|
|
|
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. |
|
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. This subsection does not apply to a parent whose |
|
child is the subject of an ongoing investigation by the department |
|
of child abuse or neglect or to whom the department is providing |
|
services. |
|
(b) A child placed through an authorization agreement under |
|
this section is not in foster care and is not considered in the |
|
conservatorship of the department. |
|
(c) A person with whom a child is placed under an |
|
authorization agreement entered into under this chapter is not a |
|
foster home and is not subject to state foster care regulations. |
|
Sec. 34.0023. PARENTAL RIGHTS NOT ADVERSELY AFFECTED. A |
|
parent's execution of an authorization agreement under this chapter |
|
does not constitute abandonment or child abuse or neglect and may |
|
not independently adversely affect the parent's rights with respect |
|
to the parent's child. |
|
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) complete a criminal history background check and |
|
child abuse and neglect background check on each adult in the |
|
person's household; |
|
(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. |
|
(c) If the department does not have an open investigation |
|
involving the child or parent or is not otherwise providing |
|
services to the parent, the department may not open an |
|
investigation based solely on receiving the notification required |
|
by Subsection (a)(3). |
|
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; |
|
(5) [(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; |
|
(6) [(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; |
|
(7) [(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; |
|
(8) [(9)] that, in certain circumstances, the |
|
authorization agreement may not be entered into without written |
|
permission of the court; |
|
(9) [(10)] that the authorization agreement may be |
|
terminated by certain court orders affecting the child; |
|
(10) [(11)] that the authorization agreement does not |
|
supersede, invalidate, or terminate any prior authorization |
|
agreement regarding the child; |
|
(11) [(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; |
|
(12) [(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 |
|
(13) [(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. This Act takes effect September 1, 2015. |