1-1                                   AN ACT
 1-2     relating to certain requirements in connection with suits for the
 1-3     termination of the parent-child relationship and the adoption of
 1-4     children.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Section 105.006(a), Family Code, is amended to
 1-7     read as follows:
 1-8           (a)  A final order, other than in a proceeding under Chapter
 1-9     161 or 162, must contain:
1-10                 (1)  the social security number and driver's license
1-11     number of each party to the suit, including the child, except that
1-12     the child's social security number or driver's license number is
1-13     not required if the child has not been assigned a social security
1-14     number or driver's license number; and
1-15                 (2)  each party's current residence address, mailing
1-16     address, home telephone number, name of employer, address of
1-17     employment, and work telephone number, except as provided by
1-18     Subsection (c).
1-19           SECTION 2. Section 107.051(b), Family Code, is amended to
1-20     read as follows:
1-21           (b)  The social study may be made by a private entity, a
1-22     person appointed by the court, or a state agency, including the
1-23     Department of Protective and Regulatory Services if the department
1-24     is a party to the suit[, or a person appointed by the court].
 2-1           SECTION 3. Subchapter D, Chapter 107, Family Code, is amended
 2-2     by adding Section 107.0511 to read as follows:
 2-3           Sec. 107.0511.  PRE-ADOPTIVE HOME SCREENING. (a)  In this
 2-4     section, "department" means the Department of Protective and
 2-5     Regulatory Services.
 2-6           (b)  A pre-adoptive home screening shall be conducted as
 2-7     provided by this section to evaluate each party in a proceeding
 2-8     described by Subsection (c) who requests termination of the
 2-9     parent-child relationship or an adoption.
2-10           (c)  Except for a suit brought by a licensed child-placing
2-11     agency or the department, the home screening under this section
2-12     shall be filed in any suit for:
2-13                 (1)  termination of the parent-child relationship in
2-14     which a person other than a parent may be appointed managing
2-15     conservator of a child; or
2-16                 (2)  an adoption.
2-17           (d)  Other than in a suit in which a licensed child-placing
2-18     agency or the department is appointed managing conservator of the
2-19     child, the home screening under this section must be filed with the
2-20     court before the court may sign the final order for termination of
2-21     the parent-child relationship.
2-22           (e)  The costs of a home screening in a suit for adoption
2-23     under this section shall be paid by the prospective adoptive
2-24     parent.
2-25           (f)  Unless otherwise agreed to by the court, the home
2-26     screening under this section must comply with the minimum
2-27     requirements for the screening under rules adopted by the Board of
 3-1     Protective and Regulatory Services.
 3-2           (g)  In a stepparent adoption, the pre-adoptive home
 3-3     screening under this section and the post-placement adoptive report
 3-4     under Section 107.052 may be combined.
 3-5           SECTION 4. Section 107.052, Family Code, is amended to read
 3-6     as follows:
 3-7           Sec. 107.052.  POST-PLACEMENT ADOPTIVE REPORT [STANDARDS FOR
 3-8     CONDUCTING SOCIAL STUDY]. (a)  In a proceeding in which a
 3-9     pre-adoptive home screening is required by Section 107.0511 for an
3-10     adoption, a post-placement adoptive report must be conducted and
3-11     filed with the court before the court may render a final order in
3-12     the adoption.
3-13           (b)  Unless otherwise agreed to by the court, the
3-14     post-placement adoptive report must comply with the minimum
3-15     requirements for the report under rules adopted by the Board of
3-16     Protective and Regulatory Services [The court may appoint an
3-17     investigator to conduct the social study required by this section
3-18     who has the qualifications established by the rules of the
3-19     Department of Protective and Regulatory Services providing minimum
3-20     qualifications for persons who may conduct social studies.  If the
3-21     Department of Protective and Regulatory Services or another
3-22     governmental entity is appointed, the person who conducts the
3-23     investigation and makes the report must also have those
3-24     qualifications].
3-25           [(b)  A study made under this section shall comply with the
3-26     rules of the Department of Protective and Regulatory Services
3-27     establishing minimum standards, guidelines, and procedures for
 4-1     social studies or the criteria established by the court.]
 4-2           [(c)  The social study shall contain any history of physical,
 4-3     sexual, or emotional abuse suffered by the child.]
 4-4           SECTION 5. Section 161.202, Family Code, is amended to read
 4-5     as follows:
 4-6           Sec. 161.202.  PREFERENTIAL SETTING[; SUIT BY GOVERNMENTAL
 4-7     ENTITY]. In a termination suit [filed by a governmental entity,
 4-8     licensed child-placing agency, or authorized agency], after a
 4-9     hearing, the court shall grant a motion for a preferential setting
4-10     for a final hearing on the merits filed by a party to the suit or
4-11     by the attorney or guardian ad litem for the child and shall give
4-12     precedence to that hearing over other civil cases if:
4-13                 (1)  termination would make the child eligible for
4-14     adoption; and
4-15                 (2)  discovery has been completed or sufficient time
4-16     has elapsed since the filing of the suit for the completion of all
4-17     necessary and reasonable discovery if diligently pursued.
4-18           SECTION 6. Section 162.003, Family Code, is amended to read
4-19     as follows:
4-20           Sec. 162.003.  PRE-ADOPTIVE HOME SCREENING AND POST-PLACEMENT
4-21     REPORT [SOCIAL STUDY]. [(a)]  In a suit for adoption, a
4-22     pre-adoptive home screening and post-placement report must be
4-23     conducted [including a suit in which a private agency or individual
4-24     is responsible for placing the child for adoption, the court shall
4-25     order a social study] as provided in Chapter 107.
4-26           [(b)  The social study required by this section must include
4-27     a complete investigation of the circumstances and condition of the
 5-1     home of a person petitioning for the adoption of a child under this
 5-2     chapter.]
 5-3           [(c)  The court shall order that the cost of the social study
 5-4     be paid by the person seeking to adopt the child who is the subject
 5-5     of the social study.]
 5-6           SECTION 7. Sections 162.0025 and 162.004, Family Code, are
 5-7     repealed.
 5-8           SECTION 8. This Act takes effect September 1, 2001, and
 5-9     applies only to a suit affecting the parent-child relationship
5-10     filed on or after the effective date of this Act.  A suit affecting
5-11     the parent-child relationship filed before the effective date of
5-12     this Act is governed by the law in effect on the date the suit was
5-13     filed, and the former law is continued in effect for that purpose.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1632 was passed by the House on March
         21, 2001, by a non-record vote.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1632 was passed by the Senate on May
         3, 2001, by the following vote:  Yeas 30, Nays 0, 1 present, not
         voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor