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.