84R10627 YDB-F

By: King of Taylor H.B. No. 2837

A BILL TO BE ENTITLED

AN ACT

relating to authorization agreements between a parent and a relative or other person for the care and custody of the parent's child.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 34.001, Family Code, is amended to read as follows:

Sec. 34.001. APPLICABILITY. This chapter applies only to:

(1) an authorization agreement between a parent of a child and a person who is the child's:

(A) grandparent;

(B) adult sibling; or

(C) adult aunt or uncle; [and]

(2) an authorization agreement between a parent of a child and the person with whom the child is placed under a parental child safety placement agreement; and

(3) an authorization agreement between a parent of a child and a person who is unrelated to the child with whom the child is placed through a qualified nonprofit organization that assists the parent with executing the authorization agreement.

SECTION 2. Section 34.0015, Family Code, is amended to read as follows:

Sec. 34.0015. DEFINITIONS [DEFINITION]. In this chapter:

(1) "Department" means the Department of Family and Protective Services.

(2) "Parent" [, "parent"] has the meaning assigned by Section 101.024.

(3) "Qualified nonprofit organization" means a charitable or religious institution that is exempt from federal income taxation under Section 501(a), Internal Revenue Code of 1986, as an organization described by Section 501(c)(3) of that code, that assists a parent or legal guardian of a child with the process of entering into an authorization agreement under this chapter, including identifying an appropriate placement for each child subject to the agreement and providing services and resources to support the child, parents, and other persons authorized to provide temporary care of the child under the agreement.

SECTION 3. Sections 34.002(a) and (c), Family Code, are amended to read as follows:

(a) A parent or both parents of a child may enter into an authorization agreement with a relative of the child or other person listed in Section 34.001 to authorize the relative or other person to perform the following acts in regard to the child:

(1) to authorize medical, dental, psychological, or surgical treatment and immunization of the child, including executing any consents or authorizations for the release of information as required by law relating to the treatment or immunization;

(2) to obtain and maintain health insurance coverage for the child and automobile insurance coverage for the child, if appropriate;

(3) to enroll the child in a day-care program or preschool or in a public or private primary or secondary school;

(4) to authorize the child to participate in age-appropriate extracurricular, civic, social, or recreational activities, including athletic activities;

(5) to authorize the child to obtain a learner's permit, driver's license, or state-issued identification card;

(6) to authorize employment of the child; and

(7) to apply for and receive public benefits on behalf of the child.

(c) An authorization agreement under this chapter does not confer on a relative of the child or other person listed in Section 34.001 or a relative or other person with whom the child is placed under a child safety placement agreement the right to consent to the marriage or adoption of the child, consent to the termination of parental rights to the child, or authorize the performance of an abortion on the child or the administration of emergency contraception to the child.

SECTION 4. Chapter 34, Family Code, is amended by adding Sections 34.0022, 34.0023, and 34.0024 to read as follows:

Sec. 34.0022. AUTHORIZATION AGREEMENT BETWEEN PARENT AND NONRELATIVE. (a) A parent may enter into an authorization agreement with a person who is not a relative of the parent's child only if the authorization agreement is entered into with the assistance of a qualified nonprofit organization in accordance with this chapter. This subsection does not apply to a parent whose child is the subject of an ongoing investigation by the department of child abuse or neglect or to whom the department is providing services.

(b) A child placed through an authorization agreement under this section is not in foster care and is not considered in the conservatorship of the department.

(c) A person with whom a child is placed under an authorization agreement entered into under this chapter is not a foster home and is not subject to state foster care regulations.

Sec. 34.0023. PARENTAL RIGHTS NOT ADVERSELY AFFECTED. A parent's execution of an authorization agreement under this chapter does not constitute abandonment or child abuse or neglect and may not independently adversely affect the parent's rights with respect to the parent's child.

Sec. 34.0024. SERVICES OF QUALIFIED NONPROFIT ORGANIZATION. (a) For each request received by a qualified nonprofit 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 under this chapter, the qualified nonprofit organization shall:

(1) complete a criminal history background check and child abuse and neglect background check on each adult in the person's household;

(2) ensure that each person providing care for a child under an authorization agreement authorized by this chapter is trained in the rights, duties, and limitations regarding providing care for a child under an authorization agreement as provided in this chapter; and

(3) notify the department of the request and verify that the department 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.

(b) If the department has an open investigation of abuse and neglect related to the child or is providing services to the parent, the department must approve the authorization agreement.

(c) If the department does not have an open investigation involving the child or parent or is not otherwise providing services to the parent, the department may not open an investigation based solely on receiving the notification required by Subsection (a)(3).

SECTION 5. Section 34.003, Family Code, is amended to read as follows:

Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The authorization agreement must contain:

(1) the following information from the relative of the child or other person to whom the parent is giving authorization:

(A) the name and signature of the relative or other person;

(B) the relative's or other person's relationship to the child; and

(C) the relative's or other person's current physical address and telephone number or the best way to contact the relative or other person;

(2) the following information from the parent:

(A) the name and signature of the parent; and

(B) the parent's current address and telephone number or the best way to contact the parent;

(3) the information in Subdivision (2) with respect to the other parent, if applicable;

(4) a statement that the relative or other person has been given authorization to perform the functions listed in Section 34.002(a) as a result of a voluntary action of the parent and that the relative or other person has voluntarily assumed the responsibility of performing those functions;

(5) statements that neither the parent nor the relative or other person has knowledge that a parent, guardian, custodian, licensed child-placing agency, or other authorized agency asserts any claim or authority inconsistent with the authorization agreement under this chapter with regard to actual physical possession or care, custody, or control of the child;

(6) statements that:

(A) to the best of the parent's and relative's or other person's knowledge:

(i) there is no court order or pending suit affecting the parent-child relationship concerning the child;

(ii) there is no pending litigation in any court concerning:

(a) custody, possession, or placement of the child; or

(b) access to or visitation with the child; and

(iii) the court does not have continuing jurisdiction concerning the child; or

(B) the court with continuing jurisdiction concerning the child has given written approval for the execution of the authorization agreement accompanied by the following information:

(i) the county in which the court is located;

(ii) the number of the court; and

(iii) the cause number in which the order was issued or the litigation is pending;

(7) a statement that to the best of the parent's and relative's or other person's knowledge there is no current, valid authorization agreement regarding the child;

(8) a statement that the authorization is made in conformance with this chapter;

(9) a statement that the parent and the relative or other person understand that each party to the authorization agreement is required by law to immediately provide to each other party information regarding any change in the party's address or contact information;

(10) a statement by the parent that establishes the circumstances under which the authorization agreement expires, including that the authorization agreement:

(A) is valid until revoked;

(B) continues in effect after the death or during any incapacity of the parent; or

(C) expires on a date stated in the authorization agreement; [and]

(11) if the authorization agreement is executed with the assistance of a qualified nonprofit organization, the following information:

(A) the organization's name, tax identification number, and current physical address and telephone number; and

(B) the name and signature of the individual authorized to act on behalf of the organization; and

(12) space for the signature and seal of a notary public.

(b) The authorization agreement must contain the following warnings and disclosures:

(1) that the authorization agreement is an important legal document;

(2) that the parent and the relative or other person must read all of the warnings and disclosures before signing the authorization agreement;

(3) that the persons signing the authorization agreement are not required to consult an attorney but are advised to do so;

(4) [that the parent's rights as a parent may be adversely affected by placing or leaving the parent's child with another person;

[(5)] that the authorization agreement does not confer on the relative or other person the rights of a managing or possessory conservator or legal guardian;

(5) [(6)] that a parent who is a party to the authorization agreement may terminate the authorization agreement and resume custody, possession, care, and control of the child on demand and that at any time the parent may request the return of the child;

(6) [(7)] that failure by the relative or other person to return the child to the parent immediately on request may have criminal and civil consequences;

(7) [(8)] that, under other applicable law, the relative or other person may be liable for certain expenses relating to the child in the relative's or other person's care but that the parent still retains the parental obligation to support the child;

(8) [(9)] that, in certain circumstances, the authorization agreement may not be entered into without written permission of the court;

(9) [(10)] that the authorization agreement may be terminated by certain court orders affecting the child;

(10) [(11)] that the authorization agreement does not supersede, invalidate, or terminate any prior authorization agreement regarding the child;

(11) [(12)] that the authorization agreement is void if a prior authorization agreement regarding the child is in effect and has not expired or been terminated;

(12) [(13)] that, except as provided by Section 34.005(a-1), the authorization agreement is void unless:

(A) the parties mail a copy of the authorization agreement by certified mail, return receipt requested, or international registered mail, return receipt requested, as applicable, to a parent who was not a party to the authorization agreement, if the parent is living and the parent's parental rights have not been terminated, not later than the 10th day after the date the authorization agreement is signed; and

(B) if the parties do not receive a response from the parent who is not a party to the authorization agreement before the 20th day after the date the copy of the authorization agreement is mailed under Paragraph (A), the parties mail a second copy of the authorization agreement by first class mail or international first class mail, as applicable, to the parent not later than the 45th day after the date the authorization agreement is signed; and

(13) [(14)] that the authorization agreement does not confer on a relative of the child or other person the right to consent to the marriage or adoption of the child, consent to termination of the parental rights of the child, or authorize the performance of an abortion on the child or the administration of emergency contraception to the child.

SECTION 6. Section 34.004(a), Family Code, is amended to read as follows:

(a) The authorization agreement must be signed and sworn to before a notary public by:

(1) the parent;

(2) [and] the relative or other person who is granted authority to care for the child under the authorization agreement; and

(3) if the authorization agreement is executed with the assistance of a qualified nonprofit organization, a representative of the organization.

SECTION 7. Section 34.007(b), Family Code, is amended to read as follows:

(b) The authorization agreement 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 relative or other person has legal custody of the child.

SECTION 8. Section 34.008(c), Family Code, is amended to read as follows:

(c) An authorization agreement under this chapter terminates on written revocation by a party to the authorization agreement if the party:

(1) gives each party written notice of the revocation;

(2) files the written revocation with the clerk of the county in which:

(A) the child resides;

(B) the child resided at the time the authorization agreement was executed; or

(C) the relative or other person resides; and

(3) files the written revocation with the clerk of each court:

(A) that has continuing, exclusive jurisdiction over the child;

(B) in which there is a court order or pending suit affecting the parent-child relationship concerning the child;

(C) in which there is pending litigation concerning:

(i) custody, possession, or placement of the child; or

(ii) access to or visitation with the child; or

(D) that has entered an order regarding the appointment of a guardian for the child under Subchapter B, Chapter 1104, Estates [Section 676, Texas Probate] Code.

SECTION 9. This Act takes effect September 1, 2015.