76R10570 MCK-D
By Goodman H.B. No. 3270
Substitute the following for H.B. No. 3270:
By Pickett C.S.H.B. No. 3270
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the involvement of the Department of Protective and
1-3 Regulatory Services in the adoption of certain children.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 162.018, Family Code, is amended by
1-6 amending Subsection (b) and adding Subsection (e) to read as
1-7 follows:
1-8 (b) Except as provided by Subsection (e), the [The] adoptive
1-9 parents and the adopted child, after the child is an adult, are
1-10 entitled to receive copies of the records that have been edited to
1-11 protect the identity of the biological parents and any other person
1-12 whose identity is confidential and other information relating to
1-13 the history of the child maintained by the department, licensed
1-14 child-placing agency, person, or entity placing the child for
1-15 adoption.
1-16 (e) Unless the records of a proceeding terminating the
1-17 parent-child relationship are sealed by a court order, the adoptive
1-18 parents of a child or of children who are siblings are entitled to
1-19 receive unedited copies of the records and other information
1-20 relating to the history of the child or children that are
1-21 maintained by the department, licensed child-placing agency,
1-22 person, or entity placing the child for adoption if the child or
1-23 one of the adopted siblings of the child is at least seven years of
1-24 age at the time of the adoption.
2-1 SECTION 2. Section 162.304, Family Code, is amended by
2-2 adding Subsection (f) to read as follows:
2-3 (f) If a child has a mental or physical disability that
2-4 warrants the continuation of assistance, an adoption assistance
2-5 agreement may provide for adoption subsidy payments to continue
2-6 through the end of the last month in which the child is regularly
2-7 attending high school or a vocational or technical training program
2-8 that is an alternative to high school. An adoption subsidy payment
2-9 may not be made for a child after the month of the child's 21st
2-10 birthday.
2-11 SECTION 3. Subchapter C, Chapter 264, Family Code, is
2-12 amended by adding Section 264.204 to read as follows:
2-13 Sec. 264.204. PRIORITY FOR DIFFICULT-TO-PLACE CHILDREN. In
2-14 providing services after adoption under Section 162.306, the
2-15 department shall give priority to a child, as defined by Section
2-16 162.301, and the child's adoptive family to ensure a successful
2-17 adoption.
2-18 SECTION 4. Subchapter C, Chapter 264, Family Code, is
2-19 amended by adding Section 264.2065 to read as follows:
2-20 Sec. 264.2065. RECRUITING ADOPTIVE FAMILIES. The department
2-21 shall attempt to increase the number of potential adoptive families
2-22 by engaging in activities that may include advertising for adoptive
2-23 parents, conducting seminars and conferences, and promoting
2-24 partnerships with churches and civic organizations to recruit
2-25 adoptive parents. The department shall enter into contracts with
2-26 appropriate licensed child-placing agencies to provide the agencies
2-27 with specific information about individual children potentially
3-1 needing adoptive placement.
3-2 SECTION 5. Section 264.207(b), Family Code, is amended to
3-3 read as follows:
3-4 (b) To accomplish the goals stated in Subsection (a), the
3-5 department shall:
3-6 (1) establish time frames for the initial screening of
3-7 families seeking to adopt children;
3-8 (2) provide for the evaluation of the effectiveness of
3-9 the department's management-level employees in expeditiously making
3-10 permanent placements for children;
3-11 (3) establish, as feasible, comprehensive assessment
3-12 services in various locations in the state to determine the needs
3-13 of children and families served by the department;
3-14 (4) emphasize and centralize the monitoring and
3-15 promoting of the permanent placement of children receiving
3-16 department services;
3-17 (5) establish goals and performance measures in the
3-18 permanent placement of children;
3-19 (6) seek private licensed child-placing agencies to
3-20 place a child in the department's managing conservatorship who has
3-21 been available for permanent placement for more than 90 days;
3-22 (7) provide information to private licensed
3-23 child-placing agencies concerning children under Subdivision (6);
3-24 (8) provide incentives for a private licensed
3-25 child-placing agency that places a child, as defined by Section
3-26 162.301, under Subdivision (6);
3-27 (9) encourage foster parents to be approved by the
4-1 department as both foster parents and adoptive parents;
4-2 (10) address failures by the department's service
4-3 regions in making permanent placements for children in a reasonable
4-4 time; [and]
4-5 (11) require the department's service regions to
4-6 participate in the Texas Adoption Resources Exchange; and
4-7 (12) centralize funding to pay licensed child-placing
4-8 agencies for placement and finalization services.
4-9 SECTION 6. Subchapter C, Chapter 264, Family Code, is
4-10 amended by adding Section 264.208 to read as follows:
4-11 Sec. 264.208. COOPERATION WITH LICENSED CHILD-PLACING
4-12 AGENCIES. (a) The department shall use licensed child-placing
4-13 agencies to assist the department in placing children. A licensed
4-14 child-placing agency may perform an adoptive home screening, social
4-15 study, or health, social, educational, and genetic history or any
4-16 other function to assist the department in expediting the adoption
4-17 process.
4-18 (b) The department shall cooperate with licensed
4-19 child-placing agencies through forming advisory groups, creating a
4-20 formal communication and complaint system, sharing information, and
4-21 taking other necessary actions.
4-22 SECTION 7. (a) The Department of Protective and Regulatory
4-23 Services shall expand the department's permanency achieved through
4-24 a coordinated efforts program to one metropolitan area and one
4-25 rural area of the state.
4-26 (b) The Department of Protective and Regulatory Services
4-27 shall expand its policies designed to promote the adoption of more
5-1 difficult-to-place children throughout the state.
5-2 (c) The Department of Protective and Regulatory Services
5-3 shall expand the department's policy under which an adoptive parent
5-4 may voluntarily relinquish to the department a child having special
5-5 needs for which the adoptive parent is unable to provide adequate
5-6 care.
5-7 SECTION 8. This Act takes effect September 1, 1999.
5-8 SECTION 9. The importance of this legislation and the
5-9 crowded condition of the calendars in both houses create an
5-10 emergency and an imperative public necessity that the
5-11 constitutional rule requiring bills to be read on three several
5-12 days in each house be suspended, and this rule is hereby suspended.