|
|
|
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 and an exemption from a licensing requirement; authorizing a |
|
fee. |
|
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. Except as provided by Section 34.0024(b), this |
|
subsection does not apply to a parent whose child is the subject of |
|
an ongoing department investigation of child abuse or neglect or to |
|
whom the department is providing services. |
|
(b) An authorization agreement executed under this section |
|
expires on the first anniversary of the date the agreement is |
|
executed unless an earlier date is specified in the agreement. The |
|
parties to the agreement may execute a subsequent authorization |
|
agreement if necessary. |
|
(c) A parent or other legal guardian of a child may revoke or |
|
withdraw an authorization agreement at any time. |
|
Sec. 34.0023. EFFECT ON PARENTAL RIGHTS. A parent's |
|
execution of an authorization agreement under this chapter does |
|
not, without other evidence, constitute abandonment or child abuse |
|
or neglect. |
|
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) for each person to whom powers are delegated under |
|
the agreement and for each person age 14 or older who resides in the |
|
home, ensure that: |
|
(A) a criminal history background check is |
|
conducted through the Department of Public Safety as authorized |
|
under Section 411.1411, Government Code; |
|
(B) a fingerprint-based criminal history check |
|
is conducted through the Department of Public Safety and the |
|
Federal Bureau of Investigation; and |
|
(C) an abuse or neglect registry check is |
|
conducted by the department for the in-state registry and by the |
|
organization for any applicable out-of-state registry; |
|
(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 before the |
|
agreement may take effect. |
|
(c) If the department does not have an open investigation |
|
involving the child or parent or is not otherwise providing |
|
services to the parent, department approval of the agreement is not |
|
required and the department may not open an investigation based |
|
solely on receiving the notification required by Subsection (a)(3). |
|
This subsection does not prohibit the department from opening an |
|
investigation under Chapter 261. |
|
(d) The executive commissioner of the Health and Human |
|
Services Commission by rule shall establish a fee for the |
|
department to charge for each abuse or neglect registry check |
|
conducted by the department for a qualified nonprofit organization |
|
under this section. The fee must be in an amount sufficient for the |
|
department to recover the costs to the department of conducting the |
|
registry check under this section. |
|
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; |
|
(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; |
|
(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; |
|
(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; |
|
(9) that, in certain circumstances, the authorization |
|
agreement may not be entered into without written permission of the |
|
court; |
|
(10) that the authorization agreement may be |
|
terminated by certain court orders affecting the child; |
|
(11) that the authorization agreement does not |
|
supersede, invalidate, or terminate any prior authorization |
|
agreement regarding the child; |
|
(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; |
|
(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 |
|
(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. Section 261.002(b), Family Code, as amended by |
|
S.B. 219, Acts of the 84th Legislature, Regular Session, 2015, is |
|
amended to read as follows: |
|
(b) The executive commissioner may adopt rules necessary to |
|
carry out this section. The rules shall provide for cooperation |
|
with local child service agencies, including hospitals, clinics, |
|
[and] schools, and qualified nonprofit organizations as defined by |
|
Section 34.0015, and cooperation with other states in exchanging |
|
reports to effect a national registration system. |
|
SECTION 10. Subchapter F, Chapter 411, Government Code, is |
|
amended by adding Section 411.1411 to read as follows: |
|
Sec. 411.1411. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: QUALIFIED NONPROFIT ORGANIZATIONS PROVIDING |
|
ASSISTANCE WITH AUTHORIZATION AGREEMENTS. (a) In this section, |
|
"qualified nonprofit organization" has the meaning assigned by |
|
Section 34.0015, Family Code. |
|
(b) A qualified nonprofit organization is entitled to |
|
obtain from the department criminal history record information |
|
maintained by the department that relates to a person who is an |
|
employee, employment applicant, volunteer, or volunteer applicant |
|
of the organization. |
|
(c) The department may adopt rules governing the |
|
administration of this section. |
|
(d) A qualified nonprofit organization may use the criminal |
|
history record information obtained under this section only to |
|
determine the suitability of a person for a position as an employee |
|
of or volunteer with the organization. |
|
(e) Criminal history record information obtained under this |
|
section may not be released or disclosed to any person except in a |
|
criminal proceeding, on court order, or with the consent of the |
|
person who is the subject of the criminal history record |
|
information. |
|
SECTION 11. Section 42.041(b), Human Resources Code, is |
|
amended to read as follows: |
|
(b) This section does not apply to: |
|
(1) a state-operated facility; |
|
(2) an agency foster home or agency foster group home; |
|
(3) a facility that is operated in connection with a |
|
shopping center, business, religious organization, or |
|
establishment where children are cared for during short periods |
|
while parents or persons responsible for the children are attending |
|
religious services, shopping, or engaging in other activities, |
|
including retreats or classes for religious instruction, on or near |
|
the premises, that does not advertise as a child-care facility or |
|
day-care center, and that informs parents that it is not licensed by |
|
the state; |
|
(4) a school or class for religious instruction that |
|
does not last longer than two weeks and is conducted by a religious |
|
organization during the summer months; |
|
(5) a youth camp licensed by the Department of State |
|
Health Services; |
|
(6) a facility licensed, operated, certified, or |
|
registered by another state agency; |
|
(7) an educational facility that is accredited by the |
|
Texas Education Agency, the Southern Association of Colleges and |
|
Schools, or an accreditation body that is a member of the Texas |
|
Private School Accreditation Commission and that operates |
|
primarily for educational purposes for prekindergarten and above, a |
|
before-school or after-school program operated directly by an |
|
accredited educational facility, or a before-school or |
|
after-school program operated by another entity under contract with |
|
the educational facility, if the Texas Education Agency, the |
|
Southern Association of Colleges and Schools, or the other |
|
accreditation body, as applicable, has approved the curriculum |
|
content of the before-school or after-school program operated under |
|
the contract; |
|
(8) an educational facility that operates solely for |
|
educational purposes for prekindergarten through at least grade |
|
two, that does not provide custodial care for more than one hour |
|
during the hours before or after the customary school day, and that |
|
is a member of an organization that promulgates, publishes, and |
|
requires compliance with health, safety, fire, and sanitation |
|
standards equal to standards required by state, municipal, and |
|
county codes; |
|
(9) a kindergarten or preschool educational program |
|
that is operated as part of a public school or a private school |
|
accredited by the Texas Education Agency, that offers educational |
|
programs through grade six, and that does not provide custodial |
|
care during the hours before or after the customary school day; |
|
(10) a family home, whether registered or listed; |
|
(11) an educational facility that is integral to and |
|
inseparable from its sponsoring religious organization or an |
|
educational facility both of which do not provide custodial care |
|
for more than two hours maximum per day, and that offers an |
|
educational program in one or more of the following: |
|
prekindergarten through at least grade three, elementary grades, or |
|
secondary grades; |
|
(12) an emergency shelter facility, other than a |
|
facility that would otherwise require a license as a child-care |
|
facility under this section, that provides shelter or care to a |
|
minor and the minor's child or children, if any, under Section |
|
32.201, Family Code, if the facility: |
|
(A) is currently under a contract with a state or |
|
federal agency; or |
|
(B) meets the requirements listed under Section |
|
51.005(b)(3); |
|
(13) a juvenile detention facility certified under |
|
Section 51.12, Family Code, a juvenile correctional facility |
|
certified under Section 51.125, Family Code, a juvenile facility |
|
providing services solely for the Texas Juvenile Justice |
|
Department, or any other correctional facility for children |
|
operated or regulated by another state agency or by a political |
|
subdivision of the state; |
|
(14) an elementary-age (ages 5-13) recreation program |
|
operated by a municipality provided the governing body of the |
|
municipality annually adopts standards of care by ordinance after a |
|
public hearing for such programs, that such standards are provided |
|
to the parents of each program participant, and that the ordinances |
|
shall include, at a minimum, staffing ratios, minimum staff |
|
qualifications, minimum facility, health, and safety standards, |
|
and mechanisms for monitoring and enforcing the adopted local |
|
standards; and further provided that parents be informed that the |
|
program is not licensed by the state and the program may not be |
|
advertised as a child-care facility; |
|
(15) an annual youth camp held in a municipality with a |
|
population of more than 1.5 million that operates for not more than |
|
three months and that has been operated for at least 10 years by a |
|
nonprofit organization that provides care for the homeless; |
|
(16) a food distribution program that: |
|
(A) serves an evening meal to children two years |
|
of age or older; and |
|
(B) is operated by a nonprofit food bank in a |
|
nonprofit, religious, or educational facility for not more than two |
|
hours a day on regular business days; |
|
(17) a child-care facility that operates for less than |
|
three consecutive weeks and less than 40 days in a period of 12 |
|
months; |
|
(18) a program: |
|
(A) in which a child receives direct instruction |
|
in a single skill, talent, ability, expertise, or proficiency; |
|
(B) that does not provide services or offerings |
|
that are not directly related to the single talent, ability, |
|
expertise, or proficiency; |
|
(C) that does not advertise or otherwise |
|
represent that the program is a child-care facility, day-care |
|
center, or licensed before-school or after-school program or that |
|
the program offers child-care services; |
|
(D) that informs the parent or guardian: |
|
(i) that the program is not licensed by the |
|
state; and |
|
(ii) about the physical risks a child may |
|
face while participating in the program; and |
|
(E) that conducts background checks for all |
|
program employees and volunteers who work with children in the |
|
program using information that is obtained from the Department of |
|
Public Safety; |
|
(19) an elementary-age (ages 5-13) recreation program |
|
that: |
|
(A) adopts standards of care, including |
|
standards relating to staff ratios, staff training, health, and |
|
safety; |
|
(B) provides a mechanism for monitoring and |
|
enforcing the standards and receiving complaints from parents of |
|
enrolled children; |
|
(C) does not advertise as or otherwise represent |
|
the program as a child-care facility, day-care center, or licensed |
|
before-school or after-school program or that the program offers |
|
child-care services; |
|
(D) informs parents that the program is not |
|
licensed by the state; |
|
(E) is organized as a nonprofit organization or |
|
is located on the premises of a participant's residence; |
|
(F) does not accept any remuneration other than a |
|
nominal annual membership fee; |
|
(G) does not solicit donations as compensation or |
|
payment for any good or service provided as part of the program; and |
|
(H) conducts background checks for all program |
|
employees and volunteers who work with children in the program |
|
using information that is obtained from the Department of Public |
|
Safety; |
|
(20) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the caretaker: |
|
(A) had a prior relationship with the child or |
|
sibling group or other family members of the child or sibling group; |
|
(B) does not care for more than one unrelated |
|
child or sibling group; |
|
(C) does not receive compensation or solicit |
|
donations for the care of the child or sibling group; and |
|
(D) has a written agreement with the parent to |
|
care for the child or sibling group; |
|
(21) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which: |
|
(A) the department is the managing conservator of |
|
the child or sibling group; |
|
(B) the department placed the child or sibling |
|
group in the caretaker's home; and |
|
(C) the caretaker had a long-standing and |
|
significant relationship with the child or sibling group before the |
|
child or sibling group was placed with the caretaker; |
|
(22) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the child is in |
|
the United States on a time-limited visa under the sponsorship of |
|
the caretaker or of a sponsoring organization; [or] |
|
(23) a facility operated by a nonprofit organization |
|
that: |
|
(A) does not otherwise operate as a child-care |
|
facility that is required to be licensed under this section; |
|
(B) provides emergency shelter and care for not |
|
more than 15 days to children 13 years of age or older but younger |
|
than 18 years of age who are victims of human trafficking alleged |
|
under Section 20A.02, Penal Code; |
|
(C) is located in a municipality with a |
|
population of at least 600,000 that is in a county on an |
|
international border; and |
|
(D) meets one of the following criteria: |
|
(i) is licensed by, or operates under an |
|
agreement with, a state or federal agency to provide shelter and |
|
care to children; or |
|
(ii) meets the eligibility requirements for |
|
a contract under Section 51.005(b)(3); or |
|
(24) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the caretaker: |
|
(A) is a volunteer host family for a qualified |
|
nonprofit organization, as defined by Section 34.0015, Family Code; |
|
(B) has a written authorization agreement with |
|
the parent of the child or sibling group to care for each child or |
|
sibling group; |
|
(C) does not care for more than six children; and |
|
(D) does not receive compensation for the care of |
|
a child or sibling group. |
|
SECTION 12. This Act takes effect September 1, 2015. |