By King of Parker                                     H.B. No. 1632
         77R3883 JMM-D                           
                                A BILL TO BE ENTITLED
 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, Family Code, is amended to read
1-20     as follows:
1-21           Sec. 107.051.  ORDER FOR SOCIAL STUDY. (a)  The court may
1-22     order the preparation of a social study into the circumstances and
1-23     condition of the child and of the home of any person requesting
1-24     managing conservatorship or possession of the child.
 2-1           (b)  The social study may be made by a private entity, a
 2-2     person appointed by the court, or a state agency, including the
 2-3     Department of Protective and Regulatory Services if the department
 2-4     is a party to the suit or has an interest in the suit[, or a person
 2-5     appointed by the court].
 2-6           [(c)  In a suit in which adoption is requested or possession
 2-7     of or access to the child is an issue and in which the Department
 2-8     of Protective and Regulatory Services is not a party, the court
 2-9     shall appoint a private agency or person to conduct the social
2-10     study.]
2-11           SECTION 3. Subchapter D, Chapter 107, Family Code, is amended
2-12     by adding Section 107.0511 to read as follows:
2-13           Sec. 107.0511.  PRE-ADOPTIVE HOME SCREENING. (a)  In this
2-14     section, "department" means the Department of Protective and
2-15     Regulatory Services.
2-16           (b)  A pre-adoptive home screening shall be conducted as
2-17     provided by this section to evaluate each party in a proceeding
2-18     described by Subsection (c) who requests termination of the
2-19     parent-child relationship or an adoption.
2-20           (c)  Except for a suit brought by a licensed child-placing
2-21     agency or the department, the home screening under this section
2-22     shall be filed in any suit for:
2-23                 (1)  termination of the parent-child relationship in
2-24     which a person other than a parent may be appointed managing
2-25     conservator of a child; or
2-26                 (2)  an adoption.
2-27           (d)  Other than in a suit in which a licensed child-placing
 3-1     agency or the department is appointed managing conservator of the
 3-2     child, the home screening must be filed with the court before the
 3-3     court may sign the final order for termination of the parent-child
 3-4     relationship.
 3-5           (e)  The costs of a home screening in a suit for adoption
 3-6     under this section shall be paid by the prospective adoptive
 3-7     parent.
 3-8           (f)  Unless otherwise agreed to by the court, the home
 3-9     screening under this section must comply with the minimum
3-10     requirements for the screening under rules adopted by the Board of
3-11     Protective and Regulatory Services.
3-12           (g)  In a step-parent adoption, the pre-adoptive home
3-13     screening under this section and the post-placement adoptive report
3-14     under Section 107.052 may be combined.
3-15           SECTION 4. Section 107.052, Family Code, is amended to read
3-16     as follows:
3-17           Sec. 107.052.  POST-PLACEMENT ADOPTIVE REPORT [STANDARDS FOR
3-18     CONDUCTING SOCIAL STUDY]. (a)  In a proceeding in which a
3-19     pre-adoptive home screening is required by Section 107.0511 for an
3-20     adoption, a post-placement adoptive report must be conducted and
3-21     filed with the court before the court may render a final order in
3-22     the adoption.
3-23           (b)  Unless otherwise agreed to by the court, the
3-24     post-placement adoptive report must comply with the minimum
3-25     requirements for the report under rules adopted by the Board of
3-26     Protective and Regulatory Services [The court may appoint an
3-27     investigator to conduct the social study required by this section
 4-1     who has the qualifications established by the rules of the
 4-2     Department of Protective and Regulatory Services providing minimum
 4-3     qualifications for persons who may conduct social studies.  If the
 4-4     Department of Protective and Regulatory Services or another
 4-5     governmental entity is appointed, the person who conducts the
 4-6     investigation and makes the report must also have those
 4-7     qualifications].
 4-8           [(b)  A study made under this section shall comply with the
 4-9     rules of the Department of Protective and Regulatory Services
4-10     establishing minimum standards, guidelines, and procedures for
4-11     social studies or the criteria established by the court.]
4-12           [(c)  The social study shall contain any history of physical,
4-13     sexual, or emotional abuse suffered by the child.]
4-14           SECTION 5. Section 161.202, Family Code, is amended to read
4-15     as follows:
4-16           Sec. 161.202.  PREFERENTIAL SETTING[; SUIT BY GOVERNMENTAL
4-17     ENTITY]. In a termination suit [filed by a governmental entity,
4-18     licensed child-placing agency, or authorized agency], after a
4-19     hearing, the court shall grant a motion for a preferential setting
4-20     for a final hearing on the merits filed by a party to the suit or
4-21     by the attorney or guardian ad litem for the child and shall give
4-22     precedence to that hearing over other civil cases if:
4-23                 (1)  termination would make the child eligible for
4-24     adoption; and
4-25                 (2)  discovery has been completed or sufficient time
4-26     has elapsed since the filing of the suit for the completion of all
4-27     necessary and reasonable discovery if diligently pursued.
 5-1           SECTION 6. Section 162.003, Family Code, is amended to read
 5-2     as follows:
 5-3           Sec. 162.003.  PRE-ADOPTIVE HOME SCREENING AND POST-PLACEMENT
 5-4     REPORT [SOCIAL STUDY]. [(a)]  In a suit for adoption, a
 5-5     pre-adoptive home screening and post-placement report must be
 5-6     conducted [including a suit in which a private agency or individual
 5-7     is responsible for placing the child for adoption, the court shall
 5-8     order a social study] as provided in Chapter 107.
 5-9           [(b)  The social study required by this section must include
5-10     a complete investigation of the circumstances and condition of the
5-11     home of a person petitioning for the adoption of a child under this
5-12     chapter.]
5-13           [(c)  The court shall order that the cost of the social study
5-14     be paid by the person seeking to adopt the child who is the subject
5-15     of the social study.]
5-16           SECTION 7. Sections 162.0025 and 162.004, Family Code, are
5-17     repealed.
5-18           SECTION 8. This Act takes effect September 1, 2001, and
5-19     applies only to a suit affecting the parent-child relationship
5-20     filed on or after the effective date of this Act.  A suit affecting
5-21     the parent-child relationship filed before the effective date of
5-22     this Act is governed by the law in effect on the date the suit was
5-23     filed, and the former law is continued in effect for that purpose.