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A BILL TO BE ENTITLED
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AN ACT
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relating to regulating the custody transfer of an adopted child; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 162, Family Code, is |
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amended by adding Section 162.026 to read as follows: |
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Sec. 162.026. REGULATED CUSTODY TRANSFER OF ADOPTED CHILD. |
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A parent, managing conservator, or guardian of an adopted child may |
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not transfer permanent physical custody of the child to any person |
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who is not a relative or stepparent of the child or an adult who has |
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a significant and long-standing relationship with the child unless |
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the parent, managing conservator, or guardian: |
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(1) files a petition with a court of competent |
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jurisdiction requesting the transfer of custody; and |
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(2) the court approves the petition. |
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SECTION 2. Subchapter G, Chapter 162, Family Code, is |
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amended by adding Section 162.603 to read as follows: |
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Sec. 162.603. POST-ADOPTION SUPPORT INFORMATION PROVIDED |
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BY LICENSED CHILD-PLACING AGENCIES. A licensed child-placing |
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agency shall provide prospective adoptive parents with information |
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regarding: |
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(1) the community services and other resources |
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available to support a parent who adopts a child; and |
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(2) the options available to the adoptive parent if |
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the parent is unable to care for the adopted child. |
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SECTION 3. Chapter 25, Penal Code, is amended by adding |
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Section 25.081 to read as follows: |
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Sec. 25.081. UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD. |
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(a) In this section: |
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(1) "Adopted child" means a person younger than 18 |
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years of age adopted through a governmental entity or a private |
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child placement agency, including a person who is in foster care or |
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from a foreign country at the time of the adoption. |
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(2) "Unregulated custody transfer" means the transfer |
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of the permanent physical custody of an adopted child by the parent, |
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managing conservator, or guardian of the child without receiving |
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approval of the transfer by a court as required by Section 162.026, |
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Family Code. |
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(b) Except as otherwise provided by this section, a person |
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commits an offense if the person knowingly: |
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(1) conducts an unregulated custody transfer of an |
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adopted child; or |
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(2) facilitates or participates in the unregulated |
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custody transfer of an adopted child, including by transferring, |
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recruiting, harboring, transporting, providing, soliciting, or |
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obtaining an adopted child for that purpose. |
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(c) An offense under this section is a felony of the third |
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degree, except that the offense is a felony of the second degree if |
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the actor commits the offense with intent to commit an offense under |
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Section 20A.02, 43.02, 43.05, 43.25, 43.251, or 43.26. |
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(d) This section does not apply to: |
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(1) the placement of an adopted child with a licensed |
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child-placing agency, the Department of Family and Protective |
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Services, or an adult relative, stepparent, or other adult with a |
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significant and long-standing relationship to the child; |
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(2) the placement of an adopted child by a licensed |
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child-placing agency or the Department of Family and Protective |
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Services; |
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(3) the temporary placement of an adopted child by the |
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child's parent, managing conservator, or guardian for a designated |
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short-term period with a specified intent and period for return of |
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the child due to temporary circumstances, including: |
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(A) a vacation; |
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(B) a school-sponsored function or activity; or |
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(C) the incarceration, military service, medical |
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treatment, or incapacity of the parent, managing conservator, or |
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guardian; |
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(4) the placement of an adopted child in another state |
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in accordance with the requirements of Subchapter B, Chapter 162, |
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Family Code; or |
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(5) the voluntary delivery of an adopted child under |
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Subchapter D, Chapter 262, Family Code. |
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SECTION 4. Section 25.09(a), Penal Code, is amended to read |
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as follows: |
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(a) A person commits an offense if the person advertises in |
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the public media that the person will place, [a child for adoption
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or will] provide, or obtain a child for adoption or any other form |
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of permanent physical custody of the child. |
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SECTION 5. The change in law made by this Act to Section |
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25.09, Penal Code, applies only to an offense committed on or after |
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the effective date of this Act. An offense committed before the |
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effective date of this Act is governed by the law in effect on the |
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date the offense was committed, and the former law is continued in |
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effect for that purpose. For purposes of this section, an offense |
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was committed before the effective date of this Act if any element |
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of the offense was committed before that date. |
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SECTION 6. This Act takes effect September 1, 2017. |