75R10444 E
By Goodman, Naishtat, Allen, et al. H.B. No. 1091
Substitute the following for H.B. No. 1091:
By McReynolds C.S.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; [and]
2-2 (9) a man who has filed a notice of intent to claim
2-3 paternity as provided by Subchapter D, Chapter 160; and
2-4 (10) the Department of Protective and Regulatory
2-5 Services, if the petition requests that the department be appointed
2-6 as managing conservator of the child.
2-7 SECTION 2. Section 102.011(b), Family Code, is amended to
2-8 read as follows:
2-9 (b) The court may also exercise personal jurisdiction over a
2-10 person on whom service of citation is required or over the person's
2-11 personal representative, although the person is not a resident or
2-12 domiciliary of this state, if:
2-13 (1) the person is personally served with citation in
2-14 this state;
2-15 (2) the person submits to the jurisdiction of this
2-16 state by consent, by entering a general appearance, or by filing a
2-17 responsive document having the effect of waiving any contest to
2-18 personal jurisdiction;
2-19 (3) the child resides in this state as a result of the
2-20 acts or directives of the person;
2-21 (4) the person resided with the child in this state;
2-22 (5) the person resided in this state and provided
2-23 prenatal expenses or support for the child;
2-24 (6) the person engaged in sexual intercourse in this
2-25 state and the child may have been conceived by that act of
2-26 intercourse; [or]
2-27 (7) the person registered with the paternity registry
3-1 maintained by the bureau of vital statistics as provided by Chapter
3-2 160; or
3-3 (8) there is any basis consistent with the
3-4 constitutions of this state and the United States for the exercise
3-5 of the personal jurisdiction.
3-6 SECTION 3. Section 159.201, Family Code, is amended to read
3-7 as follows:
3-8 Sec. 159.201. BASES FOR JURISDICTION OVER NONRESIDENT. In a
3-9 proceeding to establish, enforce, or modify a support order or to
3-10 determine parentage, a tribunal of this state may exercise personal
3-11 jurisdiction over a nonresident individual or the individual's
3-12 guardian or conservator if:
3-13 (1) the individual is personally served with citation
3-14 in this state;
3-15 (2) the individual submits to the jurisdiction of this
3-16 state by consent, by entering a general appearance, or by filing a
3-17 responsive document having the effect of waiving any contest to
3-18 personal jurisdiction;
3-19 (3) the individual resided with the child in this
3-20 state;
3-21 (4) the individual resided in this state and provided
3-22 prenatal expenses or support for the child;
3-23 (5) the child resides in this state as a result of the
3-24 acts or directives of the individual;
3-25 (6) the individual engaged in sexual intercourse in
3-26 this state and the child may have been conceived by that act of
3-27 intercourse; [or]
4-1 (7) the individual asserted parentage in the paternity
4-2 registry maintained in this state by the bureau of vital
4-3 statistics; or
4-4 (8) there is any other basis consistent with the
4-5 constitutions of this state and the United States for the exercise
4-6 of personal jurisdiction.
4-7 SECTION 4. Chapter 160, Family Code, is amended by adding
4-8 Subchapter D to read as follows:
4-9 SUBCHAPTER D. PATERNITY REGISTRY
4-10 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
4-11 of vital statistics shall establish a paternity registry.
4-12 (b) The bureau of vital statistics shall administer the
4-13 registry to:
4-14 (1) protect the parental rights of fathers who
4-15 affirmatively assume responsibility for children they may have
4-16 fathered; and
4-17 (2) expedite adoptions of children whose biological
4-18 fathers are unwilling to assume responsibility for their children
4-19 by registering with the registry or otherwise acknowledging their
4-20 children.
4-21 (c) The registry does not relieve a mother of the obligation
4-22 to identify the known father of her child.
4-23 (d) A man is not required to register with the paternity
4-24 registry if he:
4-25 (1) is presumed to be the biological father of a child
4-26 under Chapter 151; or
4-27 (2) has been adjudicated to be the biological father
5-1 of a child by a court of competent jurisdiction.
5-2 Sec. 160.252. REQUIRED INFORMATION. A man registering with
5-3 the registry shall provide:
5-4 (1) the name, last known address, driver's license
5-5 number, and social security number, if known, of the mother of the
5-6 child;
5-7 (2) the name of the child and the location and date of
5-8 birth of the child, if known, or the probable month and year of the
5-9 expected birth of the child;
5-10 (3) the man's name, address, driver's license number,
5-11 and social security number; and
5-12 (4) a statement in which the man claims to be the
5-13 father of the child identified by the man.
5-14 Sec. 160.253. INFORMATION MAINTAINED BY REGISTRY. The
5-15 registry shall record the name, address, driver's license number,
5-16 and social security number of a man who claims to be the father of
5-17 a child whose paternity has not been adjudicated by a court of
5-18 competent jurisdiction by giving notice of intent to claim
5-19 paternity, as provided by this subchapter.
5-20 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A person who has
5-21 sexual intercourse with a person of the opposite sex is deemed to
5-22 have knowledge that sexual intercourse can result in the woman's
5-23 pregnancy.
5-24 (b) Except as provided by this subchapter, a man who claims
5-25 to be the father of a child shall file a notice of intent to assert
5-26 as provided by this subchapter his right to establish paternity of
5-27 a child that may result from the sexual intercourse.
6-1 (c) Ignorance of a pregnancy is not a sufficient reason for
6-2 failing to register with the registry to claim paternity of the
6-3 child born of the pregnancy.
6-4 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
6-5 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
6-6 provided, the registry shall send a copy of the notice of intent to
6-7 claim paternity to the mother as notification that a man has
6-8 registered with the paternity registry claiming to be the father of
6-9 the mother's child.
6-10 (b) Information contained in the registry is confidential
6-11 and may be released on request only to:
6-12 (1) a court;
6-13 (2) the mother of a child;
6-14 (3) an authorized agency;
6-15 (4) a licensed child-placing agency;
6-16 (5) an attorney at law in this state who is
6-17 participating or assisting in a suit affecting the parent-child
6-18 relationship, including termination of the parent-child
6-19 relationship or a suit for the adoption of the child that the
6-20 registrant claims to have fathered; or
6-21 (6) any other person or entity the bureau of vital
6-22 statistics considers to have a legitimate interest in the
6-23 information.
6-24 (c) The registry shall furnish registry information by
6-25 electronic data exchange or any other means to the state's Title
6-26 IV-D agency and the Department of Protective and Regulatory
6-27 Services.
7-1 (d) A person commits an offense if the person intentionally
7-2 and unlawfully releases information from the registry to the public
7-3 or makes any other unlawful use of the information in violation of
7-4 this subchapter. An offense under this subsection is a Class B
7-5 misdemeanor.
7-6 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
7-7 Except as provided by Subsection (d), a person may register as
7-8 provided by this subchapter by filing a notice of intent to claim
7-9 paternity on a form provided by the bureau of vital statistics.
7-10 This form shall be signed and acknowledged before a notary public.
7-11 (b) The bureau shall make registration forms available to
7-12 all:
7-13 (1) hospitals and other birthing places in this state;
7-14 (2) licensed child-placing agencies;
7-15 (3) county and district clerks;
7-16 (4) municipal clerks;
7-17 (5) justices of the peace;
7-18 (6) jails;
7-19 (7) prisons; and
7-20 (8) facilities of the Texas Department of Criminal
7-21 Justice and Texas Youth Commission.
7-22 (c) A notice of intent to claim paternity may be filed
7-23 before the birth of the child but may not be filed after the 30th
7-24 day after the date of birth of the child.
7-25 (d) If the bureau of vital statistics has received from the
7-26 clerk of the court notice under Chapter 108 of a decree terminating
7-27 the parent-child relationship between the person applying to
8-1 register and the child, the bureau shall notify the person that the
8-2 person's parent-child relationship with the child has been
8-3 terminated and may not enter into the registry a notice of intent
8-4 to claim paternity filed by the person.
8-5 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
8-6 NOTIFICATION. (a) Not later than the 30th day after the date of
8-7 the receipt of notification from the bureau of vital statistics
8-8 that a notice of intent to claim paternity has been filed, the
8-9 mother of the child may deny the registrant's claim of paternity on
8-10 a form provided by the bureau and signed and acknowledged before a
8-11 notary public.
8-12 (b) If the mother denies that the registrant is the father
8-13 of the child, the bureau of vital statistics shall immediately
8-14 notify the registrant of the denial and of the registrant's right
8-15 to file a legal action to establish paternity.
8-16 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
8-17 Except as provided by Chapter 102 and Chapter 161, a man who fails
8-18 to file a notice of intent to claim paternity before the 30th day
8-19 after the date of the birth of the child may not assert an interest
8-20 in the child other than by filing a suit to establish paternity
8-21 before the termination of the man's parental rights.
8-22 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
8-23 (a) A man who files a notice of intent to claim paternity with the
8-24 registry shall promptly notify the registry in writing of any
8-25 change in the information, including a change of address.
8-26 (b) A man who files a notice of intent to claim paternity
8-27 may at any time revoke the notice by sending the registry a written
9-1 statement signed and acknowledged by the registrant before a notary
9-2 public. The statement must include a declaration that, to the best
9-3 of the registrant's knowledge and belief:
9-4 (1) the registrant is not the father of the named
9-5 child; or
9-6 (2) a court has adjudicated paternity and a person
9-7 other than the registrant has been determined to be the father of
9-8 the child.
9-9 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
9-10 On request, the bureau of vital statistics shall furnish a
9-11 certificate, signed by the state registrar of vital statistics,
9-12 attesting to the results of a search of the registry regarding a
9-13 notice of intent to claim paternity to:
9-14 (1) a court;
9-15 (2) the mother of a child;
9-16 (3) an authorized agency;
9-17 (4) a licensed child-placing agency;
9-18 (5) an attorney licensed to practice law in this state
9-19 who is participating or assisting in an adoption; or
9-20 (6) any other person or entity the bureau of vital
9-21 statistics considers to have a legitimate interest in the
9-22 information.
9-23 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
9-24 determines that a registrant is not the father of the child, the
9-25 court shall order the bureau of vital statistics to remove the
9-26 registrant's name from the registry. On receipt of an order for
9-27 the removal of a registrant's name, the bureau of vital statistics
10-1 shall remove the name from the registry.
10-2 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
10-3 for filing with the registry a notice of intent to claim paternity
10-4 of a child or a denial of a registrant's paternity.
10-5 (b) Except as provided by Subsection (c), the Texas
10-6 Department of Health may charge a fee for processing a search of
10-7 the paternity registry and for furnishing a certificate under
10-8 Section 160.260.
10-9 (c) The Department of Protective and Regulatory Services and
10-10 the Title IV-D agency are not required to pay a fee under
10-11 Subsection (b).
10-12 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
10-13 REGISTRY. Information maintained by the paternity registry is
10-14 admissible in a proceeding in a court or administrative tribunal of
10-15 this state for any purpose, including for the establishment of the
10-16 registrant's paternity or an action to terminate parental rights.
10-17 SECTION 5. Section 161.002, Family Code, is amended by
10-18 amending Subsection (b) and adding Subsection (c) to read as
10-19 follows:
10-20 (b) The rights of an alleged biological father may be
10-21 terminated if: [,]
10-22 (1) after being served with citation, he does not
10-23 respond by timely filing an admission of paternity or a
10-24 counterclaim for paternity under Chapter 160 prior to the final
10-25 hearing in the suit; or
10-26 (2) he has not registered with the paternity registry
10-27 under Subchapter D, Chapter 160, and after the exercise of due
11-1 diligence:
11-2 (A) his identity and location are unknown; or
11-3 (B) his identity is known but he cannot be
11-4 located.
11-5 (c) The termination of the rights of an alleged biological
11-6 father under Subsection (b)(2) does not require personal service of
11-7 citation or citation by publication on the alleged biological
11-8 father.
11-9 SECTION 6. Subchapter A, Chapter 161, Family Code, is
11-10 amended by adding Section 161.007 to read as follows:
11-11 Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
11-12 CRIMINAL ACT. The court may order the termination of the
11-13 parent-child relationship of a parent and a child if the court
11-14 finds that:
11-15 (1) the parent has been convicted of an offense
11-16 committed under Section 22.011, 22.021, or 25.02, Penal Code;
11-17 (2) as a direct result of the commission of the
11-18 offense by the parent, the victim of the offense became pregnant
11-19 with the parent's child; and
11-20 (3) termination is in the best interest of the child.
11-21 SECTION 7. Section 161.103, Family Code, is amended to read
11-22 as follows:
11-23 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
11-24 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
11-25 parental rights must be:
11-26 (1) signed after the birth of the child, but not
11-27 before 48 hours after the birth of the child, by the parent,
12-1 whether or not a minor, whose parental rights are to be
12-2 relinquished;
12-3 (2) witnessed by two credible persons; and
12-4 (3) verified before a person authorized to take oaths.
12-5 (b) The affidavit must contain:
12-6 (1) the name, address, and age of the parent whose
12-7 parental rights are being relinquished;
12-8 (2) the name, age, and birth date of the child;
12-9 (3) the names and addresses of the guardians of the
12-10 person and estate of the child, if any;
12-11 (4) a statement that the affiant is or is not
12-12 presently obligated by court order to make payments for the support
12-13 of the child;
12-14 (5) a full description and statement of value of all
12-15 property owned or possessed by the child;
12-16 (6) an allegation that termination of the parent-child
12-17 relationship is in the best interest of the child;
12-18 (7) one of the following, as applicable:
12-19 (A) the name and address of the other parent;
12-20 (B) a statement that the parental rights of the
12-21 other parent have been terminated by death or court order; or
12-22 (C) a statement that the child has no presumed
12-23 father and that an affidavit of status of the child has been
12-24 executed as provided by this chapter;
12-25 (8) a statement that the parent has been informed of
12-26 parental rights and duties; [and]
12-27 (9) a statement that the relinquishment is revocable,
13-1 that the relinquishment is irrevocable, or that the relinquishment
13-2 is irrevocable for a stated period of time;
13-3 (10) if the relinquishment is revocable, a statement
13-4 in boldfaced type concerning the right of the parent signing the
13-5 affidavit to revoke the relinquishment only if the revocation is
13-6 made before the 11th day after the date the affidavit is executed;
13-7 (11) if the relinquishment is revocable, the name and
13-8 address of a person to whom the revocation is to be delivered; and
13-9 (12) the [.]
13-10 [(c) The affidavit may contain:]
13-11 [(1) a] designation of a prospective adoptive parent
13-12 [qualified person], the Department of Protective and Regulatory
13-13 Services, if the department has consented in writing to the
13-14 designation, or a licensed child-placing agency to serve as
13-15 managing conservator of the child and the address of the person or
13-16 agency.[;]
13-17 (c) The affidavit may contain:
13-18 (1) [(2)] a waiver of process in a suit to terminate
13-19 the parent-child relationship filed under this chapter or in a suit
13-20 to terminate joined with a petition for adoption; and
13-21 (2) [(3)] a consent to the placement of the child for
13-22 adoption by the Department of Protective and Regulatory Services or
13-23 by a licensed child-placing agency.
13-24 (d) A copy of the affidavit shall be provided to the parent
13-25 at the time the parent signs the affidavit.
13-26 (e) The relinquishment in an [An] affidavit that [of
13-27 relinquishment of parental rights is irrevocable if it] designates
14-1 the Department of Protective and Regulatory Services or a licensed
14-2 child-placing agency to serve as the managing conservator is
14-3 irrevocable. A relinquishment in any [Any] other affidavit of
14-4 relinquishment is revocable unless it expressly provides that it is
14-5 irrevocable for a stated period of time not to exceed 60 days after
14-6 the date of its execution.
14-7 (f) A relinquishment in an affidavit of relinquishment of
14-8 parental rights that fails to state that the relinquishment is
14-9 irrevocable for a stated time is revocable as provided by Section
14-10 161.1035.
14-11 (g) To revoke a relinquishment under Subsection (e) the
14-12 parent must sign a statement witnessed by two credible persons and
14-13 verified before a person authorized to take oaths. A copy of the
14-14 revocation shall be delivered to the person designated in the
14-15 affidavit. If a parent attempting to revoke a relinquishment under
14-16 this subsection has knowledge that a suit for termination of the
14-17 parent-child relationship has been filed based on the parent's
14-18 affidavit of relinquishment of parental rights, the parent shall
14-19 file a copy of the revocation with the clerk of the court.
14-20 SECTION 8. Subchapter B, Chapter 161, Family Code, is
14-21 amended by adding Section 161.1035 to read as follows:
14-22 Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An
14-23 affidavit of relinquishment of parental rights or affidavit of
14-24 waiver of interest in a child that fails to state that the
14-25 relinquishment or waiver is irrevocable for a stated time is:
14-26 (1) revocable only if the revocation is made before
14-27 the 11th day after the date the affidavit is executed; and
15-1 (2) irrevocable on or after the 11th day after the
15-2 date the affidavit is executed.
15-3 SECTION 9. Section 161.106, Family Code, is amended by
15-4 adding Subsections (f)-(j) to read as follows:
15-5 (f) A waiver in an affidavit under this section that
15-6 designates the Department of Protective and Regulatory Services or
15-7 a licensed child-placing agency to serve as the managing
15-8 conservator is irrevocable. A waiver in any other affidavit under
15-9 this section is revocable unless it expressly provides that it is
15-10 irrevocable for a stated period not to exceed 60 days after the
15-11 date of execution.
15-12 (g) A waiver in an affidavit under this section that fails
15-13 to state that the waiver is irrevocable for a stated time is
15-14 revocable as provided by Section 161.1035.
15-15 (h) An affidavit under this section that contains a waiver
15-16 that is revocable must contain:
15-17 (1) a statement in boldfaced type concerning the right
15-18 of the person who executed the affidavit to revoke the affidavit
15-19 only if the revocation is made before the 11th day after the date
15-20 the affidavit is executed; and
15-21 (2) the name and address of the person to whom the
15-22 revocation is to be delivered.
15-23 (i) A copy of the affidavit shall be provided to the person
15-24 who executed the affidavit at the time the person signs the
15-25 affidavit.
15-26 (j) To revoke a waiver, the person who executed the
15-27 affidavit must sign a statement witnessed by two credible persons
16-1 and verified before a person authorized to take oaths. A copy of
16-2 the revocation shall be delivered to the person designated in the
16-3 affidavit of waiver of interest in a child. If a person attempting
16-4 to revoke an affidavit under this subsection has knowledge that a
16-5 suit for termination of the parent-child relationship based on the
16-6 person's waiver of interest in a child has been filed, the person
16-7 shall file a copy of the revocation with the clerk of the court.
16-8 SECTION 10. Subchapter B, Chapter 161, Family Code, is
16-9 amended by adding Sections 161.108 and 161.109 to read as follows:
16-10 Sec. 161.108. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
16-11 CENTER. (a) Before or at the time an affidavit of relinquishment
16-12 of parental rights under Section 161.103 is executed, the mother of
16-13 a newborn child may authorize the release of the child from the
16-14 hospital or birthing center to a licensed child-placing agency, the
16-15 Department of Protective and Regulatory Services, or another
16-16 designated person.
16-17 (b) A release under this section must be:
16-18 (1) executed in writing;
16-19 (2) witnessed by two credible adults; and
16-20 (3) verified before a person authorized to take oaths.
16-21 (c) A hospital or birthing center shall comply with the
16-22 terms of a release executed under this section without requiring a
16-23 court order.
16-24 Sec. 161.109. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
16-25 (a) If an affidavit of status of child as provided by this chapter
16-26 states that the father of the child is unknown and no probable
16-27 father is known, a certificate from the bureau of vital statistics
17-1 signed by the registrar that a diligent search has been made of the
17-2 paternity registry maintained by the bureau and that a registration
17-3 has not been found pertaining to the father of the child in
17-4 question must be filed with the court before a trial on the merits
17-5 in the suit for termination may be held.
17-6 (b) In a proceeding to terminate parental rights in which
17-7 the alleged or probable father has not been personally served with
17-8 citation or signed an affidavit of relinquishment or an affidavit
17-9 of waiver of interest, the court may not terminate the parental
17-10 rights of the alleged or probable father, whether known or unknown,
17-11 unless a certificate from the bureau of vital statistics signed by
17-12 the registrar states that a diligent search has been made of the
17-13 paternity registry maintained by the bureau and that a filing or
17-14 registration has not been found pertaining to the father of the
17-15 child in question.
17-16 SECTION 11. Section 161.201, Family Code, is amended to read
17-17 as follows:
17-18 Sec. 161.201. NO FINAL ORDER UNTIL AFFIDAVIT BECOMES
17-19 IRREVOCABLE [CHILD FIVE DAYS OLD]. If an affidavit relinquishing
17-20 parental rights or an affidavit of waiver of interest in a child
17-21 under this chapter has been executed and is revocable under its own
17-22 terms, the court may not hold a hearing on termination of parental
17-23 rights or render orders other than temporary orders until after the
17-24 date the affidavit becomes irrevocable. [If the petition in a suit
17-25 for termination is filed before the birth of the child, the court
17-26 may not conduct a hearing in the suit nor render an order other
17-27 than a temporary order until the child is at least five days old.]
18-1 SECTION 12. Subchapter A, Chapter 162, Family Code, is
18-2 amended by adding Section 162.0025 to read as follows:
18-3 Sec. 162.0025. ADOPTIVE HOME SCREENING. (a) The court
18-4 shall order an adoptive home screening to evaluate each party who
18-5 requests the adoption. The screening must be completed before a
18-6 child may be placed in an applicant's home unless the child is
18-7 being adopted by a member of the child's family related by the
18-8 second degree of consanguinity or affinity. The screening must
18-9 comply with the rules adopted by the Board of Protective and
18-10 Regulatory Services providing minimum requirements for the
18-11 screening.
18-12 (b) The court may appoint an investigator to conduct the
18-13 screening required by this section who has the qualifications
18-14 established by rule of the Board of Protective and Regulatory
18-15 Services providing minimum qualifications for persons who may
18-16 perform adoptive home screenings.
18-17 (c) The cost of an adoptive home study shall be paid by an
18-18 applicant who seeks to adopt a child.
18-19 SECTION 13. Section 162.001, Family Code, is amended to read
18-20 as follows:
18-21 Sec. 162.001. Who may Adopt and be Adopted. (a) Subject to
18-22 the requirements for standing to sue in Chapter 102, an adult may
18-23 petition to adopt a child who may be adopted.
18-24 (b) A child residing in this state may be adopted if:
18-25 (1) the parent-child relationship as to each living
18-26 parent of the child has been terminated or a suit for termination
18-27 is joined with the suit for adoption; [or]
19-1 (2) the parent whose rights have not been terminated
19-2 is presently the spouse of the petitioner and the proceeding is for
19-3 a stepparent adoption;
19-4 (3) the child is at least two years old, the
19-5 parent-child relationship has been terminated with respect to one
19-6 parent, the person seeking the adoption has been a managing
19-7 conservator or has had actual care, possession, and control of the
19-8 child for a period of six months preceding the adoption, and the
19-9 nonterminated parent consents to the adoption; or
19-10 (4) the child is at least two years old, the
19-11 parent-child relationship has been terminated with respect to one
19-12 parent, and the person seeking the adoption has been a managing
19-13 conservator or has had actual care, possession, and control of the
19-14 child for a period of one year preceding the adoption.
19-15 (c) If an affidavit of relinquishment of parental rights
19-16 contains a consent for the Department of Protective and Regulatory
19-17 Services or a licensed child-placing agency to place the child for
19-18 adoption and appoints the department or agency managing conservator
19-19 of the child, further consent by the parent is not required and the
19-20 adoption order shall terminate all rights of the parent without
19-21 further termination proceedings.
19-22 SECTION 14. Subchapter A, Chapter 162, Family Code, is
19-23 amended by adding Section 162.0045 to read as follows:
19-24 Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
19-25 a motion for a preferential setting for a final hearing on an
19-26 adoption and shall give precedence to that hearing over all other
19-27 civil cases not given preference by other law if the social study
20-1 has been filed and the criminal history for the person seeking to
20-2 adopt the child has been obtained.
20-3 SECTION 15. Section 162.0085(a), Family Code, is amended to
20-4 read as follows:
20-5 (a) In a suit affecting the parent-child relationship in
20-6 which an adoption is sought, the court shall order each person
20-7 seeking to adopt the child to obtain that person's own criminal
20-8 history record information. The court shall accept under this
20-9 section a person's criminal history record information that is
20-10 provided by the Department of Protective and Regulatory Services or
20-11 by a licensed child-placing agency that received the information
20-12 from the department if the information was obtained not more than
20-13 one year before the date the court ordered the history to be
20-14 obtained.
20-15 SECTION 16. Section 162.018, Family Code, is amended by
20-16 adding Subsection (d) to read as follows:
20-17 (d) At the time an adoption order is rendered, the court
20-18 shall provide to the parents of an adopted child information
20-19 provided by the bureau of vital statistics that describes the
20-20 functions of the voluntary adoption registry under Subchapter E.
20-21 The licensed child-placing agency shall provide to each of the
20-22 child's biological parents known to the agency, the information
20-23 when the parent signs an affidavit of relinquishment of parental
20-24 rights, affidavit of status of child, or affidavit of waiver of
20-25 interest in a child. The information shall include the right of
20-26 the child or biological parent to refuse to participate in the
20-27 registry. If the adopted child is 14 years old or older the court
21-1 shall provide the information to the child.
21-2 SECTION 17. Section 162.025, Family Code, is amended to read
21-3 as follows:
21-4 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.
21-5 (a) A person who is not the natural or adoptive parent of the
21-6 child, the legal guardian of the child, or a child-placing agency
21-7 licensed under Chapter 42, Human Resources Code, commits an offense
21-8 if the person:
21-9 (1) serves as an intermediary between a prospective
21-10 adoptive parent and an expectant parent or parent of a minor child
21-11 to identify the parties to each other [or facilitates the placement
21-12 of the child for adoption]; or
21-13 (2) places a child for adoption.
21-14 (b) It is not an offense under this section if a
21-15 professional provides legal or medical services to:
21-16 (1) a parent who identifies the prospective adoptive
21-17 parent and places the child for adoption without the assistance of
21-18 the professional; or
21-19 (2) a prospective adoptive parent who identifies a
21-20 parent and receives placement of a child for adoption without the
21-21 assistance of the professional.
21-22 (c) An offense under this section is a Class B misdemeanor.
21-23 SECTION 18. Section 162.402, Family Code, is amended by
21-24 amending Subdivisions (7) and (11) and adding Subdivision (14) to
21-25 read as follows:
21-26 (7) "Authorized agency" means a public agency
21-27 authorized to care for or to place children for adoption or a
22-1 private entity approved for that purpose by the department through
22-2 a license, certification, or other means. The term includes a
22-3 licensed child-placing agency or a previously licensed
22-4 child-placing agency that has ceased operations and has transferred
22-5 its adoption records to the bureau [department] or an agency
22-6 authorized by the department to place children for adoption and a
22-7 licensed child-placing agency that has been acquired by, merged
22-8 with, or otherwise succeeded by an agency authorized by the
22-9 department to place children for adoption.
22-10 (11) "Central registry" means the mutual consent
22-11 voluntary adoption registry established and maintained by the
22-12 bureau [department] under this subchapter.
22-13 (14) "Bureau" means the bureau of vital statistics.
22-14 SECTION 19. Sections 162.403(a) and (c), Family Code, are
22-15 amended to read as follows:
22-16 (a) The bureau [department] shall establish and maintain a
22-17 mutual consent voluntary adoption registry.
22-18 (c) An authorized agency that did not directly or by
22-19 contract provide registry services as required by this subchapter
22-20 on January 1, 1984, may not provide its own registry service. The
22-21 bureau [department] shall operate through the central registry
22-22 those services for agencies not permitted to provide a registry
22-23 under this section.
22-24 SECTION 20. Subchapter E, Chapter 162, Family Code, is
22-25 amended by adding Section 162.404 to read as follows:
22-26 Sec. 162.404. REQUIREMENT TO SEND INFORMATION TO CENTRAL
22-27 REGISTRY. An authorized agency that is permitted to provide a
23-1 registry under this subchapter or that participates in a mutual
23-2 consent voluntary adoption registry with an association of
23-3 authorized agencies shall send to the central registry a duplicate
23-4 of all information the registry maintains in the agency's registry
23-5 or sends to the registry in which the agency participates.
23-6 SECTION 21. Sections 162.407(b) and (c), Family Code, are
23-7 amended to read as follows:
23-8 (b) An adoptee adopted or placed through an authorized
23-9 agency may register through the registry maintained by that agency
23-10 or the registry to which the agency has delegated registry services
23-11 or through the central registry maintained by the bureau
23-12 [department].
23-13 (c) Birth parents and biological siblings shall register
23-14 through:
23-15 (1) the registry of the authorized agency through
23-16 which the adoptee was adopted or placed; or[. If the proper
23-17 registry is unknown or if the agency's registry refuses the
23-18 application, the birth parent or biological sibling may register
23-19 through]
23-20 (2) the central registry.
23-21 SECTION 22. Section 162.408, Family Code, is amended to read
23-22 as follows:
23-23 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
23-24 standards of the Texas Board of Health for the bureau [department]
23-25 must provide for proof of identity in order to facilitate the
23-26 purposes of this subchapter and to protect the privacy rights of
23-27 adoptees, adoptive parents, birth parents, biological siblings, and
24-1 their families.
24-2 SECTION 23. Section 162.411(d), Family Code, is amended to
24-3 read as follows:
24-4 (d) The fees collected by the bureau [department] shall be
24-5 deposited in a special fund in the general revenue fund. Funds in
24-6 the special fund may be appropriated only for the administration of
24-7 the central registry.
24-8 SECTION 24. Section 162.414(c), Family Code, is amended to
24-9 read as follows:
24-10 (c) To establish or corroborate a match, the administrator
24-11 shall request confirmation of a possible match from the bureau [of
24-12 vital statistics]. If the [department or] agency operating the
24-13 registry has in its own records sufficient information through
24-14 which the match may be confirmed, the administrator may, but is not
24-15 required to, request confirmation from the bureau [of vital
24-16 statistics]. The bureau [of vital statistics] may confirm or deny
24-17 the match without breaching the duty of confidentiality to the
24-18 adoptee, adoptive parents, birth parents, or biological siblings
24-19 and without a court order.
24-20 SECTION 25. Section 162.420, Family Code, is amended to read
24-21 as follows:
24-22 Sec. 162.420. RULEMAKING. (a) The Texas Board of Health
24-23 [department] shall make rules and adopt minimum standards for the
24-24 bureau to:
24-25 (1) administer the provisions of this subchapter; and
24-26 (2) ensure that each registry respects the right to
24-27 privacy and confidentiality of an adoptee, birth parent, and
25-1 biological sibling who does not desire to disclose the person's
25-2 identity.
25-3 (b) The bureau [department] shall conduct a comprehensive
25-4 review of all [of its] rules and standards adopted under this
25-5 subchapter not less than every six years.
25-6 (c) In order to provide the administrators an opportunity to
25-7 review proposed rules and standards and send written suggestions to
25-8 the Texas Board of Health [department], the board [department]
25-9 shall, before adopting rules and minimum standards, send a copy of
25-10 the proposed rules and standards not less than 60 days before the
25-11 date they take effect to:
25-12 (1) the administrator of each registry established
25-13 under this subchapter; and
25-14 (2) the administrator of each agency authorized by the
25-15 department to place children for adoption.
25-16 SECTION 26. Section 162.421(a), Family Code, is amended to
25-17 read as follows:
25-18 (a) This subchapter does not prevent the bureau [department]
25-19 from making known to the public, by appropriate means, the
25-20 existence of voluntary adoption registries.
25-21 SECTION 27. Sections 162.422(a) and (b), Family Code, are
25-22 amended to read as follows:
25-23 (a) The bureau [department] or authorized agency
25-24 establishing or operating a registry is not liable to any person
25-25 for obtaining or disclosing identifying information about a birth
25-26 parent, adoptee, or biological sibling within the scope of this
25-27 subchapter and under its provisions.
26-1 (b) An employee or agent of the bureau [department] or of an
26-2 authorized agency establishing or operating a registry under this
26-3 subchapter is not liable to any person for obtaining or disclosing
26-4 identifying information about a birth parent, adoptee, or
26-5 biological sibling within the scope of this subchapter and under
26-6 its provisions.
26-7 SECTION 28. Chapter 162, Family Code, is amended by adding
26-8 Subchapter G to read as follows:
26-9 SUBCHAPTER G. CONFIDENTIAL INTERMEDIARIES
26-10 Sec. 162.601. DEFINITIONS. In this subchapter:
26-11 (1) "Adoptee," "adoptive parent," and "biological
26-12 parent" have the meanings assigned those terms by Section 162.402.
26-13 (2) "Biological sibling" means one of the biological
26-14 siblings as defined by Section 162.402.
26-15 Sec. 162.602. APPOINTMENT OF CONFIDENTIAL INTERMEDIARY.
26-16 (a) On an application by an adoptee, adoptive parent, biological
26-17 parent, or biological sibling, a court that rendered an adoption
26-18 order may appoint a confidential intermediary under this
26-19 subchapter. The application must contain an affidavit that shows
26-20 the relationship of the applicant to a person sought to be located,
26-21 identifies the court as having rendered an adoption order relating
26-22 to the applicant or person sought to be located, and includes other
26-23 supporting information.
26-24 (b) The court may rule on an application under this section
26-25 without a hearing. The court may appoint any person who meets the
26-26 requirements of this subchapter or a licensed child-placing agency
26-27 as the intermediary.
27-1 Sec. 162.603. DUTIES AND POWERS OF CONFIDENTIAL
27-2 INTERMEDIARY. (a) A confidential intermediary shall:
27-3 (1) assist the person who requested the appointment of
27-4 the intermediary in locating an adoptee, adoptive parent,
27-5 biological parent, or biological sibling who is related to the
27-6 person; and
27-7 (2) be available for appointment by the court to act
27-8 as a confidential intermediary.
27-9 (b) A confidential intermediary may obtain as authorized by
27-10 the court the names, addresses, and social security numbers of the
27-11 parties to an adoption.
27-12 (c) A court may open adoption records maintained by the
27-13 court to a confidential intermediary appointed under this
27-14 subchapter.
27-15 (d) A licensed child-placing agency, voluntary adoption
27-16 registry under Subchapter E, private attorney, and the bureau of
27-17 vital statistics shall open records designated under Subsection (b)
27-18 to a confidential intermediary.
27-19 (e) A confidential intermediary may not be appointed to
27-20 locate a person who is younger than 18 years of age.
27-21 Sec. 162.604. QUALIFICATIONS. To be eligible for
27-22 appointment as a confidential intermediary, a person must:
27-23 (1) be 21 years of age or older;
27-24 (2) have:
27-25 (A) a bachelor's degree in a social or
27-26 behavioral science from an accredited institution of higher
27-27 education; or
28-1 (B) a high school diploma or the equivalent and
28-2 not less than six years of work experience in social services; and
28-3 (3) not have been convicted of a felony or misdemeanor
28-4 involving moral turpitude or classified as an offense against a
28-5 person, public indecency, or possession or distribution of a
28-6 controlled substance described by Chapter 481, Health and Safety
28-7 Code.
28-8 Sec. 162.605. CONFIDENTIALITY. Information obtained by a
28-9 confidential intermediary in the course of the intermediary's
28-10 duties under this subchapter is confidential and may be used only
28-11 to arrange for communication between the person who requested the
28-12 appointment of the intermediary and a person sought by the
28-13 intermediary.
28-14 Sec. 162.606. CONSENT REQUIRED. (a) A confidential
28-15 intermediary who locates a person sought by the person who
28-16 requested the appointment of the intermediary may not arrange for
28-17 communication between the persons until the intermediary:
28-18 (1) obtains written consent from both persons stating
28-19 that each agrees to communicate directly; and
28-20 (2) notifies the court that consent under Subdivision
28-21 (1) has been obtained.
28-22 (b) If consent is not obtained from both persons, all
28-23 records and any information obtained by the confidential
28-24 intermediary during the course of the intermediary's investigation
28-25 shall be returned to the court and remains confidential.
28-26 Sec. 162.607. COSTS. The costs for the services of a
28-27 confidential intermediary shall be paid by the person who applied
29-1 for appointment of the intermediary.
29-2 Sec. 162.608. PENALTY. A person commits an offense if the
29-3 person is a confidential intermediary and the person knowingly
29-4 violates Section 162.605 or Section 162.606. An offense under this
29-5 section is a Class A misdemeanor.
29-6 SECTION 29. Chapter 25, Penal Code, is amended by adding
29-7 Section 25.09 to read as follows:
29-8 Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A
29-9 person commits an offense if the person advertises in the public
29-10 media that the person will place a child for adoption or will
29-11 provide or obtain a child for adoption.
29-12 (b) This section does not apply to a licensed child-placing
29-13 agency that is identified in the advertisement as a licensed
29-14 child-placing agency.
29-15 (c) An offense under this section is a Class A misdemeanor
29-16 unless the person has been convicted previously under this section,
29-17 in which event the offense is a felony of the third degree.
29-18 (d) In this section:
29-19 (1) "Child" has the meaning assigned by Section
29-20 101.003, Family Code.
29-21 (2) "Public media" has the meaning assigned by Section
29-22 38.01. The term also includes communications through the use of
29-23 the Internet or another public computer network.
29-24 SECTION 30. (a) This Act takes effect September 1, 1997.
29-25 (b) Except as otherwise provided by this section, the change
29-26 in law made by this Act applies only to a suit affecting the
29-27 parent-child relationship commenced on or after the effective date
30-1 of this Act. A suit affecting the parent-child relationship
30-2 commenced before the effective date of this Act is governed by the
30-3 law in effect on the date it was commenced, and the former law is
30-4 continued in effect for that purpose.
30-5 (c) The change in law made by this Act pertaining to the
30-6 termination of the parent-child relationship applies only to an
30-7 affidavit to relinquish parental rights or an affidavit of waiver
30-8 of interest in a child executed on or after the effective date of
30-9 this Act. An affidavit executed before the effective date of this
30-10 Act is governed by the law in effect on the date the affidavit was
30-11 executed, and the former law is continued in effect for that
30-12 purpose.
30-13 (d) The change in law made by this Act pertaining to
30-14 adoptions applies only to petitions for adoptions filed on or after
30-15 the effective date of this Act. A petition for adoption filed
30-16 before the effective date of this Act is governed by the law in
30-17 effect on the date the petition was filed, and the former law is
30-18 continued in effect for that purpose; except that for these
30-19 purposes a petition for adoption shall be considered to be filed at
30-20 the time that the original petition was filed or at the time that
30-21 an amended petition seeking the adoption was filed if the amended
30-22 petition is filed in a cause that has previously been filed and
30-23 where the court has continuing jurisdiction over the child.
30-24 (e) The change in law made by this Act pertaining to the
30-25 appointment of a confidential intermediary applies only to a
30-26 confidential intermediary appointed on or after the effective date
30-27 of this Act. A confidential intermediary appointed before the
31-1 effective date of this Act is governed by the law in effect on the
31-2 date the confidential intermediary was appointed, and the former
31-3 law is continued in effect for that purpose.
31-4 (f) The change in law made by this Act pertaining to a
31-5 criminal offense applies only to an offense committed on or after
31-6 the effective date of this Act. For purposes of this subsection,
31-7 an offense is committed before the effective date of this Act if
31-8 any element of the offense occurs before that date. An offense
31-9 committed before the effective date of this Act is covered by the
31-10 law in effect when the offense was committed, and the former law is
31-11 continued in effect for that purpose.
31-12 (g) The change in law made by this Act transferring the
31-13 administration of the central voluntary adoption registry from the
31-14 Department of Protective and Regulatory Services to the bureau of
31-15 vital statistics takes effect January 1, 1998. On that date, the
31-16 powers, duties, obligations, rights, contracts, records, personnel,
31-17 property, and unexpended appropriations dedicated to the department
31-18 for the operation of the registry are transferred to the bureau.
31-19 The department and the bureau shall develop and implement a plan
31-20 before that date for the transfer of the registry.
31-21 SECTION 31. The importance of this legislation and the
31-22 crowded condition of the calendars in both houses create an
31-23 emergency and an imperative public necessity that the
31-24 constitutional rule requiring bills to be read on three several
31-25 days in each house be suspended, and this rule is hereby suspended.