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.