By Goodman                                            H.B. No. 2356
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to adoptions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 102.005, Family Code, is amended as
 1-5     follows:
 1-6           Sec. 102.005.  STANDING TO REQUEST TERMINATION AND/OR
 1-7     ADOPTION.  An original suit requesting only an adoption or for
 1-8     termination of the parent-child relationship joined with a petition
 1-9     for adoption may be filed by:
1-10                 (1)  a stepparent of the child;
1-11                 (2)  an adult who, as the result of a placement for
1-12     adoption, has had actual possession and control of the child at any
1-13     time during the 30-day period preceding the filing of the petition;
1-14                 (3)  an adult who has had actual possession and control
1-15     of the child for not less than two months during the three-month
1-16     period preceding the filing of the petition; or
1-17                 (4)  another adult whom the court determines to have
1-18     had substantial past contact with the child sufficient to warrant
1-19     standing to do so.
1-20                 (5)  a person who has been named as a prospective
1-21     adoptive parent by a pregnant woman or the parent of the child,
 2-1     whether or not the child is born, in a Statement to Confer
 2-2     Standing.
 2-3                       (A)  The Statement to Confer Standing must
 2-4     contain the following:
 2-5                             (i)  the names, age and address of the
 2-6     pregnant woman or the parent of the child;
 2-7                             (ii)  the anticipated due date or the date
 2-8     of birth of the child;
 2-9                             (iii)  a statement that the pregnant woman
2-10     or the parent consents to the prospective adoptive parent's filing
2-11     of a petition for termination or termination combined with an
2-12     adoption; and
2-13                             (iv)  a statement that the pregnant woman
2-14     or the parent understands that he or she has the right not to sign
2-15     an affidavit of voluntary relinquishment of parental rights.
2-16                       (B)  A person filing a petition for adoption
2-17     and/or termination pursuant to this section shall attach the
2-18     Statement to Confer Standing to the petition.
2-19                       (C)  The Statement to Confer Standing shall not
2-20     be used for any purposes other than for the purpose of conferring
2-21     standing.
2-22                       (D)  The Statement to Confer Standing may be
2-23     signed anytime after the first trimester.
2-24           SECTION 2.  Section 102.008, Family Code, is amended as
2-25     follows:
 3-1           Section 102.008.  CONTENTS OF PETITION.  (a)  the petition
 3-2     and all other documents in a proceeding filed under this title,
 3-3     except a suit for adoption of an adult, shall be entitled "in the
 3-4     interest of ________________, a child."  In a suit in which
 3-5     adoption of a child is requested, the style shall be "In the
 3-6     interest of a child."
 3-7           (b)  The petition must include:
 3-8                 (1)  a statement that the court in which the petition
 3-9     is filed has continuing, exclusive jurisdiction or that no court
3-10     has continuing jurisdiction of the suit;
3-11                 (2)  the name, sex, place and date of birth, and place
3-12     of residence of the child, except that if adoption of a child is
3-13     requested, the name of the child may be omitted;
3-14                 (3)  the full name, age, and place of residence of the
3-15     petitioner and the petitioner's relationship to the child or the
3-16     fact that no relationship exists;
3-17                 (4)  unless parental rights have been terminated, the
3-18     names, ages, and place of residence of the parents[,except in a
3-19     suit in which adoption is requested];
3-20                 (5)  the name and place of residence of the managing
3-21     conservator, if any, or the child's custodian, if any, appointed by
3-22     order of a court of another state or country;
3-23                 (6)  the names and places of residence of the guardians
3-24     of the person and estate of the child, if any;
3-25                 (7)  the names and places of residence of possessory
 4-1     conservators or other persons, if any, having possession of or
 4-2     access to the child under an order of the court;
 4-3                 (8)  unless parental rights have been terminated, the
 4-4     name and place of residence of an alleged father of the child or a
 4-5     statement that the identity of the father of the child is unknown;
 4-6                 (9)  a full description and statement of value of all
 4-7     property owned or possessed by the child;
 4-8                 (10)  a statement describing what action the court is
 4-9     requested to take concerning the child and the statutory grounds on
4-10     which the request is made; and
4-11                 (11)  any other information required by this title.
4-12           SECTION 3.  Section 105.006, Family Code, is amended as
4-13     follows:
4-14           Sec. 105.006.  CONTENTS OF FINAL ORDER.  (a)  Except in a
4-15     suit filed under Chapters 161 or 162, a final order must contain:
4-16                 (1)  the social security number and driver's license
4-17     number of each party to the suit, including the child, except that
4-18     the child's social security number or driver's license number is
4-19     not required if the child has not been assigned a social security
4-20     number or driver's license number; and
4-21                 (2)  each party's current residence address, mailing
4-22     address, home telephone number, name of employer, address of
4-23     employment, and work telephone number, except as provided by
4-24     Subsection (c).
4-25           SECTION 4.  Section 107.051, Family Code, is amended as
 5-1     follows:
 5-2           Sec. 107.[051]050.  ORDER FOR SOCIAL STUDY.  (a)  In any suit
 5-3     other than a suit seeking termination or adoption,  [T]the court
 5-4     may order the preparation of a social study into the circumstances
 5-5     and condition of the child and of the home of any person requesting
 5-6     managing conservatorship or possession of the child.
 5-7           (b)  The social study may be made by a state agency,
 5-8     including the Texas Department of Protective and Regulatory
 5-9     Services so long as the Texas Department of Protective and
5-10     Regulatory Services has an interest in the suit or is a party to
5-11     the suit, a private agency or a person appointed by the court.
5-12           [(c)  In a suit in which adoption is requested or possession
5-13     of or access to the child is an issue and in which the Department
5-14     of Protective and Regulatory Services is not a party or has no
5-15     interest, the court shall appoint a private agency or person to
5-16     conduct the social study.]
5-17           SECTION 5.  Subchapter D, Chapter 107, Family Code, is
5-18     amended by adding Section 107.051 to read as follows:
5-19           Sec. 107.051.  PRE-ADOPTIVE HOME SCREENING.  (a)  a
5-20     pre-adoptive home screening shall be conducted to evaluate each
5-21     party who requests a termination and/or adoption except in a
5-22     stepparent adoption.
5-23           (b)  Except in a suit brought by a licensed child placing
5-24     agency or the Texas Department of Protective and Regulatory
5-25     Services, the pre-adoptive home screening shall be filed in any
 6-1     suit for termination of the parent-child relationship seeking
 6-2     appointment of a non-parent managing conservator or in a suit
 6-3     seeking an adoption.
 6-4           (c)  Except in a suit in which a licensed child-placing
 6-5     agency or the Texas Department of Protective and Regulatory
 6-6     Services is appointed managing conservator of the child, the home
 6-7     screening shall be filed with the court prior to the Court's
 6-8     signing the final termination judgment.
 6-9           (d)  The cost of a pre-adoptive home screening shall be paid
6-10     by the prospective adoptive parent.
6-11           (e)  Except in a suit in which a licensed child-placing
6-12     agency or the Texas Department of Protective and Regulatory
6-13     Services is appointed managing conservator of the child, the
6-14     pre-adoptive home screening shall be conducted by a person with the
6-15     following qualifications:
6-16                 (1)  a master's degree in social work or in a human
6-17     services field from an accredited college or university and at
6-18     least three years of supervised child-placing experience and
6-19     licensed in the State of Texas; or
6-20                 (2)  A bachelor's or master's degree in social work or
6-21     a human services field from an accredited college or university if
6-22     the study is also approved by a person meeting the requirements in
6-23     (1) above;
6-24           (f)  The pre-adoptive screening shall include documentation
6-25     of the following:
 7-1                 (1)  at least one individual interview with the
 7-2     prospective adoptive parent;
 7-3                 (2)  at least on additional interview with the
 7-4     prospective adoptive parent, either jointly or as a family group;
 7-5                 (3)  at least one interview with each child and any
 7-6     other person living full- or part-time with the family;
 7-7                 (4)  at least one visit to the home when all members of
 7-8     the household are present;
 7-9                 (5)  at least one contact by telephone, in person or by
7-10     letter with each adult child of the prospective adoptive parents
7-11     who is no longer living in the home;
7-12                 (6)  all available information about each prospective
7-13     adoptive parent's motivation for adoption;
7-14                 (7)  all available information about the health status
7-15     (physical, mental, and emotional) of all persons living in the home
7-16     in relation to the family's ability to provide an adoptive home for
7-17     a child;
7-18                 (8)  all available information of marital and family
7-19     relationships in relation to the family's ability to provide an
7-20     adequate home;
7-21                 (9)  the feelings of each prospective parent regarding
7-22     his or her childhood and parents, including any history of abuse or
7-23     neglect and his or her resolution of such experiences;
7-24                 (10)  the values, feelings, and practices in regard to
7-25     child discipline and care of each prospective adoptive parent;
 8-1                 (11)  sensitivity to, and feelings about, children who
 8-2     may have been subjected to abuse, neglect, separation from and loss
 8-3     of their biological family if the prospective adoptive parents are
 8-4     considering options in addition to adoption of a newborn;
 8-5                 (12)  sensitivity to and feelings about, birth families
 8-6     of children placed for adoption and expectations about any on-going
 8-7     relationship with the birth family;
 8-8                 (13)  the attitude of the extended family of each
 8-9     prospective adoptive parent regarding adoption;
8-10                 (14)  sensitivity to, and feelings about, different
8-11     socioeconomic, cultural, and ethnic groups in relation to the
8-12     family's ability to provide an adoptive home and to maintain the
8-13     cultural or ethnic identity of a child from a different background
8-14     from that of the prospective adoptive parent(s), if applicable;
8-15                 (15)  expectations of, and plans for, adoptive
8-16     children;
8-17                 (16)  behavior, background, special needs status, or
8-18     other characteristics of a potential adoptive child the family
8-19     cannot accept; and
8-20                 (17)  financial status and ability to support a child,
8-21     including employment history and insurance coverage;
8-22           (g)  Prior to recommending approval of a prospective adoptive
8-23     parent for adoption, the licensed professional must document the
8-24     number, age, and sex, if applicable, of the children for whom the
8-25     home is appropriate for adoptive placement.
 9-1           (h)  In a stepparent adoption, the pre-placement home
 9-2     screenings and social study may be combined.
 9-3           SECTION 6.  REPEALER.  Section 107.052, Family Code, is
 9-4     repealed.
 9-5           SECTION 7.  Subchapter D, Chapter 107, Family Code, is
 9-6     amended by adding Section 107.052 to read as follows:
 9-7           Sec. 107.052.  POST-PLACEMENT ADOPTION STUDY (a)  After a
 9-8     child has been placed in the home of a prospective adoptive parent,
 9-9     in addition to the information documented in the pre-adoptive home
9-10     screening, a post-placement social study shall be conducted and
9-11     filed with the court prior to the finalization of an adoption.
9-12           (b)  The social study must include at least two (2) contacts
9-13     between the licensed professional or a court-appointed investigator
9-14     and each prospective adoptive parent, with at least one contact
9-15     being a face-to-face meeting between the licensed professional or
9-16     the court-appointed investigator and the entire family residing in
9-17     the adoptive home.
9-18           (c)  The licensed professional or court-appointed
9-19     investigator shall document whether the child(ren)'s needs are
9-20     being met in the adoptive placement.
9-21           (d)  Stepparent adoptions shall include a Post Placement
9-22     Adoption Social Study.
9-23           SECTION 8.  Section 160.258, Family Code, is amended as
9-24     follows:
9-25           Sec. 160.258.  EFFECT OF FAILURE TO TIMELY FILE NOTICE OF
 10-1    INTENT.  (a)  [Except as provided by Chapter 102 and Chapter 161,
 10-2    a] A man who fails to file a notice of intent to claim paternity on
 10-3    or before the 30th day after the date of the birth of the child may
 10-4    not assert an interest in the child unless he files a suit to
 10-5    establish paternity [before the termination of the man's parental
 10-6    rights] before a decree has been entered terminating the
 10-7    parent-child relationship between the child and any man alleged to
 10-8    be the biological father of the child in an Affidavit of Status of
 10-9    Child or pleading.
10-10          (b)  If a court has terminated the parent-child relationship
10-11    between the child and the man filing a suit to establish paternity
10-12    based upon his failure to timely file a Notice of Intent to Claim
10-13    Paternity, he has no standing to file a suit with regard to the
10-14    child.
10-15          (c)  After the 30th day after the birth of the child no man
10-16    may file a notice of intent to claim paternity with regard to the
10-17    child.
10-18          (d)  After the 30th day after the birth of the child, if a
10-19    decree has been entered terminating the parent child relationship
10-20    between the child and each alleged biological father, no person may
10-21    file a suit to establish paternity with regard to the child.
10-22          (e)  The Certificate of Registry Search indicating that no
10-23    man has filed a timely Notice of Intent to Claim Paternity must be
10-24    filed with the court prior to the entry of a final decree of
10-25    adoption.
 11-1          SECTION 9.  Section 161.002, Family Code, is amended as
 11-2    follows:
 11-3          (b)  The rights of an alleged biological father may be
 11-4    terminated if:
 11-5                (1)  after being served with citation, he does not
 11-6    respond by timely filing an admission of paternity or a
 11-7    counterclaim for paternity under Chapter 160 prior to the final
 11-8    hearing in the suit;
 11-9                (2)  he has not registered with the paternity registry
11-10    under Subchapter D, Chapter 160, and after the exercise of due
11-11    diligence by the petitioner:
11-12                      (A)  his identity and location are unknown; or
11-13                      (B)  his identity is known but he cannot be
11-14    located; or
11-15                (3)  he has registered with the paternity registry
11-16    under Subchapter D, but the petitioner's attempt to personally
11-17    serve citation at the address provided to the registry and at any
11-18    other address for the alleged father known by the petitioner has
11-19    been unsuccessful, despite the due diligence of the petitioner.
11-20          (c)  The rights of an alleged biological father served with a
11-21    citation who fails to appear or file an appropriate answer pursuant
11-22    to Subsection (b)(1) may be terminated by interlocutory default
11-23    judgment before or after the birth of the child.  Any answer filed
11-24    or appearance made after the answer date is void and of no effect.
11-25    An interlocutory default judgment against an alleged biological
 12-1    father will be voided and of no further force and effect if the
 12-2    termination suit in which he was served with a citation is
 12-3    dismissed for want of prosecution or nonsuit.  The clerk shall
 12-4    provide notice of default, nonsuit or dismissal pursuant to the
 12-5    Texas Rules of Civil Procedure.
 12-6          [(c)] (d)  The termination of the rights of an alleged
 12-7    biological father under Subsection (b)(2) rendered on or after
 12-8    January 1, 1998, does not require personal service of citation or
 12-9    citation by publication on the alleged father.
12-10          [(d)] (e)  The termination of rights of an alleged biological
12-11    father under Subsection (b)(3) does not require service of citation
12-12    by publication on the alleged father.
12-13          [(e)] (f)  The court shall not render an order terminating
12-14    parental rights under Subsection (b)(2) unless the court, after
12-15    reviewing the petitioner's sworn affidavit describing the
12-16    petitioner's effort to identify and locate the alleged biological
12-17    father and considering any evidence submitted by the attorney ad
12-18    litem for the alleged biological father, has found that the
12-19    petitioner exercised due diligence in attempting to identify and
12-20    locate the alleged biological father, has found that the petitioner
12-21    exercised due diligence in attempting to identify and locate the
12-22    alleged biological father.  The order shall contain specific
12-23    findings regarding due diligence of the petitioner.
12-24          [(f)] (g)  The court shall not render an order terminating
12-25    parental rights under Subsection (b)(3) unless the court, after
 13-1    reviewing the petitioner's sworn affidavit describing the
 13-2    petitioner's effort to obtain personal service of citation on the
 13-3    alleged father and considering any evidence submitted by the
 13-4    attorney ad litem for the alleged father, has found that the
 13-5    petitioner exercised due diligence in attempting to obtain service
 13-6    on the alleged father.  The order shall contain specific findings
 13-7    regarding the exercise of due diligence of the petitioner.
 13-8          SECTION 10.  Section 161.103, Family Code is amended as
 13-9    follows:
13-10          (f)  A relinquishment in an affidavit of relinquishment of
13-11    parental rights that fails to state that the relinquishment is
13-12    irrevocable for a stated time is revocable as provided by Section
13-13    161.1035 until a final judgment is entered.
13-14          SECTION 11.  REPEALER.  Section 161.201, Family Code, is
13-15    repealed.
13-16          SECTION 12.  REPEALER.  Section 161.0025, Family Code, is
13-17    repealed.
13-18          SECTION 13.  REPEALER.  Section 162.003, Family Code, is
13-19    repealed.
13-20          SECTION 14.  Subchapter A, Chapter 162, Family Code, is
13-21    amended by adding Section 162.003 to read as follows:
13-22          Sec. 162.003.  PRE-ADOPTIVE HOME SCREENING AND POST-PLACEMENT
13-23    ADOPTIVE STUDY.  In a suit for adoption a pre-adoptive home
13-24    screening and social study shall be conducted and filed with the
13-25    court as provided in Chapter 107.
 14-1          SECTION 15.  REPEALER.  Section 162.004, Family Code, is
 14-2    repealed.
 14-3          SECTION 16.  Section 161.202, Family Code, is amended as
 14-4    follows:
 14-5          Sec. 161.202.  PREFERENTIAL SETTING[: SUIT BY GOVERNMENT
 14-6    ENTITY.]  In [a] any termination suit [filed by a governmental
 14-7    entity, licensed child placing agency, or authorized agency,] after
 14-8    a hearing, the court shall grant a motion for a preferential
 14-9    setting for a final hearing on the merits filed by a party to the
14-10    suit or by the attorney or guardian ad litem for the child and
14-11    shall give precedence to that hearing over other civil cases if:
14-12                (1)  termination would make the child eligible for
14-13    adoption; and
14-14                (2)  discovery has been completed or sufficient time
14-15    has elapsed since the filing of the suit for the completion of all
14-16    necessary and reasonable discovery if diligently pursued.
14-17          SECTION 17.  Section 25.08, Penal Code, is amended as
14-18    follows:
14-19          Sec. 2508.  SALE OR PURCHASE OF CHILD.  (a)  A person commits
14-20    an offense if he:
14-21                (1)  possesses a child younger than 18 years of age or
14-22    has the custody, conservatorship, or guardianship of a child
14-23    younger than 18 years of age, whether or not he has actual
14-24    possession of the child, and he offers to accept, agrees to accept,
14-25    or accepts a thing of value for the delivery of the child to
 15-1    another or for the possession of the child by another for purposes
 15-2    of adoption; or
 15-3                (2)  offers to give, agrees to give, or gives a thing
 15-4    of value to another for acquiring or maintaining the possession of
 15-5    a child for the purpose of adoption.
 15-6          (b)  It is an exception to the application of this section
 15-7    that the thing of value is:
 15-8                (1)  [a] fees and reimbursements paid to a
 15-9    child-placing agency as allowed by law or regulation;
15-10                (2)  a fee paid to an attorney, a mental health
15-11    professional or physician for services rendered in the usual course
15-12    of legal, adoption counseling or medical practice;[or]
15-13                (3)  a reimbursement of legal or medical expenses
15-14    incurred by a person for the benefit of a child[.]; or
15-15                (4)  other necessary pregnancy related expenses paid by
15-16    a child-placing agency for the benefit of the child's parent during
15-17    the pregnancy and after the birth of the child as allowed by the
15-18    Minimum Standards for Child-Placing Agencies and the Texas
15-19    Department of Protective and Regulatory Services regulations.
15-20          SECTION 18.  Section 102.003, Family Code, is amended as
15-21    follows:
15-22          Sec. 102.003.  GENERAL STANDING TO FILE SUIT.  An original
15-23    suit may be filed at any time by:
15-24                (1)  a parent of the child;
15-25                (2)  the child through a representative authorized by
 16-1    the court;
 16-2                (3)  a custodian or person having the right of
 16-3    visitation with or access to the child appointed by an order of a
 16-4    court of another state or country;
 16-5                (4)  a guardian of the person or of the estate of the
 16-6    child;
 16-7                (5)  a governmental entity;
 16-8                (6)  an authorized agency;
 16-9                (7)  a licensed child placing agency;
16-10                (8)  a man alleging himself to be the biological father
16-11    of a child filing in accordance with Chapter 160, subject to the
16-12    limitations of Section 160.101, but not otherwise;
16-13                (9)  a person who has had actual care, control, and
16-14    possession of the child for not less than six months preceding the
16-15    filing of the petition;
16-16                (10)  a person designated as the managing conservator
16-17    in a revoked or unrevoked affidavit of relinquishment under Chapter
16-18    161 or to whom consent to adoption has been given in writing under
16-19    Chapter 162; or
16-20                (11)  a person with whom the child and the child's
16-21    guardian, managing conservator, or parent have resided for not less
16-22    than six months preceding the filing of the petition if the child's
16-23    guardian, managing conservator, or parent is deceased at the time
16-24    of the filing of the petition[; or].
16-25                [(12)  a person who is the foster parent of a child
 17-1    placed by the Department of Protective and Regulatory Services in
 17-2    the person's home for a period of not less than 18 months preceding
 17-3    the date of the filing of the petition.]
 17-4          SECTION 19.  This Act takes effect on September 1, 1999.
 17-5          SECTION 20.  The importance of this legislation and the
 17-6    crowded condition of the calendars in both houses create an
 17-7    emergency and an imperative public necessity that the
 17-8    constitutional rule requiring bills to be read on three several
 17-9    days in each house be suspended, and this rule is hereby suspended.