety Code, is
30-4 amended to read as follows:
30-5 (a) The supplementary birth certificate of an adopted child
30-6 must be in the names of the adoptive parents, one of whom must be a
30-7 female, named as the mother, and the other of whom must be a male,
30-8 named as the father. This subsection does not prohibit a single
30-9 individual, male or female, from adopting a child. Copies of the
30-10 child's birth certificates or birth records may not disclose that
30-11 the child is adopted.
30-12 SECTION 31. Chapter 25, Penal Code, is amended by adding
30-13 Section 25.09 to read as follows:
30-14 Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A
30-15 person commits an offense if the person advertises in the public
30-16 media that the person will place a child for adoption or will
30-17 provide or obtain a child for adoption.
30-18 (b) This section does not apply to a licensed child-placing
30-19 agency that is identified in the advertisement as a licensed
30-20 child-placing agency.
30-21 (c) An offense under this section is a Class A misdemeanor
30-22 unless the person has been convicted previously under this section,
30-23 in which event the offense is a felony of the third degree.
30-24 (d) In this section:
30-25 (1) "Child" has the meaning assigned by Section
30-26 101.003, Family Code.
30-27 (2) "Public media" has the meaning assigned by Section
31-1 38.01. The term also includes communications through the use of
31-2 the Internet or another public computer network.
31-3 SECTION 32. (a) This Act takes effect September 1, 1997.
31-4 (b) Except as otherwise provided by this section, the change
31-5 in law made by this Act applies only to a suit affecting the
31-6 parent-child relationship commenced on or after the effective date
31-7 of this Act. A suit affecting the parent-child relationship
31-8 commenced before the effective date of this Act is governed by the
31-9 law in effect on the date it was commenced, and the former law is
31-10 continued in effect for that purpose.
31-11 (c) The change in law made by this Act pertaining to the
31-12 termination of the parent-child relationship applies only to an
31-13 affidavit to relinquish parental rights or an affidavit of waiver
31-14 of interest in a child executed on or after the effective date of
31-15 this Act. An affidavit executed before the effective date of this
31-16 Act is governed by the law in effect on the date the affidavit was
31-17 executed, and the former law is continued in effect for that
31-18 purpose.
31-19 (d) The change in law made by this Act pertaining to
31-20 adoptions applies only to petitions for adoptions filed on or after
31-21 the effective date of this Act. A petition for adoption filed
31-22 before the effective date of this Act is governed by the law in
31-23 effect on the date the petition was filed, and the former law is
31-24 continued in effect for that purpose; except that for these
31-25 purposes a petition for adoption shall be considered to be filed at
31-26 the time that the original petition was filed or at the time that
31-27 an amended petition seeking the adoption was filed if the amended
32-1 petition is filed in a cause that has previously been filed and
32-2 where the court has continuing jurisdiction over the child.
32-3 (e) The change in law made by this Act pertaining to a
32-4 criminal offense applies only to an offense committed on or after
32-5 the effective date of this Act. For purposes of this subsection,
32-6 an offense is committed before the effective date of this Act if
32-7 any element of the offense occurs before that date. An offense
32-8 committed before the effective date of this Act is covered by the
32-9 law in effect when the offense was committed, and the former law is
32-10 continued in effect for that purpose.
32-11 (f) The change in law made by this Act transferring the
32-12 administration of the central voluntary adoption registry from the
32-13 Department of Protective and Regulatory Services to the bureau of
32-14 vital statistics takes effect January 1, 1998. On that date, the
32-15 powers, duties, obligations, rights, contracts, records, personnel,
32-16 property, and unexpended appropriations dedicated to the department
32-17 for the operation of the registry are transferred to the bureau.
32-18 The department and the bureau shall develop and implement a plan
32-19 before that date for the transfer of the registry.
32-20 SECTION 33. The importance of this legislation and the
32-21 crowded condition of the calendars in both houses create an
32-22 emergency and an imperative public necessity that the
32-23 constitutional rule requiring bills to be read on three several
32-24 days in each house be suspended, and this rule is hereby suspended.