By: Parker (Senate Sponsor - Birdwell) H.B. No. 834
(In the Senate - Received from the House May 3, 2017;
May 5, 2017, read first time and referred to Committee on State
Affairs; May 12, 2017, reported favorably by the following vote:
Yeas 9, Nays 0; May 12, 2017, sent to printer.)
Click here to see the committee vote
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.
* * * * *