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A BILL TO BE ENTITLED
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AN ACT
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relating to the voluntary relinquishment of parental rights, |
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adoption, and the regulation of child-placing agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.103, Family Code, is amended by |
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amending Subsections (a) and (e) and adding Subsection (b-1) to |
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read as follows: |
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(a) An affidavit for voluntary relinquishment of parental |
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rights must be: |
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(1) on the form adopted by the Department of Family and |
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Protective Services under Subsection (b-1); |
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(2) signed by the parent, whether or not a minor, whose |
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parental rights are to be relinquished on or after the seventh day |
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after the date of the birth of the child[, but not before 48 hours |
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after the birth of the child, by the parent, whether or not a minor, |
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whose parental rights are to be relinquished]; |
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(3) [(2)] witnessed by two credible persons; and |
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(4) [(3)] verified before a person authorized to take |
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oaths. |
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(b-1) The Department of Family and Protective Services |
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shall adopt and make available on the department's publicly |
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accessible Internet website a form to be used for an affidavit for |
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voluntary relinquishment of parental rights. The form must include |
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an explanation of: |
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(1) the circumstances under which an affidavit for |
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voluntary relinquishment of parental rights may be revoked and |
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procedures for revocation; and |
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(2) the parent's right to: |
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(A) seek child support if the parent chooses to |
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not relinquish the parent's rights; |
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(B) consider alternatives to adoption, including |
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kinship care or temporary assistance; |
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(C) apply for and potentially receive government |
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benefits; |
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(D) consult with an attorney before signing the |
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affidavit; |
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(E) seek counseling regarding adoption and |
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relinquishment of parental rights; |
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(F) receive information regarding post-adoption |
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contact agreements; |
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(G) request non-identifying information |
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regarding prospective adoptive parents, including general |
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demographic information and information regarding lifestyle and |
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values; |
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(H) receive a copy of each signed document |
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related to the relinquishment of parental rights, including the |
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affidavit and any adoption agreement; |
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(I) receive any medical record or genetic |
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screening information related to the child before relinquishment; |
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and |
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(J) register with a mutual consent voluntary |
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adoption registry established under Subchapter E, Chapter 162, |
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including the central registry established and maintained by the |
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vital statistics unit. |
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(e) The relinquishment in an affidavit that designates the |
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Department of Family and Protective Services or a licensed |
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child-placing agency to serve as the managing conservator is |
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irrevocable. A relinquishment in any other affidavit of |
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relinquishment is revocable [unless it expressly provides that it |
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is irrevocable] for [a stated period of time not to exceed] 60 days |
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after the date of its execution. |
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SECTION 2. Subchapter A, Chapter 162, Family Code, is |
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amended by adding Section 162.0063 to read as follows: |
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Sec. 162.0063. NOTICE OF RIGHTS FOR PROSPECTIVE ADOPTIVE |
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PARENTS. (a) In this section, "department" means the Department of |
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Family and Protective Services. |
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(b) The department shall adopt and make available on its |
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publicly accessible Internet website a form to notify a prospective |
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adoptive parent of the parent's rights related to adoption. The |
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form must include an explanation of an adoptive parent's right to: |
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(1) know the location and conditions of the child's |
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birth, including any drugs administered to the child or the child's |
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mother during birth; |
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(2) examine the records and other information relating |
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to the history of the child under Section 162.0062, including |
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prenatal records and genetic screening records; |
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(3) be informed of any legal risks related to the |
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prospective adoption, including pending paternity claims or other |
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contests; |
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(4) receive copies of all legal documents related to |
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the adoption; |
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(5) request non-identifying information regarding the |
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biological parents and any biological siblings of the child, |
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including general demographic information; |
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(6) seek access to post-adoption resources, including |
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counseling, legal assistance, and support groups; and |
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(7) receive an itemized list of each cost associated |
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with an adoption. |
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(c) The department, a licensed child-placing agency, or |
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other person placing a child for adoption shall provide the notice |
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adopted under this section to a prospective adoptive parent. |
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SECTION 3. Section 42.042(h-1), Human Resources Code, is |
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amended to read as follows: |
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(h-1) The executive commissioner shall adopt rules |
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governing: |
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(1) the placement and care of children by a |
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child-placing agency, as necessary to ensure the health and safety |
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of those children; |
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(2) the verification and monitoring of agency foster |
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homes and adoptive homes by a child-placing agency; [and] |
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(3) minimum training standards for an employee, |
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director, or operator of a child-placing agency; |
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(4) annual compliance reporting by child-placing |
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agencies; |
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(5) random audits of child-placing agencies to ensure |
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compliance with training standards and licensing requirements; |
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(6) procedures for the filing of a complaint against a |
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child-placing agency; and |
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(7) if appropriate, child-placing agency staffing |
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levels, office locations, and administration. |
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SECTION 4. The heading to Section 42.0421, Human Resources |
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Code, is amended to read as follows: |
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Sec. 42.0421. MINIMUM TRAINING STANDARDS: REGULATED CHILD |
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CARE FACILITY. |
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SECTION 5. Subchapter C, Chapter 42, Human Resources Code, |
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is amended by adding Section 42.04211 to read as follows: |
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Sec. 42.04211. MINIMUM TRAINING STANDARDS: CHILD-PLACING |
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AGENCY. The minimum training standards prescribed by the executive |
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commissioner under Section 42.042(h-1) must require an employee, |
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director, or operator of a child-placing agency to receive training |
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regarding parental rights of adoptive parents and procedures for |
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the relinquishment of parental rights. |
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SECTION 6. (a) As soon as practicable after the effective |
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date of this Act but not later than March 1, 2026, the Department of |
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Family and Protective Services shall adopt the forms required by |
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Sections 161.103(b-1) and 162.0063(b), Family Code, as added by |
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this Act. |
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(b) Section 161.103, Family Code, as amended by this Act, |
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applies only to the relinquishment of parental rights to a child |
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born on or after March 1, 2026. |
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(c) Section 162.0063(c), Family Code, as added by this Act, |
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applies beginning with adoption placement services provided on or |
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after March 1, 2026. |
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SECTION 7. As soon as practicable after the effective date |
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of this Act but not later than January 1, 2026, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules as required by Section 42.042(h-1), Human Resources |
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Code, as amended by this Act. |
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SECTION 8. This Act takes effect September 1, 2025. |