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SECTION 1. Subtitle A, Title
2, Family Code, is amended by adding Chapter 35 to read as follows:
CHAPTER 35. RIGHTS OF
CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD IN SCHOOL
Sec. 35.001. DEFINITION.
Sec. 35.002. AFFIDAVIT OF
CAREGIVER. (a) A caregiver of a child who is a relative of the child may
execute an affidavit indicating that:
(1) the child primarily
resides with the caregiver; and
(2) the parent or legal
guardian cannot be contacted for
authorization.
(b) The affidavit must be
witnessed by two witnesses who are at least 18 years of age or older and at
least one of whom is not related by blood or marriage to the child or the
caregiver.
(c) The completed
affidavit must be notarized.
Sec. 35.003. RIGHTS AND
DUTIES OF CHILD AND CAREGIVER.
Sec. 35.004. EFFECT OF
AFFIDAVIT. (a) A person who relies on an affidavit that complies with
this chapter has no obligation to make any further inquiry or
investigation.
(b) The caregiver's
authorization affidavit does not affect the rights of the child's parent or
legal guardian regarding the care, custody, and control of the child and
does not mean that the caregiver has legal custody of the child.
Sec. 35.005. FORM OF
AFFIDAVIT. The caregiver's authorization affidavit must be in
substantially the following form:
Caregiver's Authorization
Affidavit
Use of this affidavit is
authorized by Chapter 35, Family Code.
Instructions: Completion
of and the signing of the affidavit are sufficient to authorize enrollment
of a child in school. Print clearly.
The child named below
lives in my home and I am 18 years of age or older.
1. Name of child:
______________________________.
2. Child's birth date:
__________________________.
3. My name (adult giving
authorization): _____________.
4. My home address:
_________________________
____________________________
____________________________.
5. ( ) I am a
grandparent, aunt, uncle, or other qualified relative of the child (see
portion of this form that provides definition of "qualified
relative").
6. ( ) I am unable to
contact the parent(s) or other person(s) having legal custody of the child
at this time to notify them of my intended authorization.
7. My date of birth:
_________________________________.
8. My Texas driver's
license or identification card number, or other form of identification
(specify): ______________________________________________________.
Warning: Do not sign this
form if any of the statements above are incorrect, or you will be
committing a crime punishable by a fine, imprisonment, or both.
I declare under penalty of
perjury under the laws of the State of Texas that the foregoing is true and
correct.
Dated:
_______________________
Signed:
_________________________
Witnesses:
I am 18 years of age or
older and I am not related to the child, the parents of the child, or the
caregiver by blood or marriage.
Signature:
_____________________________
Printed Name:
___________________________
Date:
________________________
I am 18 years of age or
older.
Signature:
_____________________________
Printed Name:
___________________________
Date:
________________________
Notary:
State of
_____________________________
County of
_____________________________
Subscribed and sworn to
before me, a notary public, by ___________________ this _______ day of
_______________, 2______.
Printed Name of Notary:
_____________________________
Commission Expires:
_____________________________
Notices:
1. This declaration does
not affect the rights of the child's parents or legal guardian regarding
the care, custody, and control of the child, and does not mean that the
caregiver has legal custody of the child.
2. A person who relies on
this affidavit has no obligation to make any further inquiry or
investigation.
Additional Information:
TO CAREGIVERS:
1. "Qualified
relative," for purposes of item 5 of the affidavit, means a person
related to the child by consanguinity or affinity (blood, marriage, or
adoption).
2. If the child no longer
resides with you, or if the child's parent or guardian objects to this
authorization, you are required to notify any school to which you have
given this affidavit. The affidavit is invalid after the school receives
notice.
TO SCHOOL OFFICIALS:
1. Section 25.001,
Education Code, provides that this affidavit constitutes a sufficient basis
for a determination of residency of the child, without the requirement of a
guardianship or other custody order, unless the school district determines
from actual facts that the child is not living with the caregiver.
2. The school district
may require additional reasonable evidence that the caregiver lives at the
address provided in item 4 of the affidavit.
Sec. 35.006. RULES.
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SECTION 1. Subtitle A, Title
2, Family Code, is amended by adding Chapter 35 to read as follows:
CHAPTER 35. RIGHTS OF
CERTAIN RELATIVE CAREGIVERS TO ENROLL CHILD IN SCHOOL
Sec. 35.001. DEFINITION.
Sec. 35.002. AFFIDAVIT OF
CAREGIVER. (a) A caregiver of a child who is a relative of the child may
execute an affidavit indicating that:
(1) the child primarily
resides with the caregiver; and
(2) the caregiver made a reasonably diligent effort but was
unable to locate or contact the child's parent or legal guardian for
authorization.
(b) The affidavit must be
witnessed by two witnesses who are at least 18 years of age or older and at
least one of whom is not related by blood or marriage to the child or the
caregiver.
(c) The completed
affidavit must be notarized.
Sec. 35.003. RIGHTS AND
DUTIES OF CHILD AND CAREGIVER.
Sec. 35.004. EFFECT OF
AFFIDAVIT. (a) A person who relies on an affidavit that complies with
this chapter has no obligation to make any further inquiry or investigation.
(b) The caregiver's
authorization affidavit does not affect the rights of the child's parent or
legal guardian regarding the care, custody, and control of the child and
does not mean that the caregiver has legal custody of the child.
(c) A caregiver's authorization affidavit executed under this
chapter does not confer or affect standing or a right of intervention in
any proceeding under Title 5.
Sec. 35.005. FORM OF
AFFIDAVIT. The caregiver's authorization affidavit must be in
substantially the following form:
Caregiver's Authorization
Affidavit
Use of this affidavit is
authorized by Chapter 35, Family Code.
Instructions: Completion
of and the signing of the affidavit are sufficient to authorize enrollment
of a child in school. Print clearly.
The child named below
lives in my home and I am 18 years of age or older.
1. Name of child:
______________________________.
2. Child's birth date:
__________________________.
3. My name (adult giving
authorization): _____________.
4. My home address:
_________________________
____________________________
____________________________.
5. ( ) I am a
grandparent, aunt, uncle, or other qualified relative of the child (see
portion of this form that provides definition of "qualified
relative").
6. ( ) I have made a reasonably diligent effort but am
unable to locate or contact the
parent(s) or other person(s) having legal custody of the child at this time
to notify them of my intended authorization.
7. My date of birth:
_________________________________.
8. My Texas driver's
license or identification card number, or other form of identification
(specify): ______________________________________________________.
Warning: Do not sign this
form if any of the statements above are incorrect, or you will be
committing a crime punishable by a fine, imprisonment, or both.
I declare under penalty of
perjury under the laws of the State of Texas that the foregoing is true and
correct.
Dated:
_______________________
Signed:
_________________________
Witnesses:
I am 18 years of age or
older and I am not related to the child, the parents of the child, or the
caregiver by blood or marriage.
Signature:
_____________________________
Printed Name:
___________________________
Date:
________________________
I am 18 years of age or
older.
Signature:
_____________________________
Printed Name:
___________________________
Date:
________________________
Notary:
State of
_____________________________
County of
_____________________________
Subscribed and sworn to
before me, a notary public, by ___________________ this _______ day of
_______________, 2______.
Printed Name of Notary:
_____________________________
Commission Expires:
_____________________________
Notices:
1. This declaration does
not affect the rights of the child's parents or legal guardian regarding
the care, custody, and control of the child, and does not mean that the
caregiver has legal custody of the child.
2. A person who relies on
this affidavit has no obligation to make any further inquiry or
investigation.
Additional Information:
TO CAREGIVERS:
1. "Qualified
relative," for purposes of item 5 of the affidavit, means a person
related to the child by consanguinity or affinity (blood, marriage, or
adoption).
2. If the child no longer
resides with you, or if the child's parent or guardian objects to this
authorization, you are required to notify any school to which you have
given this affidavit. The affidavit is invalid after the school receives
notice.
TO SCHOOL OFFICIALS:
1. Section 25.001,
Education Code, provides that this affidavit constitutes a sufficient basis
for a determination of residency of the child, without the requirement of a
guardianship or other custody order, unless the school district determines
from actual facts that the child is not living with the caregiver.
2. The school district
may require additional reasonable evidence that the caregiver lives at the
address provided in item 4 of the affidavit.
Sec. 35.006. RULES.
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SECTION 2. Section
25.001(b), Education Code, is amended to read as follows:
(b) The board of trustees of
a school district or its designee shall admit into the public schools of
the district free of tuition a person who is over five and younger than 21
years of age on the first day of September of the school year in which
admission is sought, and may admit a person who is at least 21 years of age
and under 26 years of age for the purpose of completing the requirements
for a high school diploma, if:
(1) the person and either
parent of the person reside in the school district;
(2) the person does not
reside in the school district but a parent of the person resides in the
school district and that parent is a joint managing conservator or the sole
managing conservator or possessory conservator of the person;
(3) the person and the
person's guardian or other person having lawful control of the person under
a court order reside within the school district;
(4) the person has
established a separate residence under Subsection (d);
(5) the person is homeless,
as defined by 42 U.S.C. Section 11302, regardless of the residence of the
person, of either parent of the person, or of the person's guardian or
other person having lawful control of the person;
(6) the person is a foreign
exchange student placed with a host family that resides in the school
district by a nationally recognized foreign exchange program, unless the
school district has applied for and been granted a waiver by the
commissioner under Subsection (e);
(7) the person resides at a
residential facility located in the district;
(8) the person resides in
the school district and is 18 years of age or older or the person's
disabilities of minority have been removed; [or]
(9) the person does not
reside in the school district but the grandparent of the person:
(A) resides in the school
district; and
(B) provides a substantial
amount of after-school care for the person as determined by the board;
or
(10) the person lives
with a relative who submits to the district a caregiver's authorization
affidavit executed under Chapter 35, Family Code.
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SECTION 2. Section
25.001(b), Education Code, is amended to read as follows:
(b) The board of trustees of
a school district or its designee shall admit into the public schools of
the district free of tuition a person who is over five and younger than 21
years of age on the first day of September of the school year in which
admission is sought, and may admit a person who is at least 21 years of age
and under 26 years of age for the purpose of completing the requirements
for a high school diploma, if:
(1) the person and either
parent of the person reside in the school district;
(2) the person does not
reside in the school district but a parent of the person resides in the
school district and that parent is a joint managing conservator or the sole
managing conservator or possessory conservator of the person;
(3) the person and the
person's guardian or other person having lawful control of the person under
a court order reside within the school district;
(4) the person has established
a separate residence under Subsection (d);
(5) the person is homeless,
as defined by 42 U.S.C. Section 11302, regardless of the residence of the
person, of either parent of the person, or of the person's guardian or
other person having lawful control of the person;
(6) the person is a foreign
exchange student placed with a host family that resides in the school
district by a nationally recognized foreign exchange program, unless the
school district has applied for and been granted a waiver by the commissioner
under Subsection (e);
(7) the person resides at a
residential facility located in the district;
(8) the person resides in
the school district and is 18 years of age or older or the person's
disabilities of minority have been removed; [or]
(9) the person does not
reside in the school district but the grandparent of the person:
(A) resides in the school
district; and
(B) provides a substantial
amount of after-school care for the person as determined by the board;
or
(10) the person lives
with a relative who resides in the school
district and submits to the district an
authorization agreement executed under Chapter 34, Family Code, or a
caregiver's authorization affidavit executed under Chapter 35, Family Code.
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