BILL ANALYSIS |
C.S.H.B. 834 |
By: Parker |
Juvenile Justice & Family Issues |
Committee Report (Substituted) |
BACKGROUND AND PURPOSE
Interested parties have observed that abuse of an adopted child can be prevented when decisions regarding the transfer of permanent physical custody of the child are taken into careful consideration by appropriate officials or the court system. C.S.H.B. 834 seeks to regulate the transfer of the permanent physical custody of an adopted child and to create a criminal offense for unregulated transfers of the permanent physical custody of an adopted child.
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CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill expressly does one or more of the following: creates a criminal offense, increases the punishment for an existing criminal offense or category of offenses, or changes 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 this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
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ANALYSIS
C.S.H.B. 834 amends the Family Code to prohibit a parent, managing conservator, or guardian of an adopted child from transferring permanent physical custody of the child to any person who is not a relative or stepparent of the child or an adult who has a significant and long-standing relationship with the child unless the parent, managing conservator, or guardian files a petition with a court of competent jurisdiction requesting the transfer of custody and the court approves the petition. The bill requires a licensed child-placing agency to provide prospective adoptive parents with information regarding the community services and other resources available to support a parent who adopts a child and the options available to the adoptive parent if the parent is unable to care for the adopted child.
C.S.H.B. 834 amends the Penal Code to create the third degree felony offense of unregulated transfer of an adopted child for a person who knowingly conducts an unregulated custody transfer of an adopted child or facilitates or participates in the unregulated custody transfer of an adopted child, including by transferring, recruiting, harboring, transporting, providing, soliciting, or obtaining an adopted child for that purpose. The bill defines "unregulated custody transfer" as the transfer of the permanent physical custody of an adopted child by the parent, managing conservator, or guardian of the child without receiving the required court approval of the transfer. The bill enhances the penalty to a second degree felony if the actor commits the offense with intent to commit one of the following offenses: trafficking of persons, prostitution, compelling prostitution, sexual performance by a child, employment harmful to children, or possession or promotion of child pornography. The bill excludes the following placements and voluntary deliveries from the application of the offense: the placement of an adopted child with a licensed child-placing agency, the Department of Family and Protective Services (DFPS), or an adult relative, stepparent, or other adult with a significant and long-standing relationship to the child; the placement of an adopted child by a licensed child-placing agency or DFPS; the temporary placement of an adopted child by the child's parent, managing conservator, or guardian for a designated short-term period with a specified intent and period for return of the child due to temporary circumstances; the placement of an adopted child in another state in accordance with the requirements of the Interstate Compact on the Placement of Children; and the voluntary delivery of an adopted child to a designated emergency infant care provider as provided by law.
C.S.H.B. 834 expands the conduct that constitutes unlawful advertisement for the placement of a child to include advertising in the public media that the actor will place, provide, or obtain a child for any form of permanent physical custody of the child.
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EFFECTIVE DATE
September 1, 2017.
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COMPARISON OF ORIGINAL AND SUBSTITUTE
While C.S.H.B. 834 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.
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