84R24497 YDB-F
By: King of Taylor H.B. No. 2837
Substitute the following for H.B. No. 2837:
By: Dutton C.S.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 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.