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A BILL TO BE ENTITLED
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AN ACT
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relating to the Uniform Parentage Act, termination of parental |
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rights, and matters relating to determination of paternity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 102.009(a), Family Code, is amended to |
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read as follows: |
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(a) Except as provided by Subsection (b), the following are |
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entitled to service of citation on the filing of a petition in an |
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original suit: |
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(1) a managing conservator; |
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(2) a possessory conservator; |
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(3) a person having possession of or access to the |
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child under an order; |
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(4) a person required by law or by order to provide for |
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the support of the child; |
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(5) a guardian of the person of the child; |
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(6) a guardian of the estate of the child; |
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(7) each parent as to whom the parent-child |
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relationship has not been terminated or process has not been waived |
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under Chapter 161; |
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(8) an alleged father, unless there is attached to the |
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petition an affidavit of waiver of interest in a child executed by |
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the alleged father as provided by Chapter 161 or unless the |
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petitioner has complied with the provisions of Section |
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161.002(b)(2), (3), or (4) [161.002(b)(2) or (b)(3)]; |
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(9) a man who has filed a notice of intent to claim |
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paternity as provided by Chapter 160; |
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(10) the Department of Family and Protective Services, |
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if the petition requests that the department be appointed as |
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managing conservator of the child; |
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(11) the Title IV-D agency, if the petition requests |
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the termination of the parent-child relationship and support rights |
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have been assigned to the Title IV-D agency under Chapter 231; |
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(12) a prospective adoptive parent to whom standing |
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has been conferred under Section 102.0035; and |
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(13) a person designated as the managing conservator |
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in a revoked or unrevoked affidavit of relinquishment under Chapter |
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161 or to whom consent to adoption has been given in writing under |
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Chapter 162. |
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SECTION 2. Section 160.403, Family Code, is amended to read |
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as follows: |
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Sec. 160.403. NOTICE OF PROCEEDING. Except as provided by |
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Sections 161.002(b)(2), (3), and (4) and (f), notice [Notice] of a |
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proceeding to adopt or to terminate parental rights regarding a |
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child must be given to a registrant who has timely registered with |
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regard to that child. Notice must be given in a manner prescribed |
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for service of process in a civil action. |
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SECTION 3. Section 160.422(d), Family Code, is amended to |
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read as follows: |
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(d) A search of the registry is not required if a |
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parent-child relationship exists between a man and the child, as |
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provided by Section 160.201(b), and that man: |
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(1) has been served with citation of the proceeding |
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for termination of the parent-child relationship; or |
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(2) [the only man alleged to be the father of the
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child] has signed a [waiver of interest in, or] relinquishment of |
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parental rights with regard to[,] the child. |
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SECTION 4. Section 161.002, Family Code, is amended to read |
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as follows: |
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Sec. 161.002. TERMINATION OF THE RIGHTS OF AN ALLEGED |
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BIOLOGICAL FATHER. (a) Except as otherwise provided by this |
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section, the [The] procedural and substantive standards for |
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termination of parental rights apply to the termination of the |
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rights of an alleged father. |
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(b) The rights of an alleged father may be terminated if: |
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(1) after being served with citation, he does not |
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respond by timely filing an admission of paternity or a |
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counterclaim for paternity under Chapter 160; |
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(2) the child is over one year of age at the time the |
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petition for termination of the parent-child relationship or for |
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adoption is filed, he has not registered with the paternity |
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registry under Chapter 160, and after the exercise of due diligence |
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by the petitioner: |
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(A) his identity and location are unknown; or |
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(B) his identity is known but he cannot be |
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located; [or] |
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(3) the child is under one year of age at the time the |
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petition for termination of the parent-child relationship or for |
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adoption is filed and he has not registered with the paternity |
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registry under Chapter 160; or |
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(4) he has registered with the paternity registry |
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under Chapter 160, but the petitioner's attempt to personally serve |
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citation at the address provided to the registry and at any other |
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address for the alleged father known by the petitioner has been |
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unsuccessful, despite the due diligence of the petitioner. |
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(c) The termination of the rights of an alleged father under |
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Subsection (b)(2) rendered on or after January 1, 1998, and before |
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January 1, 2008, does not require personal service of citation or |
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citation by publication on the alleged father. |
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(c-1) The termination of the rights of an alleged father |
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under Subsection (b)(2) or (3) rendered on or after January 1, 2008, |
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does not require personal service of citation or citation by |
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publication on the alleged father, and there is no requirement to |
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identify or locate an alleged father who has not registered with the |
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paternity registry under Chapter 160. |
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(d) The termination of rights of an alleged father under |
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Subsection (b)(4) [(b)(3)] does not require service of citation by |
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publication on the alleged father. |
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(e) The court shall not render an order terminating parental |
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rights under Subsection (b)(2) or (3) unless the court receives |
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evidence of a certificate of the results of a search of the |
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paternity registry under Chapter 160 from the bureau of vital |
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statistics indicating that no man has registered the intent to |
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claim paternity[, after reviewing the petitioner's sworn affidavit
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describing the petitioner's effort to identify and locate the
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alleged father and considering any evidence submitted by the
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attorney ad litem for the alleged father, has found that the
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petitioner exercised due diligence in attempting to identify and
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locate the alleged father. The order shall contain specific
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findings regarding due diligence of the petitioner]. |
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(f) The court shall not render an order terminating parental |
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rights under Subsection (b)(4) [(b)(3)] unless the court, after |
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reviewing the petitioner's sworn affidavit describing the |
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petitioner's effort to obtain personal service of citation on the |
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alleged father and considering any evidence submitted by the |
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attorney ad litem for the alleged father, has found that the |
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petitioner exercised due diligence in attempting to obtain service |
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on the alleged father. The order shall contain specific findings |
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regarding the exercise of due diligence of the petitioner. |
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SECTION 5. Section 161.103(b), Family Code, is amended to |
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read as follows: |
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(b) The affidavit must contain: |
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(1) the name, address, and age of the parent whose |
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parental rights are being relinquished; |
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(2) the name, age, and birth date of the child; |
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(3) the names and addresses of the guardians of the |
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person and estate of the child, if any; |
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(4) a statement that the affiant is or is not presently |
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obligated by court order to make payments for the support of the |
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child; |
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(5) a full description and statement of value of all |
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property owned or possessed by the child; |
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(6) an allegation that termination of the parent-child |
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relationship is in the best interest of the child; |
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(7) one of the following, as applicable: |
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(A) the name and address of the other parent; |
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(B) a statement that the parental rights of the |
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other parent have been terminated by death or court order; or |
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(C) a statement that the child has no presumed |
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father [and that an affidavit of status of the child has been
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executed as provided by this chapter]; |
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(8) a statement that the parent has been informed of |
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parental rights and duties; |
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(9) a statement that the relinquishment is revocable, |
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that the relinquishment is irrevocable, or that the relinquishment |
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is irrevocable for a stated period of time; |
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(10) if the relinquishment is revocable, a statement |
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in boldfaced type concerning the right of the parent signing the |
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affidavit to revoke the relinquishment only if the revocation is |
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made before the 11th day after the date the affidavit is executed; |
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(11) if the relinquishment is revocable, the name and |
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address of a person to whom the revocation is to be delivered; and |
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(12) the designation of a prospective adoptive parent, |
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the Department of Family and Protective [and Regulatory] Services, |
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if the department has consented in writing to the designation, or a |
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licensed child-placing agency to serve as managing conservator of |
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the child and the address of the person or agency. |
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SECTION 6. Section 161.1035, Family Code, is amended to |
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read as follows: |
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Sec. 161.1035. REVOCABILITY OF CERTAIN AFFIDAVITS. An |
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affidavit of relinquishment of parental rights [or affidavit of
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waiver of interest in a child] that fails to state that the |
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relinquishment or waiver is irrevocable for a stated time is: |
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(1) revocable only if the revocation is made before |
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the 11th day after the date the affidavit is executed; and |
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(2) irrevocable on or after the 11th day after the date |
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the affidavit is executed. |
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SECTION 7. Section 161.106(f), Family Code, is amended to |
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read as follows: |
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(f) A waiver in an affidavit under this section [that
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designates the Department of Protective and Regulatory Services or
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a licensed child-placing agency to serve as the managing
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conservator] is irrevocable. [A waiver in any other affidavit
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under this section is revocable unless it expressly provides that
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it is irrevocable for a stated period not to exceed 60 days after
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the date of execution.] |
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SECTION 8. Section 161.107(a)(1), Family Code, is amended |
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to read as follows: |
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(1) "Parent" means a parent, as defined by Section |
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160.102, whose parent-child relationship with a child has not been |
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terminated. The term does not include a man who does not have a |
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parent-child relationship established under Chapter 160. |
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SECTION 9. Section 161.107(b), Family Code, is amended to |
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read as follows: |
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(b) If a parent of the child has not been personally served |
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in a suit in which the Department of Family and Protective [and
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Regulatory] Services seeks termination, the department must make a |
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diligent effort to locate that parent. |
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SECTION 10. Section 161.109(a), Family Code, is amended to |
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read as follows: |
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(a) If a parent-child relationship does not exist between |
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the child and any man [an affidavit of status of child as provided
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by this chapter states that the father of the child is unknown and
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no probable father is known], a certificate from the bureau of vital |
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statistics signed by the registrar that a diligent search has been |
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made of the paternity registry maintained by the bureau and that a |
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registration has not been found pertaining to the father of the |
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child in question must be filed with the court before a trial on the |
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merits in the suit for termination may be held. |
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SECTION 11. Section 162.018(d), Family Code, is amended to |
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read as follows: |
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(d) At the time an adoption order is rendered, the court |
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shall provide to the parents of an adopted child information |
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provided by the bureau of vital statistics that describes the |
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functions of the voluntary adoption registry under Subchapter E. |
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The licensed child-placing agency shall provide to each of the |
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child's biological parents known to the agency, the information |
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when the parent signs an affidavit of relinquishment of parental |
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rights[, affidavit of status of child,] or affidavit of waiver of |
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interest in a child. The information shall include the right of the |
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child or biological parent to refuse to participate in the |
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registry. If the adopted child is 14 years old or older the court |
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shall provide the information to the child. |
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SECTION 12. Sections 263.407(a) and (c), Family Code, are |
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amended to read as follows: |
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(a) There is a rebuttable presumption that a parent who |
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delivers a child to a designated emergency infant care provider in |
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accordance with Subchapter D, Chapter 262: |
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(1) is the child's biological parent; [and] |
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(2) intends to relinquish parental rights and consents |
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to the termination of parental rights with regard to the child; and |
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(3) intends to waive the right to notice of the suit |
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terminating the parent-child relationship. |
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(c) Before the court may render an order terminating [filing
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a petition to terminate the] parental rights with regard to a child |
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taken into the department's custody under Section 262.303, the |
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department must: |
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(1) verify with the National Crime Information Center |
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and state and local law enforcement agencies that the child is not a |
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missing child; and |
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(2) obtain a certificate of the search of the |
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paternity registry under Subchapter E, Chapter 160, not earlier |
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than the date the department estimates to be the 30th day after the |
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child's date of birth. |
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SECTION 13. Sections 161.105 and 161.106(g), (h), and (j), |
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Family Code, are repealed. |
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SECTION 14. The change in law made by this Act by the |
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amendment of Sections 263.407(a) and (c), Family Code, applies to a |
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child for whom the Department of Family and Protective Services |
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assumes responsibility under Subchapter D, Chapter 262, Family |
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Code, regardless of whether the department assumed responsibility |
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for the child before, on, or after the effective date of this Act. |
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SECTION 15. The changes in law made by this Act apply only |
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to a suit affecting the parent-child relationship filed on or after |
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the effective date of this Act. A suit affecting the parent-child |
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relationship filed before the effective date of this Act is |
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governed by the law in effect on the date the suit was filed, and the |
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former law is continued in effect for that purpose. |
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SECTION 16. This Act takes effect September 1, 2007. |