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BILL ANALYSIS

 

 

 

H.B. 2969

By: Cook

Juvenile Justice & Family Issues

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

A constituent in House District 96 has reported that he was mistreated while trying to adopt. He asserts that he was subject to unlawful age discrimination and wants clarity on certain procedures under current law regarding the adoption process. H.B. 2969 seeks to address this issue by prohibiting the Department of Family and Protective Services, a single source continuum contractor, or a licensed child-placing agency from setting a maximum age for prospective adoptive parents or a maximum age differential between a child and any prospective adoptive parent.

 

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.

 

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.

 

ANALYSIS

 

H.B. 2969 amends the Family Code to prohibit the Department of Family and Protective Services, a single source continuum contractor, or a licensed child-placing agency that places a child for adoption from implementing or enforcing a policy that sets a maximum age for any prospective adoptive parent or sets a maximum age differential between a child and any prospective adoptive parent. However, such an entity may consider the health and expected lifespan of each prospective adoptive parent when determining the best interest of a child.

 

EFFECTIVE DATE

 

September 1, 2023.