Texas 2017 - 85th Regular

Texas House Bill HB871 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Roberts, et al. (Senate Sponsor - Perry) H.B. No. 871
2		-	(In the Senate - Received from the House April 24, 2017;
3		-	May 1, 2017, read first time and referred to Committee on Health &
4		-	Human Services; May 16, 2017, reported favorably by the following
5		-	vote: Yeas 9, Nays 0; May 16, 2017, sent to printer.)
6		-	Click here to see the committee vote
	1	+	H.B. No. 871
7	2
8	3
9		-	A BILL TO BE ENTITLED
10	4		AN ACT
11	5		relating to child and family support services for families in
12	6		crisis, including authorization agreements.
13	7		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	8		SECTION 1. The heading to Chapter 34, Family Code, is
15	9		amended to read as follows:
16	10		CHAPTER 34. AUTHORIZATION AGREEMENT FOR NONPARENT ADULT CAREGIVER
17	11		[RELATIVE]
18	12		SECTION 2. Section 34.0015, Family Code, is amended to read
19	13		as follows:
20	14		Sec. 34.0015. DEFINITIONS [DEFINITION]. In this chapter:
21	15		(1) "Adult caregiver" means an adult person whom a
22	16		parent has authorized to provide temporary care for a child under
23	17		this chapter.
24	18		(2) "Parent"[, "parent"] has the meaning assigned by
25	19		Section 101.024.
26	20		SECTION 3. Sections 34.002(a) and (c), Family Code, are
27	21		amended to read as follows:
28	22		(a) A parent or both parents of a child may enter into an
29	23		authorization agreement with an adult caregiver [a relative of the
30	24		child listed in Section 34.001] to authorize the adult caregiver
31	25		[relative] to perform the following acts in regard to the child:
32	26		(1) to authorize medical, dental, psychological, or
33	27		surgical treatment and immunization of the child, including
34	28		executing any consents or authorizations for the release of
35	29		information as required by law relating to the treatment or
36	30		immunization;
37	31		(2) to obtain and maintain health insurance coverage
38	32		for the child and automobile insurance coverage for the child, if
39	33		appropriate;
40	34		(3) to enroll the child in a day-care program or
41	35		preschool or in a public or private elementary or secondary school;
42	36		(4) to authorize the child to participate in
43	37		age-appropriate extracurricular, civic, social, or recreational
44	38		activities, including athletic activities;
45	39		(5) to authorize the child to obtain a learner's
46	40		permit, driver's license, or state-issued identification card;
47	41		(6) to authorize employment of the child; and
48	42		(7) to apply for and receive public benefits on behalf
49	43		of the child.
50	44		(c) An authorization agreement under this chapter does not
51	45		confer on an adult caregiver [a relative of the child listed in
52	46		Section 34.001 or a relative or other person with whom the child is
53	47		placed under a child safety placement agreement] the right to
54	48		authorize the performance of an abortion on the child or the
55	49		administration of emergency contraception to the child.
56	50		SECTION 4. Section 34.0021, Family Code, is amended to read
57	51		as follows:
58	52		Sec. 34.0021. AUTHORIZATION AGREEMENT BY PARENT IN CHILD
59	53		PROTECTIVE SERVICES CASE. A parent may enter into an authorization
60	54		agreement with an adult caregiver [a relative or other person] with
61	55		whom a child is placed under a parental child safety placement
62	56		agreement approved by the Department of Family and Protective
63	57		Services to allow the person to perform the acts described by
64	58		Section 34.002(a) with regard to the child:
65	59		(1) during an investigation of abuse or neglect; or
66	60		(2) while the department is providing services to the
67	61		parent.
68	62		SECTION 5. Chapter 34, Family Code, is amended by adding
69	63		Section 34.0022 to read as follows:
70	64		Sec. 34.0022. INAPPLICABILITY OF CERTAIN LAWS. (a) An
71	65		authorization agreement executed under this chapter between a
72	66		child's parent and an adult caregiver does not subject the adult
73	67		caregiver to any law or rule governing the licensing or regulation
74	68		of a residential child-care facility under Chapter 42, Human
75	69		Resources Code.
76	70		(b) A child who is the subject of an authorization agreement
77	71		executed under this chapter is not considered to be placed in foster
78	72		care and the parties to the authorization agreement are not subject
79	73		to any law or rule governing foster care providers.
80	74		SECTION 6. Section 34.003, Family Code, is amended to read
81	75		as follows:
82	76		Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The
83	77		authorization agreement must contain:
84	78		(1) the following information from the adult caregiver
85	79		[relative of the child to whom the parent is giving authorization]:
86	80		(A) the name and signature of the adult caregiver
87	81		[relative];
88	82		(B) the adult caregiver's [relative's]
89	83		relationship to the child; and
90	84		(C) the adult caregiver's [relative's] current
91	85		physical address and telephone number or the best way to contact the
92	86		adult caregiver [relative];
93	87		(2) the following information from the parent:
94	88		(A) the name and signature of the parent; and
95	89		(B) the parent's current address and telephone
96	90		number or the best way to contact the parent;
97	91		(3) the information in Subdivision (2) with respect to
98	92		the other parent, if applicable;
99	93		(4) a statement that the adult caregiver [relative]
100	94		has been given authorization to perform the functions listed in
101	95		Section 34.002(a) as a result of a voluntary action of the parent
102	96		and that the adult caregiver [relative] has voluntarily assumed the
103	97		responsibility of performing those functions;
104	98		(5) statements that neither the parent nor the adult
105	99		caregiver [relative] has knowledge that a parent, guardian,
106	100		custodian, licensed child-placing agency, or other authorized
107	101		agency asserts any claim or authority inconsistent with the
108	102		authorization agreement under this chapter with regard to actual
109	103		physical possession or care, custody, or control of the child;
110	104		(6) statements that:
111	105		(A) to the best of the parent's and adult
112	106		caregiver's [relative's] knowledge:
113	107		(i) there is no court order or pending suit
114	108		affecting the parent-child relationship concerning the child;
115	109		(ii) there is no pending litigation in any
116	110		court concerning:
117	111		(a) custody, possession, or placement
118	112		of the child; or
119	113		(b) access to or visitation with the
120	114		child; and
121	115		(iii) the court does not have continuing
122	116		jurisdiction concerning the child; or
123	117		(B) the court with continuing jurisdiction
124	118		concerning the child has given written approval for the execution
125	119		of the authorization agreement accompanied by the following
126	120		information:
127	121		(i) the county in which the court is
128	122		located;
129	123		(ii) the number of the court; and
130	124		(iii) the cause number in which the order
131	125		was issued or the litigation is pending;
132	126		(7) a statement that to the best of the parent's and
133	127		adult caregiver's [relative's] knowledge there is no current, valid
134	128		authorization agreement regarding the child;
135	129		(8) a statement that the authorization is made in
136	130		conformance with this chapter;
137	131		(9) a statement that the parent and the adult
138	132		caregiver [relative] understand that each party to the
139	133		authorization agreement is required by law to immediately provide
140	134		to each other party information regarding any change in the party's
141	135		address or contact information;
142	136		(10) a statement by the parent that:
143	137		(A) indicates the authorization agreement is for
144	138		a term of:
145	139		(i) six months from the date the parties
146	140		enter into the agreement, which renews automatically for six-month
147	141		terms unless the agreement is terminated as provided by Section
148	142		34.008; or
149	143		(ii) the time provided in the agreement
150	144		with a specific expiration date earlier than six months after the
151	145		date the parties enter into the agreement; and
152	146		(B) identifies [establishes] the circumstances
153	147		under which the authorization agreement may be:
154	148		(i) terminated as provided by Section
155	149		34.008 before the term of the agreement expires; or
156	150		(ii) continued beyond the term of the
157	151		agreement by a court as provided by Section 34.008(b) [expires,
158	152		including that the authorization agreement:
159	153		[(A) is valid until revoked;
160	154		[(B) continues in effect after the death or
161	155		during any incapacity of the parent; or
162	156		[(C) expires on a date stated in the
163	157		authorization agreement]; and
164	158		(11) space for the signature and seal of a notary
165	159		public.
166	160		(b) The authorization agreement must contain the following
167	161		warnings and disclosures:
168	162		(1) that the authorization agreement is an important
169	163		legal document;
170	164		(2) that the parent and the adult caregiver [relative]
171	165		must read all of the warnings and disclosures before signing the
172	166		authorization agreement;
173	167		(3) that the persons signing the authorization
174	168		agreement are not required to consult an attorney but are advised to
175	169		do so;
176	170		(4) that the parent's rights as a parent may be
177	171		adversely affected by placing or leaving the parent's child with
178	172		another person;
179	173		(5) that the authorization agreement does not confer
180	174		on the adult caregiver [relative] the rights of a managing or
181	175		possessory conservator or legal guardian;
182	176		(6) that a parent who is a party to the authorization
183	177		agreement may terminate the authorization agreement and resume
184	178		custody, possession, care, and control of the child on demand and
185	179		that at any time the parent may request the return of the child;
186	180		(7) that failure by the adult caregiver [relative] to
187	181		return the child to the parent immediately on request may have
188	182		criminal and civil consequences;
189	183		(8) that, under other applicable law, the adult
190	184		caregiver [relative] may be liable for certain expenses relating to
191	185		the child in the adult caregiver's [relative's] care but that the
192	186		parent still retains the parental obligation to support the child;
193	187		(9) that, in certain circumstances, the authorization
194	188		agreement may not be entered into without written permission of the
195	189		court;
196	190		(10) that the authorization agreement may be
197	191		terminated by certain court orders affecting the child;
198	192		(11) that the authorization agreement does not
199	193		supersede, invalidate, or terminate any prior authorization
200	194		agreement regarding the child;
201	195		(12) that the authorization agreement is void if a
202	196		prior authorization agreement regarding the child is in effect and
203	197		has not expired or been terminated;
204	198		(13) that, except as provided by Section 34.005(a-1),
205	199		the authorization agreement is void unless:
206	200		(A) the parties mail a copy of the authorization
207	201		agreement by certified mail, return receipt requested, or
208	202		international registered mail, return receipt requested, as
209	203		applicable, to a parent who was not a party to the authorization
210	204		agreement, if the parent is living and the parent's parental rights
211	205		have not been terminated, not later than the 10th day after the date
212	206		the authorization agreement is signed; and
213	207		(B) if the parties do not receive a response from
214	208		the parent who is not a party to the authorization agreement before
215	209		the 20th day after the date the copy of the authorization agreement
216	210		is mailed under Paragraph (A), the parties mail a second copy of the
217	211		authorization agreement by first class mail or international first
218	212		class mail, as applicable, to the parent not later than the 45th day
219	213		after the date the authorization agreement is signed; and
220	214		(14) that the authorization agreement does not confer
221	215		on an adult caregiver [a relative of the child] the right to
222	216		authorize the performance of an abortion on the child or the
223	217		administration of emergency contraception to the child.
224	218		SECTION 7. Section 34.004(a), Family Code, is amended to
225	219		read as follows:
226	220		(a) The authorization agreement must be signed and sworn to
227	221		before a notary public by the parent and the adult caregiver
228	222		[relative].
229	223		SECTION 8. Section 34.007(b), Family Code, is amended to
230	224		read as follows:
231	225		(b) The authorization agreement does not affect the rights
232	226		of the child's parent or legal guardian regarding the care,
233	227		custody, and control of the child, and does not mean that the adult
234	228		caregiver [relative] has legal custody of the child.
235	229		SECTION 9. Chapter 34, Family Code, is amended by adding
236	230		Section 34.0075 to read as follows:
237	231		Sec. 34.0075. TERM OF AUTHORIZATION AGREEMENT. An
238	232		authorization agreement executed under this chapter is for a term
239	233		of six months from the date the parties enter into the agreement and
240	234		renews automatically for six-month terms unless:
241	235		(1) an earlier expiration date is stated in the
242	236		authorization agreement;
243	237		(2) the authorization agreement is terminated as
244	238		provided by Section 34.008; or
245	239		(3) a court authorizes the continuation of the
246	240		agreement as provided by Section 34.008(b).
247	241		SECTION 10. Section 34.008(c), Family Code, is amended to
248	242		read as follows:
249	243		(c) An authorization agreement under this chapter
250	244		terminates on written revocation by a party to the authorization
251	245		agreement if the party:
252	246		(1) gives each party written notice of the revocation;
253	247		(2) files the written revocation with the clerk of the
254	248		county in which:
255	249		(A) the child resides;
256	250		(B) the child resided at the time the
257	251		authorization agreement was executed; or
258	252		(C) the adult caregiver [relative] resides; and
259	253		(3) files the written revocation with the clerk of
260	254		each court:
261	255		(A) that has continuing, exclusive jurisdiction
262	256		over the child;
263	257		(B) in which there is a court order or pending
264	258		suit affecting the parent-child relationship concerning the child;
265	259		(C) in which there is pending litigation
266	260		concerning:
267	261		(i) custody, possession, or placement of
268	262		the child; or
269	263		(ii) access to or visitation with the
270	264		child; or
271	265		(D) that has entered an order regarding the
272	266		appointment of a guardian for the child under Subchapter B, Chapter
273	267		1104, Estates [Section 676, Texas Probate] Code.
274	268		SECTION 11. Subchapter C, Chapter 264, Family Code, is
275	269		amended by adding Sections 264.2042 and 264.2043 to read as
276	270		follows:
277	271		Sec. 264.2042. NONPROFIT ORGANIZATIONS PROVIDING CHILD AND
278	272		FAMILY SERVICES. (a) The department shall cooperate with
279	273		nonprofit organizations, including faith-based organizations, in
280	274		providing information to families in crisis regarding child and
281	275		family services, including respite care, voluntary guardianship,
282	276		and other support services, available in the child's community.
283	277		(b) The department does not incur any obligation as a result
284	278		of providing information as required by Subsection (a).
285	279		(c) The department is not liable for damages arising out of
286	280		the provision of information as required by Subsection (a).
287	281		Sec. 264.2043. PROHIBITION ON ABUSE OR NEGLECT
288	282		INVESTIGATION BASED SOLELY ON REQUEST FOR INFORMATION. The
289	283		department may not initiate an investigation of child abuse or
290	284		neglect based solely on a request submitted to the department by a
291	285		child's parent for information relating to child and family
292	286		services available to families in crisis.
293	287		SECTION 12. Section 42.041(b), Human Resources Code, is
294	288		amended to read as follows:
295	289		(b) This section does not apply to:
296	290		(1) a state-operated facility;
297	291		(2) an agency foster home or agency foster group home;
298	292		(3) a facility that is operated in connection with a
299	293		shopping center, business, religious organization, or
300	294		establishment where children are cared for during short periods
301	295		while parents or persons responsible for the children are attending
302	296		religious services, shopping, or engaging in other activities,
303	297		including retreats or classes for religious instruction, on or near
304	298		the premises, that does not advertise as a child-care facility or
305	299		day-care center, and that informs parents that it is not licensed by
306	300		the state;
307	301		(4) a school or class for religious instruction that
308	302		does not last longer than two weeks and is conducted by a religious
309	303		organization during the summer months;
310	304		(5) a youth camp licensed by the Department of State
311	305		Health Services;
312	306		(6) a facility licensed, operated, certified, or
313	307		registered by another state agency;
314	308		(7) an educational facility that is accredited by the
315	309		Texas Education Agency, the Southern Association of Colleges and
316	310		Schools, or an accreditation body that is a member of the Texas
317	311		Private School Accreditation Commission and that operates
318	312		primarily for educational purposes for prekindergarten and above, a
319	313		before-school or after-school program operated directly by an
320	314		accredited educational facility, or a before-school or
321	315		after-school program operated by another entity under contract with
322	316		the educational facility, if the Texas Education Agency, the
323	317		Southern Association of Colleges and Schools, or the other
324	318		accreditation body, as applicable, has approved the curriculum
325	319		content of the before-school or after-school program operated under
326	320		the contract;
327	321		(8) an educational facility that operates solely for
328	322		educational purposes for prekindergarten through at least grade
329	323		two, that does not provide custodial care for more than one hour
330	324		during the hours before or after the customary school day, and that
331	325		is a member of an organization that promulgates, publishes, and
332	326		requires compliance with health, safety, fire, and sanitation
333	327		standards equal to standards required by state, municipal, and
334	328		county codes;
335	329		(9) a kindergarten or preschool educational program
336	330		that is operated as part of a public school or a private school
337	331		accredited by the Texas Education Agency, that offers educational
338	332		programs through grade six, and that does not provide custodial
339	333		care during the hours before or after the customary school day;
340	334		(10) a family home, whether registered or listed;
341	335		(11) an educational facility that is integral to and
342	336		inseparable from its sponsoring religious organization or an
343	337		educational facility both of which do not provide custodial care
344	338		for more than two hours maximum per day, and that offers an
345	339		educational program in one or more of the following:
346	340		prekindergarten through at least grade three, elementary grades, or
347	341		secondary grades;
348	342		(12) an emergency shelter facility, other than a
349	343		facility that would otherwise require a license as a child-care
350	344		facility under this section, that provides shelter or care to a
351	345		minor and the minor's child or children, if any, under Section
352	346		32.201, Family Code, if the facility:
353	347		(A) is currently under a contract with a state or
354	348		federal agency; or
355	349		(B) meets the requirements listed under Section
356	350		51.005(b)(3);
357	351		(13) a juvenile detention facility certified under
358	352		Section 51.12, Family Code, a juvenile correctional facility
359	353		certified under Section 51.125, Family Code, a juvenile facility
360	354		providing services solely for the Texas Juvenile Justice
361	355		Department, or any other correctional facility for children
362	356		operated or regulated by another state agency or by a political
363	357		subdivision of the state;
364	358		(14) an elementary-age (ages 5-13) recreation program
365	359		operated by a municipality provided the governing body of the
366	360		municipality annually adopts standards of care by ordinance after a
367	361		public hearing for such programs, that such standards are provided
368	362		to the parents of each program participant, and that the ordinances
369	363		shall include, at a minimum, staffing ratios, minimum staff
370	364		qualifications, minimum facility, health, and safety standards,
371	365		and mechanisms for monitoring and enforcing the adopted local
372	366		standards; and further provided that parents be informed that the
373	367		program is not licensed by the state and the program may not be
374	368		advertised as a child-care facility;
375	369		(15) an annual youth camp held in a municipality with a
376	370		population of more than 1.5 million that operates for not more than
377	371		three months and that has been operated for at least 10 years by a
378	372		nonprofit organization that provides care for the homeless;
379	373		(16) a food distribution program that:
380	374		(A) serves an evening meal to children two years
381	375		of age or older; and
382	376		(B) is operated by a nonprofit food bank in a
383	377		nonprofit, religious, or educational facility for not more than two
384	378		hours a day on regular business days;
385	379		(17) a child-care facility that operates for less than
386	380		three consecutive weeks and less than 40 days in a period of 12
387	381		months;
388	382		(18) a program:
389	383		(A) in which a child receives direct instruction
390	384		in a single skill, talent, ability, expertise, or proficiency;
391	385		(B) that does not provide services or offerings
392	386		that are not directly related to the single talent, ability,
393	387		expertise, or proficiency;
394	388		(C) that does not advertise or otherwise
395	389		represent that the program is a child-care facility, day-care
396	390		center, or licensed before-school or after-school program or that
397	391		the program offers child-care services;
398	392		(D) that informs the parent or guardian:
399	393		(i) that the program is not licensed by the
400	394		state; and
401	395		(ii) about the physical risks a child may
402	396		face while participating in the program; and
403	397		(E) that conducts background checks for all
404	398		program employees and volunteers who work with children in the
405	399		program using information that is obtained from the Department of
406	400		Public Safety;
407	401		(19) an elementary-age (ages 5-13) recreation program
408	402		that:
409	403		(A) adopts standards of care, including
410	404		standards relating to staff ratios, staff training, health, and
411	405		safety;
412	406		(B) provides a mechanism for monitoring and
413	407		enforcing the standards and receiving complaints from parents of
414	408		enrolled children;
415	409		(C) does not advertise as or otherwise represent
416	410		the program as a child-care facility, day-care center, or licensed
417	411		before-school or after-school program or that the program offers
418	412		child-care services;
419	413		(D) informs parents that the program is not
420	414		licensed by the state;
421	415		(E) is organized as a nonprofit organization or
422	416		is located on the premises of a participant's residence;
423	417		(F) does not accept any remuneration other than a
424	418		nominal annual membership fee;
425	419		(G) does not solicit donations as compensation or
426	420		payment for any good or service provided as part of the program; and
427	421		(H) conducts background checks for all program
428	422		employees and volunteers who work with children in the program
429	423		using information that is obtained from the Department of Public
430	424		Safety;
431	425		(20) a living arrangement in a caretaker's home
432	426		involving one or more children or a sibling group, excluding
433	427		children who are related to the caretaker, in which the caretaker:
434	428		(A) had a prior relationship with the child or
435	429		sibling group or other family members of the child or sibling group;
436	430		(B) does not care for more than one unrelated
437	431		child or sibling group;
438	432		(C) does not receive compensation or solicit
439	433		donations for the care of the child or sibling group; and
440	434		(D) has a written agreement with the parent to
441	435		care for the child or sibling group;
442	436		(21) a living arrangement in a caretaker's home
443	437		involving one or more children or a sibling group, excluding
444	438		children who are related to the caretaker, in which:
445	439		(A) the department is the managing conservator of
446	440		the child or sibling group;
447	441		(B) the department placed the child or sibling
448	442		group in the caretaker's home; and
449	443		(C) the caretaker had a long-standing and
450	444		significant relationship with the child or sibling group before the
451	445		child or sibling group was placed with the caretaker;
452	446		(22) a living arrangement in a caretaker's home
453	447		involving one or more children or a sibling group, excluding
454	448		children who are related to the caretaker, in which the child is in
455	449		the United States on a time-limited visa under the sponsorship of
456	450		the caretaker or of a sponsoring organization; [or]
457	451		(23) a facility operated by a nonprofit organization
458	452		that:
459	453		(A) does not otherwise operate as a child-care
460	454		facility that is required to be licensed under this section;
461	455		(B) provides emergency shelter and care for not
462	456		more than 15 days to children 13 years of age or older but younger
463	457		than 18 years of age who are victims of human trafficking alleged
464	458		under Section 20A.02, Penal Code;
465	459		(C) is located in a municipality with a
466	460		population of at least 600,000 that is in a county on an
467	461		international border; and
468	462		(D) meets one of the following criteria:
469	463		(i) is licensed by, or operates under an
470	464		agreement with, a state or federal agency to provide shelter and
471	465		care to children; or
472	466		(ii) meets the eligibility requirements for
473	467		a contract under Section 51.005(b)(3); or
474	468		(24) a living arrangement in a caretaker's home
475	469		involving one or more children or a sibling group in which the
476	470		caretaker:
477	471		(A) has a written authorization agreement under
478	472		Chapter 34, Family Code, with the parent of each child or sibling
479	473		group to care for each child or sibling group;
480	474		(B) does not care for more than six children,
481	475		excluding children who are related to the caretaker; and
482	476		(C) does not receive compensation for caring for
483	477		any child or sibling group.
484	478		SECTION 13. Sections 34.001 and 34.008(d), Family Code, are
485	479		repealed.
486	480		SECTION 14. This Act takes effect September 1, 2017.
487		-	* * * * *
	481	+	______________________________ ______________________________
	482	+	President of the Senate Speaker of the House
	483	+	I certify that H.B. No. 871 was passed by the House on April
	484	+	20, 2017, by the following vote: Yeas 144, Nays 0, 2 present, not
	485	+	voting.
	486	+	______________________________
	487	+	Chief Clerk of the House
	488	+	I certify that H.B. No. 871 was passed by the Senate on May
	489	+	19, 2017, by the following vote: Yeas 31, Nays 0.
	490	+	______________________________
	491	+	Secretary of the Senate
	492	+	APPROVED: _____________________
	493	+	Date
	494	+	_____________________
	495	+	Governor