By: Parker H.B. No. 834
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulating the custody transfer of an adopted child;
  creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 162, Family Code, is
  amended by adding Section 162.026 to read as follows:
         Sec. 162.026.  REGULATED CUSTODY TRANSFER OF ADOPTED CHILD.
  A parent, managing conservator, or guardian of an adopted child may
  not transfer permanent physical custody of the child to any person
  who is not a relative or stepparent of the child or an adult who has
  a significant and long-standing relationship with the child unless:
               (1)  the parent, managing conservator, or guardian
  files a petition with a court of competent jurisdiction requesting
  a transfer of custody; and
 
               (2)  the court approves the petition.
         SECTION 2.  Subchapter G, Chapter 162, Family Code, is
  amended by adding Section 162.603 to read as follows:
         Sec. 162.603.  POST-ADOPTION SUPPORT INFORMATION PROVIDED
  BY LICENSED CHILD-PLACING AGENCIES. A licensed child-placing
  agency shall provide prospective adoptive parents with information
  regarding:
               (1)  the community services and other resources
  available to support a parent who adopts a child; and
               (2)  the options available to the adoptive parent if
  the parent is unable to care for the adopted child. 
         SECTION 3.  Chapter 25, Penal Code, is amended by adding
  Section 25.081 to read as follows:
         Sec. 25.081.  UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD.
  (a) In this section:
               (1)  "Adopted child" means a person younger than 18
  years of age adopted through a governmental entity or a private
  child placement agency, including a person who is in foster care or
  from a foreign country at the time of the adoption.
               (2)  "Unregulated custody transfer" means the transfer
  of the permanent physical custody of an adopted child by the parent,
  managing conservator, or guardian of the child without receiving
  approval of the transfer by a court as required by Section 162.026,
  Family Code.
         (b)  Except as otherwise provided by this section, a person
  commits an offense if the person knowingly:
               (1)  conducts an unregulated custody transfer of an
  adopted child; or
               (2)  facilitates or participates in the unregulated
  custody transfer of an adopted child, including by transferring,
  recruiting, harboring, transporting, providing, soliciting, or
  obtaining an adopted child for that purpose.
         (c)  An offense under this section is a felony of the third
  degree, except that the offense is a felony of the second degree if
  the actor commits the offense with intent to commit an offense under
  Section 20A.02, 43.02, 43.05, 43.25, 43.251, or 43.26.
         (d)  This section does not apply to:
               (1)  the placement of an adopted child with a licensed
  child-placing agency, the Department of Family and Protective
  Services, or an adult relative, stepparent, or other adult with a
  significant and long-standing relationship to the child;
               (2)  the placement of an adopted child by a licensed
  child-placing agency or the Department of Family and Protective
  Services;
               (3)  the temporary placement of an adopted child by the
  child's parent, managing conservator, or guardian for a designated
  short-term period with a specified intent and period for return of
  the child due to temporary circumstances, including:
                     (A)  a vacation;
                     (B)  a school-sponsored function or activity; or
                     (C)  the incarceration, military service, medical
  treatment, or incapacity of the parent, managing conservator, or
  guardian;
               (4)  the placement of an adopted child in another state
  in accordance with the requirements of Subchapter B, Chapter 162,
  Family Code; or
               (5)  the voluntary delivery of an adopted child under
  Subchapter D, Chapter 262, Family Code.
         SECTION 4.  Section 25.09(a), Penal Code, is amended to read
  as follows:
         (a)  A person commits an offense if the person advertises in
  the public media that the person will place, [a child for adoption
  or will] provide, or obtain a child for adoption or any other form
  of permanent physical custody of the child.
         SECTION 5.  The change in law made by this Act to Section
  25.09, Penal Code, applies only to an offense committed on or after
  the effective date of this Act. An offense committed before the
  effective date of this Act is governed by the law in effect on the
  date the offense was committed, and the former law is continued in
  effect for that purpose. For purposes of this section, an offense
  was committed before the effective date of this Act if any element
  of the offense was committed before that date.
         SECTION 6.  This Act takes effect September 1, 2017.