1-1 By: King of Parker, et al. (Senate Sponsor - Harris) H.B. No. 1632
1-2 (In the Senate - Received from the House March 22, 2001;
1-3 March 26, 2001, read first time and referred to Committee on
1-4 Jurisprudence; April 24, 2001, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; April 24, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to certain requirements in connection with suits for the
1-9 termination of the parent-child relationship and the adoption of
1-10 children.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 105.006(a), Family Code, is amended to
1-13 read as follows:
1-14 (a) A final order, other than in a proceeding under Chapter
1-15 161 or 162, must contain:
1-16 (1) the social security number and driver's license
1-17 number of each party to the suit, including the child, except that
1-18 the child's social security number or driver's license number is
1-19 not required if the child has not been assigned a social security
1-20 number or driver's license number; and
1-21 (2) each party's current residence address, mailing
1-22 address, home telephone number, name of employer, address of
1-23 employment, and work telephone number, except as provided by
1-24 Subsection (c).
1-25 SECTION 2. Section 107.051(b), Family Code, is amended to
1-26 read as follows:
1-27 (b) The social study may be made by a private entity, a
1-28 person appointed by the court, or a state agency, including the
1-29 Department of Protective and Regulatory Services if the department
1-30 is a party to the suit[, or a person appointed by the court].
1-31 SECTION 3. Subchapter D, Chapter 107, Family Code, is amended
1-32 by adding Section 107.0511 to read as follows:
1-33 Sec. 107.0511. PRE-ADOPTIVE HOME SCREENING. (a) In this
1-34 section, "department" means the Department of Protective and
1-35 Regulatory Services.
1-36 (b) A pre-adoptive home screening shall be conducted as
1-37 provided by this section to evaluate each party in a proceeding
1-38 described by Subsection (c) who requests termination of the
1-39 parent-child relationship or an adoption.
1-40 (c) Except for a suit brought by a licensed child-placing
1-41 agency or the department, the home screening under this section
1-42 shall be filed in any suit for:
1-43 (1) termination of the parent-child relationship in
1-44 which a person other than a parent may be appointed managing
1-45 conservator of a child; or
1-46 (2) an adoption.
1-47 (d) Other than in a suit in which a licensed child-placing
1-48 agency or the department is appointed managing conservator of the
1-49 child, the home screening under this section must be filed with the
1-50 court before the court may sign the final order for termination of
1-51 the parent-child relationship.
1-52 (e) The costs of a home screening in a suit for adoption
1-53 under this section shall be paid by the prospective adoptive
1-54 parent.
1-55 (f) Unless otherwise agreed to by the court, the home
1-56 screening under this section must comply with the minimum
1-57 requirements for the screening under rules adopted by the Board of
1-58 Protective and Regulatory Services.
1-59 (g) In a stepparent adoption, the pre-adoptive home
1-60 screening under this section and the post-placement adoptive report
1-61 under Section 107.052 may be combined.
1-62 SECTION 4. Section 107.052, Family Code, is amended to read
1-63 as follows:
1-64 Sec. 107.052. POST-PLACEMENT ADOPTIVE REPORT [STANDARDS FOR
2-1 CONDUCTING SOCIAL STUDY]. (a) In a proceeding in which a
2-2 pre-adoptive home screening is required by Section 107.0511 for an
2-3 adoption, a post-placement adoptive report must be conducted and
2-4 filed with the court before the court may render a final order in
2-5 the adoption.
2-6 (b) Unless otherwise agreed to by the court, the
2-7 post-placement adoptive report must comply with the minimum
2-8 requirements for the report under rules adopted by the Board of
2-9 Protective and Regulatory Services [The court may appoint an
2-10 investigator to conduct the social study required by this section
2-11 who has the qualifications established by the rules of the
2-12 Department of Protective and Regulatory Services providing minimum
2-13 qualifications for persons who may conduct social studies. If the
2-14 Department of Protective and Regulatory Services or another
2-15 governmental entity is appointed, the person who conducts the
2-16 investigation and makes the report must also have those
2-17 qualifications].
2-18 [(b) A study made under this section shall comply with the
2-19 rules of the Department of Protective and Regulatory Services
2-20 establishing minimum standards, guidelines, and procedures for
2-21 social studies or the criteria established by the court.]
2-22 [(c) The social study shall contain any history of physical,
2-23 sexual, or emotional abuse suffered by the child.]
2-24 SECTION 5. Section 161.202, Family Code, is amended to read
2-25 as follows:
2-26 Sec. 161.202. PREFERENTIAL SETTING[; SUIT BY GOVERNMENTAL
2-27 ENTITY]. In a termination suit [filed by a governmental entity,
2-28 licensed child-placing agency, or authorized agency], after a
2-29 hearing, the court shall grant a motion for a preferential setting
2-30 for a final hearing on the merits filed by a party to the suit or
2-31 by the attorney or guardian ad litem for the child and shall give
2-32 precedence to that hearing over other civil cases if:
2-33 (1) termination would make the child eligible for
2-34 adoption; and
2-35 (2) discovery has been completed or sufficient time
2-36 has elapsed since the filing of the suit for the completion of all
2-37 necessary and reasonable discovery if diligently pursued.
2-38 SECTION 6. Section 162.003, Family Code, is amended to read
2-39 as follows:
2-40 Sec. 162.003. PRE-ADOPTIVE HOME SCREENING AND POST-PLACEMENT
2-41 REPORT [SOCIAL STUDY]. [(a)] In a suit for adoption, a
2-42 pre-adoptive home screening and post-placement report must be
2-43 conducted [including a suit in which a private agency or individual
2-44 is responsible for placing the child for adoption, the court shall
2-45 order a social study] as provided in Chapter 107.
2-46 [(b) The social study required by this section must include
2-47 a complete investigation of the circumstances and condition of the
2-48 home of a person petitioning for the adoption of a child under this
2-49 chapter.]
2-50 [(c) The court shall order that the cost of the social study
2-51 be paid by the person seeking to adopt the child who is the subject
2-52 of the social study.]
2-53 SECTION 7. Sections 162.0025 and 162.004, Family Code, are
2-54 repealed.
2-55 SECTION 8. This Act takes effect September 1, 2001, and
2-56 applies only to a suit affecting the parent-child relationship
2-57 filed on or after the effective date of this Act. A suit affecting
2-58 the parent-child relationship filed before the effective date of
2-59 this Act is governed by the law in effect on the date the suit was
2-60 filed, and the former law is continued in effect for that purpose.
2-61 * * * * *