By Goodman H.B. No. 1091
75R1775 JMM-D
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 102.011(b), Family Code, is amended to
1-8 read as follows:
1-9 (b) The court may also exercise personal jurisdiction over a
1-10 person on whom service of citation is required or over the person's
1-11 personal representative, although the person is not a resident or
1-12 domiciliary of this state, if:
1-13 (1) the person is personally served with citation in
1-14 this state;
1-15 (2) the person submits to the jurisdiction of this
1-16 state by consent, by entering a general appearance, or by filing a
1-17 responsive document having the effect of waiving any contest to
1-18 personal jurisdiction;
1-19 (3) the child resides in this state as a result of the
1-20 acts or directives of the person;
1-21 (4) the person resided with the child in this state;
1-22 (5) the person resided in this state and provided
1-23 prenatal expenses or support for the child;
1-24 (6) the person engaged in sexual intercourse in this
2-1 state and the child may have been conceived by that act of
2-2 intercourse; [or]
2-3 (7) the person registered with the paternity registry
2-4 maintained by the bureau of vital statistics as provided by Chapter
2-5 160; or
2-6 (8) there is any basis consistent with the
2-7 constitutions of this state and the United States for the exercise
2-8 of the personal jurisdiction.
2-9 SECTION 2. Chapter 160, Family Code, is amended by adding
2-10 Subchapter D to read as follows:
2-11 SUBCHAPTER D. PATERNITY REGISTRY
2-12 Sec. 160.251. PATERNITY REGISTRY; PURPOSE. (a) The bureau
2-13 of vital statistics shall establish a paternity registry.
2-14 (b) The bureau of vital statistics shall administer the
2-15 registry to:
2-16 (1) protect the parental rights of fathers who
2-17 affirmatively assume responsibility for children they may have
2-18 fathered; and
2-19 (2) expedite adoptions of children whose biological
2-20 fathers are unwilling to assume responsibility for their children
2-21 by registering with the registry or otherwise acknowledging their
2-22 children.
2-23 (c) The registry does not relieve a mother of the obligation
2-24 to identify the known father of her child.
2-25 (d) A man presumed to be the biological father of a child
2-26 under Section 151.002 is not required to register with the
2-27 paternity registry to assert any right in a matter affecting the
3-1 parent-child relationship.
3-2 Sec. 160.252. INFORMATION MAINTAINED BY REGISTRY. The
3-3 registry shall record the name, address, driver's license number,
3-4 and social security number of a man who:
3-5 (1) claims to be the father of a child whose paternity
3-6 has not been established by an order of a court of this state by
3-7 giving notice of intent to claim paternity, as provided by this
3-8 subchapter; or
3-9 (2) has been adjudicated by a court of another state
3-10 or territory of the United States to be the father of a child and
3-11 who files a certified copy of the court order with the registry.
3-12 Sec. 160.253. REQUIRED INFORMATION. A man registering with
3-13 the registry shall provide:
3-14 (1) the name, last known address, driver's license
3-15 number, and social security number, if known, of the mother of the
3-16 child;
3-17 (2) the name of the child and the location and date of
3-18 birth of the child, if known, or the probable month and year of the
3-19 expected birth of the child;
3-20 (3) the man's name, address, driver's license number,
3-21 and social security number; and
3-22 (4) a statement in which the man claims to be the
3-23 father of the child identified by the man.
3-24 Sec. 160.254. KNOWLEDGE OF PREGNANCY. (a) A man who has
3-25 sexual intercourse with a woman is deemed to have knowledge that
3-26 sexual intercourse can result in the woman's pregnancy and shall
3-27 file a notice of intent to claim paternity as provided by this
4-1 subchapter to assert his right to establish paternity of a child
4-2 that may result from the sexual intercourse.
4-3 (b) Ignorance of a pregnancy is not a sufficient reason for
4-4 failing to register with the registry to claim paternity of the
4-5 child born of the pregnancy.
4-6 (c) Misrepresentation by the mother or another person
4-7 concerning the facts of the pregnancy, including the identity of
4-8 the father, is not a sufficient reason for failing to register with
4-9 the registry to claim paternity of the child born of the pregnancy.
4-10 Sec. 160.255. FURNISHING OF REGISTRY INFORMATION;
4-11 CONFIDENTIALITY; OFFENSE. (a) If the mother's address has been
4-12 provided, the registry shall send a copy of the notice of intent to
4-13 claim paternity to the mother as notification that a man has
4-14 registered with the paternity registry claiming to be the father of
4-15 the mother's child.
4-16 (b) Information contained in the registry is confidential
4-17 and may be released on request only to:
4-18 (1) a court;
4-19 (2) the mother of a child;
4-20 (3) an authorized agency;
4-21 (4) a licensed child-placing agency;
4-22 (5) an attorney at law in this state who is
4-23 participating or assisting in an adoption of the child that the
4-24 registrant claims to have fathered; or
4-25 (6) any other person or entity the bureau of vital
4-26 statistics considers to have a legitimate interest in the
4-27 information.
5-1 (c) The registry shall furnish registry information by
5-2 electronic data exchange or any other means to the state's Title
5-3 IV-D agency and the Department of Protective and Regulatory
5-4 Services.
5-5 (d) A person commits an offense if the person intentionally
5-6 and unlawfully releases information from the registry to the public
5-7 or makes any other unlawful use of the information in violation of
5-8 this subchapter. An offense under this subsection is a Class B
5-9 misdemeanor.
5-10 Sec. 160.256. NOTICE OF INTENT TO CLAIM PATERNITY. (a)
5-11 Except as provided by Subsection (e), a person may register as
5-12 provided by this subchapter by filing a notice of intent to claim
5-13 paternity on a form provided by the bureau of vital statistics.
5-14 This form shall be signed and acknowledged before a notary public.
5-15 (b) The bureau shall make registration forms available to
5-16 all:
5-17 (1) hospitals and other birthing places in this state;
5-18 (2) licensed child-placing agencies;
5-19 (3) county and district clerks;
5-20 (4) municipal clerks;
5-21 (5) justices of the peace;
5-22 (6) jails;
5-23 (7) prisons; and
5-24 (8) facilities of the Texas Department of Criminal
5-25 Justice and Texas Youth Commission.
5-26 (c) A notice of intent to claim paternity may be filed
5-27 before the birth of the child but may not be filed after the 30th
6-1 day after the date of birth of the child.
6-2 (d) A person may not register to claim paternity of a child
6-3 if the parent-child relationship of the person and the child is
6-4 terminated by a judgment that has become final.
6-5 (e) If the bureau of vital statistics has received from the
6-6 clerk of the court notice of a decree terminating the parent-child
6-7 relationship between the person applying to register and the child,
6-8 the bureau shall notify the person that the person's parent-child
6-9 relationship with the child has been terminated and may not enter
6-10 into the registry a notice of intent to claim paternity filed by
6-11 the person.
6-12 Sec. 160.257. DENIAL OF REGISTRANT'S PATERNITY;
6-13 NOTIFICATION. (a) Not later than the 30th day after the date of
6-14 the receipt of notification from the bureau of vital statistics
6-15 that a notice of intent to claim paternity has been filed, the
6-16 mother of the child may deny the registrant's claim of paternity on
6-17 a form provided by the bureau and signed and acknowledged before a
6-18 notary public.
6-19 (b) If the mother denies that the registrant is the father
6-20 of the child, the bureau of vital statistics shall immediately
6-21 notify the registrant of the denial and of the registrant's right
6-22 to file a legal action to establish paternity.
6-23 Sec. 160.258. EFFECT OF FAILURE TO FILE NOTICE OF INTENT.
6-24 (a) Except as provided by Subsection (b), if a man fails to file a
6-25 notice of intent to claim paternity before the 30th day after the
6-26 date of the birth of the child, the person may not assert any
6-27 interest in the child with respect to the adoption of the child,
7-1 the termination of parental rights, or the establishment of
7-2 paternity after the filing of a suit for termination of the man's
7-3 parental rights or for the adoption of the child.
7-4 (b) The limitation on a man's right to assert an interest in
7-5 a child under Subsection (a) does not apply to a man who files an
7-6 action to claim paternity of the child under this chapter before
7-7 the 30th day after the birth of the child.
7-8 (c) Ignorance of a pregnancy or of the birth or survival of
7-9 a child does not constitute an affirmative defense to the failure
7-10 to file a notice of intent to claim paternity of a child.
7-11 (d) Misrepresentation by a mother or another person
7-12 concerning the facts of a pregnancy, including the identity of the
7-13 father, is not an excuse for failing to file a notice of intent to
7-14 claim paternity of a child.
7-15 Sec. 160.259. CHANGE OR REVOCATION OF REGISTRY INFORMATION.
7-16 (a) A man who files a notice of intent to claim paternity with the
7-17 registry shall promptly notify the registry in writing of any
7-18 change in the information, including a change of address.
7-19 (b) A man who files a notice of intent to claim paternity
7-20 may at any time revoke the notice by sending the registry a written
7-21 statement signed and acknowledged by the registrant before a notary
7-22 public. The statement must include a declaration that, to the best
7-23 of the registrant's knowledge and belief:
7-24 (1) the registrant is not the father of the named
7-25 child; or
7-26 (2) a court has adjudicated paternity and a person
7-27 other than the registrant has been determined to be the father of
8-1 the child.
8-2 Sec. 160.260. FURNISHING OF CERTIFICATE OF REGISTRY SEARCH.
8-3 On request, the bureau of vital statistics shall furnish a
8-4 certificate, signed by the state registrar of vital statistics,
8-5 attesting to the results of a search of the registry regarding a
8-6 notice of intent to claim paternity to:
8-7 (1) a court;
8-8 (2) the mother of a child;
8-9 (3) an authorized agency;
8-10 (4) a licensed child-placing agency;
8-11 (5) an attorney licensed to practice law in this state
8-12 who is participating or assisting in an adoption; or
8-13 (6) any other person or entity the bureau of vital
8-14 statistics considers to have a legitimate interest in the
8-15 information.
8-16 Sec. 160.261. REMOVAL OF REGISTRANT'S NAME. If a court
8-17 determines that a registrant is not the father of the child, the
8-18 court shall order the bureau of vital statistics to remove the
8-19 registrant's name from the registry. On receipt of an order for
8-20 the removal of a registrant's name, the bureau of vital statistics
8-21 shall remove the name from the registry.
8-22 Sec. 160.262. REGISTRY FEES. (a) A fee may not be charged
8-23 for filing with the registry a notice of intent to claim paternity
8-24 of a child or a denial of a registrant's paternity.
8-25 (b) The Texas Department of Health may charge a fee for
8-26 processing a search of the paternity registry and for furnishing a
8-27 certificate under Section 160.260.
9-1 Sec. 160.263. ADMISSIBILITY OF INFORMATION MAINTAINED BY
9-2 REGISTRY. Information maintained by the paternity registry is
9-3 admissible in a proceeding in a court or administrative tribunal of
9-4 this state for any purpose, including for the establishment of the
9-5 registrant's paternity or an action to terminate parental rights.
9-6 SECTION 3. Section 161.002, Family Code, is amended by
9-7 amending Subsection (b) and adding Subsection (c) to read as
9-8 follows:
9-9 (b) The rights of an alleged biological father may be
9-10 terminated if: [,]
9-11 (1) after being served with citation, he does not
9-12 respond by timely filing an admission of paternity or a
9-13 counterclaim for paternity under Chapter 160 prior to the final
9-14 hearing in the suit; or
9-15 (2) he has not registered with the paternity registry
9-16 under Subchapter D, Chapter 160.
9-17 (c) The termination of the rights of an alleged biological
9-18 father under Subsection (b)(2) does not require personal service of
9-19 citation on the alleged biological father.
9-20 SECTION 4. Subchapter A, Chapter 161, Family Code, is
9-21 amended by adding Section 161.007 to read as follows:
9-22 Sec. 161.007. TERMINATION WHEN PREGNANCY RESULTS FROM
9-23 CRIMINAL ACT. The court may order the termination of the
9-24 parent-child relationship of a parent and a child if the court
9-25 finds that:
9-26 (1) the parent has been convicted of an offense
9-27 committed under Section 22.011, 22.021, or 25.02, Penal Code;
10-1 (2) as a direct result of the commission of the
10-2 offense by the parent, the victim of the offense became pregnant
10-3 with the parent's child; and
10-4 (3) termination is in the best interest of the child.
10-5 SECTION 5. Section 161.103, Family Code, is amended to read
10-6 as follows:
10-7 Sec. 161.103. AFFIDAVIT OF VOLUNTARY RELINQUISHMENT OF
10-8 PARENTAL RIGHTS. (a) An affidavit for voluntary relinquishment of
10-9 parental rights must be:
10-10 (1) signed after the birth of the child, but not
10-11 before 48 hours after the birth of the child, by the parent,
10-12 whether or not a minor, whose parental rights are to be
10-13 relinquished;
10-14 (2) witnessed by two credible persons; and
10-15 (3) verified before a person authorized to take oaths.
10-16 (b) The affidavit must contain:
10-17 (1) the name, address, and age of the parent whose
10-18 parental rights are being relinquished;
10-19 (2) the name, age, and birth date of the child;
10-20 (3) the names and addresses of the guardians of the
10-21 person and estate of the child, if any;
10-22 (4) a statement that the affiant is or is not
10-23 presently obligated by court order to make payments for the support
10-24 of the child;
10-25 (5) a full description and statement of value of all
10-26 property owned or possessed by the child;
10-27 (6) an allegation that termination of the parent-child
11-1 relationship is in the best interest of the child;
11-2 (7) one of the following, as applicable:
11-3 (A) the name and address of the other parent;
11-4 (B) a statement that the parental rights of the
11-5 other parent have been terminated by death or court order; or
11-6 (C) a statement that the child has no presumed
11-7 father and that an affidavit of status of the child has been
11-8 executed as provided by this chapter;
11-9 (8) a statement that the parent has been informed of
11-10 parental rights and duties; [and]
11-11 (9) a statement that the relinquishment is revocable,
11-12 that the relinquishment is irrevocable, or that the relinquishment
11-13 is irrevocable for a stated period of time;
11-14 (10) if the relinquishment is revocable, a statement
11-15 in boldfaced type concerning the right of the parent signing the
11-16 affidavit to revoke the relinquishment only if the revocation is
11-17 made before the 11th day after the date the revocation is executed;
11-18 (11) if the relinquishment is revocable, the name and
11-19 address of a person to whom the revocation is to be delivered; and
11-20 (12) the [.]
11-21 [(c) The affidavit may contain:]
11-22 [(1) a] designation of a qualified person, the
11-23 Department of Protective and Regulatory Services, if the department
11-24 has consented in writing to the designation, or a licensed
11-25 child-placing agency to serve as managing conservator of the child
11-26 and the address of the person or agency.[;]
11-27 (c) The affidavit may contain:
12-1 (1) [(2)] a waiver of process in a suit to terminate
12-2 the parent-child relationship filed under this chapter or in a suit
12-3 to terminate joined with a petition for adoption; and
12-4 (2) [(3)] a consent to the placement of the child for
12-5 adoption by the Department of Protective and Regulatory Services or
12-6 by a licensed child-placing agency.
12-7 (d) A copy of the affidavit shall be provided to the parent
12-8 at the time the parent signs the affidavit.
12-9 (e) The relinquishment in an [An] affidavit that [of
12-10 relinquishment of parental rights is irrevocable if it] designates
12-11 the Department of Protective and Regulatory Services or a licensed
12-12 child-placing agency to serve as the managing conservator is
12-13 irrevocable. A relinquishment in any [Any] other affidavit of
12-14 relinquishment is revocable unless it expressly provides that it is
12-15 irrevocable for a stated period of time not to exceed 60 days after
12-16 the date of its execution.
12-17 (f) A relinquishment in an affidavit of relinquishment of
12-18 parental rights that fails to state that the relinquishment is
12-19 irrevocable for a stated time is revocable as provided by Section
12-20 161.1035.
12-21 (g) To revoke a relinquishment under Subsection (e) the
12-22 parent must sign a statement witnessed by two credible persons and
12-23 verified before a person authorized to take oaths. A copy of the
12-24 revocation shall be delivered to the person designated in the
12-25 affidavit. If a parent attempting to revoke a relinquishment under
12-26 this subsection has knowledge that a suit for termination of the
12-27 parent-child relationship has been filed based on the parent's
13-1 affidavit of relinquishment of parental rights, the parent shall
13-2 file a copy of the revocation with the clerk of the court.
13-3 SECTION 6. Subchapter B, Chapter 161, Family Code, is
13-4 amended by adding Section 161.1035 to read as follows:
13-5 Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An
13-6 affidavit of relinquishment of parental rights or affidavit of
13-7 waiver of interest in a child that fails to state that the
13-8 relinquishment or waiver is irrevocable for a stated time is:
13-9 (1) revocable only if the revocation is made before
13-10 the 11th day after the date the affidavit is executed; and
13-11 (2) irrevocable on or after the 11th day after the
13-12 date the affidavit is executed.
13-13 SECTION 7. Section 161.106, Family Code, is amended by
13-14 adding Subsections (f)-(j) to read as follows:
13-15 (f) A waiver in an affidavit under this section that
13-16 designates the Department of Protective and Regulatory Services or
13-17 a licensed child-placing agency to serve as the managing
13-18 conservator is irrevocable. A waiver in any other affidavit under
13-19 this section is revocable unless it expressly provides that it is
13-20 irrevocable for a stated period not to exceed 60 days after the
13-21 date of execution.
13-22 (g) A waiver in an affidavit under this section that fails
13-23 to state that the waiver is irrevocable for a stated time is
13-24 revocable as provided by Section 161.1035.
13-25 (h) An affidavit under this section that contains a waiver
13-26 that is revocable must contain:
13-27 (1) a statement in boldfaced type concerning the right
14-1 of the person who executed the affidavit to revoke the affidavit
14-2 only if the revocation is made before the 11th day after the date
14-3 the affidavit is executed; and
14-4 (2) the name and address of the person to whom the
14-5 revocation is to be delivered.
14-6 (i) A copy of the affidavit shall be provided to the person
14-7 who executed the affidavit at the time the person signs the
14-8 affidavit.
14-9 (j) To revoke a waiver, the person who executed the
14-10 affidavit must sign a statement witnessed by two credible persons
14-11 and verified before a person authorized to take oaths. A copy of
14-12 the revocation shall be delivered to the person designated in the
14-13 affidavit of waiver of interest in a child. If a person attempting
14-14 to revoke an affidavit under this subsection has knowledge that a
14-15 suit for termination of the parent-child relationship based on the
14-16 person's waiver of interest in a child has been filed, the person
14-17 shall file a copy of the revocation with the clerk of the court.
14-18 SECTION 8. Subchapter B, Chapter 161, Family Code, is
14-19 amended by adding Sections 161.108, 161.109, and 161.110 to read as
14-20 follows:
14-21 Sec. 161.108. REVOCATION PERIOD NOT APPLICABLE. An
14-22 affidavit of relinquishment of parental rights under Section
14-23 161.103 or an affidavit of waiver of interest in a child under
14-24 Section 161.106 may provide that the required revocation period is
14-25 not applicable to the affidavit in a suit seeking termination of
14-26 the parent-child relationship brought by a governmental entity if:
14-27 (1) the affidavit is executed by a parent who has been
15-1 personally served with citation; and
15-2 (2) the parent has filed an answer in the suit or the
15-3 date to file an answer in the suit has passed.
15-4 Sec. 161.109. RELEASE OF CHILD FROM HOSPITAL OR BIRTHING
15-5 CENTER. (a) Before or at the time an affidavit of relinquishment
15-6 of parental rights under Section 161.103 is executed, the mother of
15-7 a newborn child who does not have a presumed father or, if the
15-8 child has a presumed father, for whom the presumed father has
15-9 executed an affidavit of waiver of interest in the child or
15-10 otherwise relinquished parental rights, may authorize the release
15-11 of the child from the hospital or birthing center to a licensed
15-12 child-placing agency, the Department of Protective and Regulatory
15-13 Services, or another designated person.
15-14 (b) A release under this section must be:
15-15 (1) executed in writing;
15-16 (2) witnessed by two credible adults; and
15-17 (3) verified before a person authorized to take oaths.
15-18 (c) A hospital or birthing center shall comply with the
15-19 terms of a release executed under this section without requiring a
15-20 court order.
15-21 Sec. 161.110. REQUIREMENT OF PATERNITY REGISTRY CERTIFICATE.
15-22 (a) If an affidavit of status of child as provided by this chapter
15-23 states that the father of the child is unknown and no probable
15-24 father is known, a certificate from the bureau of vital statistics
15-25 signed by the registrar that a diligent search has been made of the
15-26 paternity registry maintained by the bureau and that a registration
15-27 has not been found pertaining to the father of the child in
16-1 question must be filed with the court before a trial on the merits
16-2 in the suit for termination may be held.
16-3 (b) In a proceeding to terminate parental rights in which
16-4 the alleged or probable father has not been personally served with
16-5 citation or signed an affidavit of relinquishment or an affidavit
16-6 of waiver of interest, the court may not terminate the parental
16-7 rights of the alleged or probable father, whether known or unknown,
16-8 unless a certificate from the bureau of vital statistics signed by
16-9 the registrar states that a diligent search has been made of the
16-10 paternity registry maintained by the bureau and that a filing or
16-11 registration has not been found pertaining to the father of the
16-12 child in question.
16-13 SECTION 9. Section 161.201, Family Code, is amended to read
16-14 as follows:
16-15 Sec. 161.201. NO FINAL ORDER UNTIL AFFIDAVIT BECOMES
16-16 IRREVOCABLE [CHILD FIVE DAYS OLD]. If an affidavit relinquishing
16-17 parental rights or an affidavit of waiver of interest in a child
16-18 under this chapter has been executed and is revocable under its own
16-19 terms, the court may not hold a hearing on termination of parental
16-20 rights or render orders other than temporary orders until after the
16-21 date the affidavit becomes irrevocable. [If the petition in a suit
16-22 for termination is filed before the birth of the child, the court
16-23 may not conduct a hearing in the suit nor render an order other
16-24 than a temporary order until the child is at least five days old.]
16-25 SECTION 10. Subchapter C, Chapter 161, Family Code, is
16-26 amended by adding Section 161.211 to read as follows:
16-27 Sec. 161.211. DIRECT OR COLLATERAL ATTACK ON TERMINATION
17-1 ORDER. (a) The validity of an order terminating the parental
17-2 rights of a person who has been personally served or who has
17-3 executed an affidavit of relinquishment of parental rights or an
17-4 affidavit of waiver of interest in a child is not subject to
17-5 collateral or direct attack after the sixth month after the date
17-6 the order was rendered.
17-7 (b) The validity of an order terminating the parental rights
17-8 of a person who is served by citation by publication is not subject
17-9 to collateral or direct attack after the second anniversary of the
17-10 date the order was rendered.
17-11 (c) A direct or collateral attack on an order terminating
17-12 parental rights based on an unrevoked affidavit of relinquishment
17-13 of parental rights or affidavit of waiver of interest in a child is
17-14 limited to issues relating to fraud, duress, or coercion in the
17-15 execution of the affidavit.
17-16 SECTION 11. Subchapter A, Chapter 162, Family Code, is
17-17 amended by adding Section 162.0025 to read as follows:
17-18 Sec. 162.0025. ADOPTIVE HOME SCREENING. (a) The court
17-19 shall order an adoptive home screening to evaluate each party who
17-20 requests the adoption. The screening must be completed before a
17-21 child may be placed in an applicant's home unless the child is
17-22 being adopted by a member of the child's family related by the
17-23 second degree of consanguinity or affinity.
17-24 (b) The court may appoint an investigator to conduct the
17-25 screening required by this section who has the qualifications
17-26 established by rule of the Department of Protective and Regulatory
17-27 Services providing minimum qualifications for persons who may
18-1 perform adoptive home screenings.
18-2 (c) The cost of an adoptive home study shall be paid by an
18-3 applicant who seeks to adopt a child.
18-4 SECTION 12. Subchapter A, Chapter 162, Family Code, is
18-5 amended by adding Section 162.0045 to read as follows:
18-6 Sec. 162.0045. PREFERENTIAL SETTING. The court shall grant
18-7 a motion for a preferential setting for a final hearing on an
18-8 adoption and shall give precedence to that hearing over all other
18-9 civil cases not given preference by other law if the social study
18-10 has been filed and the criminal history for the person seeking to
18-11 adopt the child has been obtained.
18-12 SECTION 13. Section 162.0085(a), Family Code, is amended to
18-13 read as follows:
18-14 (a) In a suit affecting the parent-child relationship in
18-15 which an adoption is sought, the court shall order each person
18-16 seeking to adopt the child to obtain that person's own criminal
18-17 history record information. The court shall accept under this
18-18 section a person's criminal history record information that is
18-19 provided by the Department of Protective and Regulatory Services or
18-20 by a licensed child-placing agency that received the information
18-21 from the department if the information was obtained not more than
18-22 one year before the date the court ordered the history to be
18-23 obtained.
18-24 SECTION 14. Section 162.012(a), Family Code, is amended to
18-25 read as follows:
18-26 (a) Notwithstanding Rule 329, Texas Rules of Civil
18-27 Procedure, the [The] validity of an adoption order is not subject
19-1 to attack after the sixth month after [second anniversary of] the
19-2 date the order was rendered.
19-3 SECTION 15. Section 162.018, Family Code, is amended by
19-4 adding Subsection (d) to read as follows:
19-5 (d) At the time an adoption order is rendered, the court
19-6 shall provide to the parents of an adopted child information
19-7 provided by the bureau of vital statistics that describes the
19-8 functions of the voluntary adoption registry under Subchapter E.
19-9 The licensed child-placing agency shall provide to each of the
19-10 child's biological parents known to the agency, the information
19-11 when the parent signs an affidavit of relinquishment of parental
19-12 rights, affidavit of status of child, or affidavit of waiver of
19-13 interest in a child. The information shall include the right of
19-14 the child or biological parent to refuse to participate in the
19-15 registry. If the adopted child is 14 years old or older the court
19-16 shall provide the information to the child.
19-17 SECTION 16. Section 162.025, Family Code, is amended to read
19-18 as follows:
19-19 Sec. 162.025. PLACEMENT BY UNAUTHORIZED PERSON; OFFENSE.
19-20 (a) A person who is not the natural or adoptive parent of the
19-21 child, the legal guardian of the child, or a child-placing agency
19-22 licensed under Chapter 42, Human Resources Code, commits an offense
19-23 if the person:
19-24 (1) serves as an intermediary between a prospective
19-25 adoptive parent and an expectant parent or parent of a minor child
19-26 to identify the parties to each other [or facilitates the placement
19-27 of the child for adoption]; or
20-1 (2) places a child for adoption.
20-2 (b) It is not an offense under this section if a
20-3 professional provides legal or medical services to:
20-4 (1) a parent who identifies the prospective adoptive
20-5 parent and places the child for adoption without the assistance of
20-6 the professional; or
20-7 (2) a prospective adoptive parent who identifies a
20-8 parent and receives placement of a child for adoption without the
20-9 assistance of the professional.
20-10 (c) An offense under this section is a Class B misdemeanor.
20-11 SECTION 17. Section 162.402, Family Code, is amended by
20-12 amending Subdivisions (7) and (11) and adding Subdivision (14) to
20-13 read as follows:
20-14 (7) "Authorized agency" means a public agency
20-15 authorized to care for or to place children for adoption or a
20-16 private entity approved for that purpose by the department through
20-17 a license, certification, or other means. The term includes a
20-18 licensed child-placing agency or a previously licensed
20-19 child-placing agency that has ceased operations and has transferred
20-20 its adoption records to the bureau [department] or an agency
20-21 authorized by the department to place children for adoption and a
20-22 licensed child-placing agency that has been acquired by, merged
20-23 with, or otherwise succeeded by an agency authorized by the
20-24 department to place children for adoption.
20-25 (11) "Central registry" means the mutual consent
20-26 voluntary adoption registry established and maintained by the
20-27 bureau [department] under this subchapter.
21-1 (14) "Bureau" means the bureau of vital statistics.
21-2 SECTION 18. Sections 162.403(a) and (c), Family Code, are
21-3 amended to read as follows:
21-4 (a) The bureau [department] shall establish and maintain a
21-5 mutual consent voluntary adoption registry.
21-6 (c) An authorized agency that did not directly or by
21-7 contract provide registry services as required by this subchapter
21-8 on January 1, 1984, may not provide its own registry service. The
21-9 bureau [department] shall operate through the central registry
21-10 those services for agencies not permitted to provide a registry
21-11 under this section.
21-12 SECTION 19. Subchapter E, Chapter 162, Family Code, is
21-13 amended by adding Section 162.404 to read as follows:
21-14 Sec. 162.404. REQUIREMENT TO SEND INFORMATION TO CENTRAL
21-15 REGISTRY. An authorized agency that is permitted to provide a
21-16 registry under this subchapter or that participates in a mutual
21-17 consent voluntary adoption registry with an association of
21-18 authorized agencies shall send to the central registry a duplicate
21-19 of all information the registry maintains in the agency's registry
21-20 or sends to the registry in which the agency participates.
21-21 SECTION 20. Sections 162.407(b) and (c), Family Code, are
21-22 amended to read as follows:
21-23 (b) An adoptee adopted or placed through an authorized
21-24 agency may register through the registry maintained by that agency
21-25 or the registry to which the agency has delegated registry services
21-26 or through the central registry maintained by the bureau
21-27 [department].
22-1 (c) Birth parents and biological siblings shall register
22-2 through:
22-3 (1) the registry of the authorized agency through
22-4 which the adoptee was adopted or placed; or[. If the proper
22-5 registry is unknown or if the agency's registry refuses the
22-6 application, the birth parent or biological sibling may register
22-7 through]
22-8 (2) the central registry.
22-9 SECTION 21. Section 162.408, Family Code, is amended to read
22-10 as follows:
22-11 Sec. 162.408. PROOF OF IDENTITY. The rules and minimum
22-12 standards of the Texas Board of Health for the bureau [department]
22-13 must provide for proof of identity in order to facilitate the
22-14 purposes of this subchapter and to protect the privacy rights of
22-15 adoptees, adoptive parents, birth parents, biological siblings, and
22-16 their families.
22-17 SECTION 22. Section 162.411(d), Family Code, is amended to
22-18 read as follows:
22-19 (d) The fees collected by the bureau [department] shall be
22-20 deposited in a special fund in the general revenue fund. Funds in
22-21 the special fund may be appropriated only for the administration of
22-22 the central registry.
22-23 SECTION 23. Section 162.414(c), Family Code, is amended to
22-24 read as follows:
22-25 (c) To establish or corroborate a match, the administrator
22-26 shall request confirmation of a possible match from the bureau [of
22-27 vital statistics]. If the [department or] agency operating the
23-1 registry has in its own records sufficient information through
23-2 which the match may be confirmed, the administrator may, but is not
23-3 required to, request confirmation from the bureau [of vital
23-4 statistics]. The bureau [of vital statistics] may confirm or deny
23-5 the match without breaching the duty of confidentiality to the
23-6 adoptee, adoptive parents, birth parents, or biological siblings
23-7 and without a court order.
23-8 SECTION 24. Section 162.420, Family Code, is amended to read
23-9 as follows:
23-10 Sec. 162.420. RULEMAKING. (a) The Texas Board of Health
23-11 [department] shall make rules and adopt minimum standards for the
23-12 bureau to:
23-13 (1) administer the provisions of this subchapter; and
23-14 (2) ensure that each registry respects the right to
23-15 privacy and confidentiality of an adoptee, birth parent, and
23-16 biological sibling who does not desire to disclose the person's
23-17 identity.
23-18 (b) The bureau [department] shall conduct a comprehensive
23-19 review of all [of its] rules and standards adopted under this
23-20 subchapter not less than every six years.
23-21 (c) In order to provide the administrators an opportunity to
23-22 review proposed rules and standards and send written suggestions to
23-23 the Texas Board of Health [department], the board [department]
23-24 shall, before adopting rules and minimum standards, send a copy of
23-25 the proposed rules and standards not less than 60 days before the
23-26 date they take effect to:
23-27 (1) the administrator of each registry established
24-1 under this subchapter; and
24-2 (2) the administrator of each agency authorized by the
24-3 department to place children for adoption.
24-4 SECTION 25. Section 162.421(a), Family Code, is amended to
24-5 read as follows:
24-6 (a) This subchapter does not prevent the bureau [department]
24-7 from making known to the public, by appropriate means, the
24-8 existence of voluntary adoption registries.
24-9 SECTION 26. Sections 162.422(a) and (b), Family Code, are
24-10 amended to read as follows:
24-11 (a) The bureau [department] or authorized agency
24-12 establishing or operating a registry is not liable to any person
24-13 for obtaining or disclosing identifying information about a birth
24-14 parent, adoptee, or biological sibling within the scope of this
24-15 subchapter and under its provisions.
24-16 (b) An employee or agent of the bureau [department] or of an
24-17 authorized agency establishing or operating a registry under this
24-18 subchapter is not liable to any person for obtaining or disclosing
24-19 identifying information about a birth parent, adoptee, or
24-20 biological sibling within the scope of this subchapter and under
24-21 its provisions.
24-22 SECTION 27. Chapter 162, Family Code, is amended by adding
24-23 Subchapter G to read as follows:
24-24 SUBCHAPTER G. CONFIDENTIAL INTERMEDIARIES
24-25 Sec. 162.601. DEFINITIONS. In this subchapter:
24-26 (1) "Adoptee," "adoptive parent," and "biological
24-27 parent" have the meanings assigned those terms by Section 162.402.
25-1 (2) "Biological sibling" means one of the biological
25-2 siblings as defined by Section 162.402.
25-3 Sec. 162.602. APPOINTMENT OF CONFIDENTIAL INTERMEDIARY. (a)
25-4 On an application by an adoptee, adoptive parent, biological
25-5 parent, or biological sibling, a court that rendered an adoption
25-6 order may appoint a confidential intermediary under this
25-7 subchapter. The application must contain an affidavit that shows
25-8 the relationship of the applicant to a person sought to be located,
25-9 identifies the court as having rendered an adoption order relating
25-10 to the applicant or person sought to be located, and includes other
25-11 supporting information.
25-12 (b) The court may rule on an application under this section
25-13 without a hearing. The court may appoint any person who meets the
25-14 requirements of this subchapter as the intermediary.
25-15 Sec. 162.603. DUTIES AND POWERS OF CONFIDENTIAL
25-16 INTERMEDIARY. (a) A confidential intermediary shall:
25-17 (1) assist the person who requested the appointment of
25-18 the intermediary in locating an adoptee, adoptive parent,
25-19 biological parent, or biological sibling who is related to the
25-20 person; and
25-21 (2) be available for appointment by the court to act
25-22 as a confidential intermediary.
25-23 (b) A confidential intermediary may:
25-24 (1) inspect confidential adoption records as
25-25 authorized by the court on a motion filed by the adoptee, adoptive
25-26 parent, biological parent, or biological sibling; and
25-27 (2) use information contained in confidential adoption
26-1 records to locate an adoptee, adoptive parent, biological parent,
26-2 or biological sibling of the person who filed for the appointment
26-3 of the intermediary.
26-4 (c) A court that approves an application for the appointment
26-5 of a confidential intermediary must, in the court's order,
26-6 designate the specific records to which the intermediary is
26-7 entitled access.
26-8 (d) A court shall open adoption records maintained by the
26-9 court to a confidential intermediary appointed under this
26-10 subchapter.
26-11 (e) A licensed child-placing agency, voluntary adoption
26-12 registry under Subchapter E, and the bureau of vital statistics
26-13 shall open records designated under Subsection (c) to a
26-14 confidential intermediary.
26-15 (f) A confidential intermediary may not be appointed to
26-16 locate a person who is younger than 18 years of age.
26-17 Sec. 162.604. QUALIFICATIONS. To be eligible for
26-18 appointment as a confidential intermediary, a person must:
26-19 (1) be 21 years of age or older;
26-20 (2) have:
26-21 (A) a bachelor's degree in a social or
26-22 behavioral science from an accredited institution of higher
26-23 education;
26-24 (B) a high school diploma or the equivalent and
26-25 not less than six years of work experience in social services; or
26-26 (C) a certificate of registration as a private
26-27 investigator under the Private Investigators and Private Security
27-1 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes);
27-2 and
27-3 (3) not have been convicted of a felony or misdemeanor
27-4 involving moral turpitude or classified as an offense against a
27-5 person, public indecency, or possession or distribution of a
27-6 controlled substance described by Chapter 481, Health and Safety
27-7 Code.
27-8 Sec. 162.605. CONFIDENTIALITY. Information obtained by a
27-9 confidential intermediary in the course of the intermediary's
27-10 duties under this subchapter is confidential and may be used only
27-11 to arrange for communication between the person who requested the
27-12 appointment of the intermediary and a person sought by the
27-13 intermediary.
27-14 Sec. 162.606. CONSENT REQUIRED. (a) A confidential
27-15 intermediary who locates a person sought by the person who
27-16 requested the appointment of the intermediary may not arrange for
27-17 communication between the persons until the intermediary:
27-18 (1) obtains written consent from both persons stating
27-19 that each agrees to communicate directly; and
27-20 (2) notifies the court that consent under Subdivision
27-21 (1) has been obtained.
27-22 (b) If consent is not obtained from both persons, all
27-23 records and any information obtained by the confidential
27-24 intermediary during the course of the intermediary's investigation
27-25 shall be returned to the court and remains confidential.
27-26 Sec. 162.607. COSTS. The costs for the services of a
27-27 confidential intermediary shall be paid by the person who applied
28-1 for appointment of the intermediary.
28-2 Sec. 162.608. PENALTY. A person commits an offense if the
28-3 person is a confidential intermediary and the person knowingly
28-4 violates Section 162.605 or Section 162.606. An offense under this
28-5 section is a Class A misdemeanor.
28-6 SECTION 28. Chapter 25, Penal Code, is amended by adding
28-7 Section 25.09 to read as follows:
28-8 Sec. 25.09. ADVERTISING FOR PLACEMENT OF CHILD. (a) A
28-9 person commits an offense if the person advertises in the public
28-10 media that the person will place a child for adoption or will
28-11 provide or obtain a child for adoption.
28-12 (b) This section does not apply to a licensed child-placing
28-13 agency that is identified in the advertisement as a licensed
28-14 child-placing agency.
28-15 (c) An offense under this section is a Class A misdemeanor
28-16 unless the person has been convicted previously under this section,
28-17 in which event the offense is a felony of the third degree.
28-18 (d) In this section:
28-19 (1) "Child" has the meaning assigned by Section
28-20 101.003, Family Code.
28-21 (2) "Public media" has the meaning assigned by Section
28-22 38.01. The term also includes communications through the use of
28-23 the Internet or another public computer network.
28-24 SECTION 29. (a) This Act takes effect September 1, 1997.
28-25 (b) Except as otherwise provided by this section, the change
28-26 in law made by this Act applies only to a suit affecting the
28-27 parent-child relationship commenced on or after the effective date
29-1 of this Act. A suit affecting the parent-child relationship
29-2 commenced before the effective date of this Act is governed by the
29-3 law in effect on the date it was commenced, and the former law is
29-4 continued in effect for that purpose.
29-5 (c) The change in law made by this Act pertaining to the
29-6 termination of the parent-child relationship applies only to an
29-7 affidavit to relinquish parental rights or an affidavit of waiver
29-8 of interest in a child executed on or after the effective date of
29-9 this Act. An affidavit executed before the effective date of this
29-10 Act is governed by the law in effect on the date the affidavit was
29-11 executed, and the former law is continued in effect for that
29-12 purpose.
29-13 (d) The change in law made by this Act pertaining to the
29-14 appointment of a confidential intermediary applies only to a
29-15 confidential intermediary appointed on or after the effective date
29-16 of this Act. A confidential intermediary appointed before the
29-17 effective date of this Act is governed by the law in effect on the
29-18 date the confidential intermediary was appointed, and the former
29-19 law is continued in effect for that purpose.
29-20 (e) The change in law made by this Act pertaining to a
29-21 criminal offense applies only to an offense committed on or after
29-22 the effective date of this Act. For purposes of this subsection,
29-23 an offense is committed before the effective date of this Act if
29-24 any element of the offense occurs before that date. An offense
29-25 committed before the effective date of this Act is covered by the
29-26 law in effect when the offense was committed, and the former law is
29-27 continued in effect for that purpose.
30-1 (f) The change in law made by this Act transferring the
30-2 administration of the central voluntary adoption registry from the
30-3 Department of Protective and Regulatory Services to the bureau of
30-4 vital statistics takes effect January 1, 1998. On that date, the
30-5 powers, duties, obligations, rights, contracts, records, personnel,
30-6 property, and unexpended appropriations dedicated to the department
30-7 for the operation of the registry are transferred to the bureau.
30-8 The department and the bureau shall develop and implement a plan
30-9 before that date for the transfer of the registry.
30-10 SECTION 30. The importance of this legislation and the
30-11 crowded condition of the calendars in both houses create an
30-12 emergency and an imperative public necessity that the
30-13 constitutional rule requiring bills to be read on three several
30-14 days in each house be suspended, and this rule is hereby suspended.