BILL ANALYSIS |
C.S.H.B. 2837 |
By: King, Susan |
Juvenile Justice & Family Issues |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Previously enacted legislation permitted a parent or both parents of a child to enter into an agreement with a relative to authorize the relative to make parental decisions regarding the child. Interested parties believe that these authorization agreements should be extended to nonrelatives as well to provide additional temporary placement options for parents in need and to provide a viable alternative to foster care. C.S.H.B. 2837 seeks to allow a parent to enter into an authorization agreement with a nonrelative for the temporary placement of a child under certain conditions.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
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RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly granted to the executive commissioner of the Health and Human Services Commission in SECTION 4 and to the Department of Public Safety in SECTION 10 of this bill.
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ANALYSIS
C.S.H.B. 2837 amends the Family Code, including provisions amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, to authorize a parent, other than a parent whose child is the subject of an ongoing investigation of child abuse or neglect by the Department of Family and Protective Services (DFPS) or to whom DFPS is providing services, to enter into an authorization agreement with a person who is not a relative of the parent's child if the agreement is entered into with the assistance of a qualified nonprofit organization. The bill defines "qualified nonprofit organization" as a charitable or religious institution that is exempt from federal income tax under the federal Internal Revenue Code of 1986 that assists a parent or legal guardian of a child with the process of entering into an authorization agreement and makes statutory provisions governing an authorization agreement for a nonparent relative applicable to an agreement entered into with such assistance. The bill establishes that an authorization agreement executed under the bill's provisions expires on the first anniversary of the date the agreement is executed, unless an earlier date is specified in the agreement, and authorizes the parties to the agreement to execute a subsequent authorization agreement if necessary. The bill authorizes a parent or other legal guardian of a child to revoke or withdraw an authorization agreement at any time. The bill establishes that a parent's execution of an authorization agreement does not, without other evidence, constitute abandonment or child abuse or neglect.
C.S.H.B. 2837 requires a qualified nonprofit organization, for each request received by the organization to assist a parent and a person who is not related to the parent's child with entering into an authorization agreement and placement of a child, to do the following: · for each person to whom powers are delegated under the agreement and for each person 14 years of age or older who resides in the home, ensure that a criminal history background check is conducted through the Department of Public Safety (DPS) as authorized under the bill's provisions, ensure that a fingerprint-based criminal history check is conducted through DPS and the FBI, and ensure that an abuse or neglect registry check is conducted by DFPS for the in-state registry and by the organization for any applicable out-of-state registry; · ensure that each person providing care for a child under an authorization agreement is trained in the rights, duties, and limitations regarding providing care for a child under an authorization agreement; and · notify DFPS of the request and verify that DFPS does not have an open investigation of child abuse or neglect involving the child or parent or is not otherwise providing services to the parent.
C.S.H.B. 2837 requires DFPS, if it has an open investigation of abuse and neglect related to the child or is providing services to the parent, to approve the authorization agreement before the agreement may take effect. The bill prohibits DFPS from opening an investigation based solely on receiving the required notification from a qualified nonprofit organization regarding a parent's request to enter into an authorization agreement with a nonrelative if DFPS does not have an open investigation involving the child or parent or is not otherwise providing services to the parent. The bill establishes that DFPS approval of the agreement is not required under such circumstances and that such prohibition does not prohibit DFPS from opening an investigation under statutory provisions relating to investigations of reports of child abuse or neglect. The bill requires the executive commissioner of the Health and Human Services Commission to establish by rule a fee for DFPS to charge for each abuse or neglect registry check conducted by DFPS for a qualified nonprofit organization under the bill's provisions and requires the fee to be in an amount sufficient for DFPS to recover the costs it incurs in conducting the registry check.
C.S.H.B. 2837 includes qualified nonprofit organizations among the local child service agencies with which DFPS is required by executive commissioner rule to cooperate for purposes of DFPS's central registry of reported cases of child abuse or neglect.
C.S.H.B. 2837 requires an authorization agreement executed with the assistance of a qualified nonprofit organization to be signed and sworn to before a notary public by a representative of the organization; to contain the organization's name, tax identification number, and current physical address and telephone number; and to contain the name and signature of the individual authorized to act on behalf of the organization. The bill clarifies that an authorization agreement between a parent and a person who is not a relative of the parent's child must be signed and sworn to before a notary public by the person who is granted the authority to care for the child.
C.S.H.B. 2837 specifies that an authorization agreement for a nonparent relative or other person does not confer the right to consent to the marriage or adoption of the child or the right to consent to the termination of parental rights to the child.
C.S.H.B. 2837 amends the Government Code to entitle a qualified nonprofit organization to obtain from DPS criminal history record information maintained by DPS that relates to a person who is an employee, employment applicant, volunteer, or volunteer applicant of the organization. The bill limits the use of such criminal history record information obtained by a qualified nonprofit organization to the determination of the suitability of a person for a position as an employee of or volunteer with the organization and prohibits the release or disclosure of such information to any person except in a criminal proceeding, on court order, or with the consent of the person who is the subject of the information. The bill authorizes DPS to adopt rules governing the administration of the bill's Government Code provisions.
C.S.H.B. 2837 amends the Human Resources Code to exempt from certain child-care facility or child-placing agency licensing requirements a living arrangement in a caretaker's home involving one or more children or a sibling group, excluding children who are related to the caretaker, in which the caretaker is a volunteer host family for a qualified nonprofit organization, has a written authorization agreement with the parent of the child or sibling group to care for each child or sibling group, does not care for more than six children, and does not receive compensation for the care of a child or sibling group.
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EFFECTIVE DATE
September 1, 2015.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 2837 may differ from the original in minor or nonsubstantive ways, the following comparison is organized and formatted in a manner that indicates the substantial differences between the introduced and committee substitute versions of the bill and does not indicate differences relating to changes made by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, which became effective April 2, 2015.
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