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.