84R10627 YDB-F
By: King of Taylor H.B. No. 2837
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.