BILL ANALYSIS

 

 

                                                                                                                                               S.B.804

                                                                                                                                            By: Uresti

                                                                                                         Juvenile Justice & Family Issues

                                                                                                       Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

Concerns have been raised regarding the foster care placement or adoptive placement of siblings in different homes.  Under current law, a foster parent or an adoptive parent of a child does not have legal standing to bring suit to obtain custody of a sibling of a child already in that parent’s custody.

 

As proposed, S.B.804 authorizes such a parent to bring suit in order to have the siblings placed together in the same home.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. 

 

ANALYSIS

 

SECTION 1.                           Amends Section 102.005, Family Code, to authorize an adult who has                                            adopted, or is the foster parent of and has petitioned to adopt, a sibling of a                                   child, to file an original suit requesting only an adoption or for termination                                     of the parent-child relationship joined with a petition for adoption.

 

SECTION 2.                           Makes application of this Act prospective.

 

SECTION 3.                           Upon passage, or, if the Act does not receive the necessary vote, the Act                                        takes effect September 1, 2007.

 

 

 

EFFECTIVE DATE

 

September 1, 2007.