By: Roberts, et al. (Senate Sponsor - Perry) H.B. No. 871
(In the Senate - Received from the House April 24, 2017;
May 1, 2017, read first time and referred to Committee on Health &
Human Services; May 16, 2017, reported favorably by the following
vote: Yeas 9, Nays 0; May 16, 2017, sent to printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to child and family support services for families in
crisis, including authorization agreements.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 34, Family Code, is
amended to read as follows:
CHAPTER 34. AUTHORIZATION AGREEMENT FOR NONPARENT ADULT CAREGIVER
[RELATIVE]
SECTION 2. Section 34.0015, Family Code, is amended to read
as follows:
Sec. 34.0015. DEFINITIONS [DEFINITION]. In this chapter:
(1) "Adult caregiver" means an adult person whom a
parent has authorized to provide temporary care for a child under
this chapter.
(2) "Parent"[, "parent"] has the meaning assigned by
Section 101.024.
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 an adult caregiver [a relative of the
child listed in Section 34.001] to authorize the adult caregiver
[relative] 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 elementary 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 an adult caregiver [a relative of the child 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
authorize the performance of an abortion on the child or the
administration of emergency contraception to the child.
SECTION 4. Section 34.0021, Family Code, is amended to read
as follows:
Sec. 34.0021. AUTHORIZATION AGREEMENT BY PARENT IN CHILD
PROTECTIVE SERVICES CASE. A parent may enter into an authorization
agreement with an adult caregiver [a relative or other person] with
whom a child is placed under a parental child safety placement
agreement approved by the Department of Family and Protective
Services to allow the person to perform the acts described by
Section 34.002(a) with regard to the child:
(1) during an investigation of abuse or neglect; or
(2) while the department is providing services to the
parent.
SECTION 5. Chapter 34, Family Code, is amended by adding
Section 34.0022 to read as follows:
Sec. 34.0022. INAPPLICABILITY OF CERTAIN LAWS. (a) An
authorization agreement executed under this chapter between a
child's parent and an adult caregiver does not subject the adult
caregiver to any law or rule governing the licensing or regulation
of a residential child-care facility under Chapter 42, Human
Resources Code.
(b) A child who is the subject of an authorization agreement
executed under this chapter is not considered to be placed in foster
care and the parties to the authorization agreement are not subject
to any law or rule governing foster care providers.
SECTION 6. 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 adult caregiver
[relative of the child to whom the parent is giving authorization]:
(A) the name and signature of the adult caregiver
[relative];
(B) the adult caregiver's [relative's]
relationship to the child; and
(C) the adult caregiver's [relative's] current
physical address and telephone number or the best way to contact the
adult caregiver [relative];
(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 adult caregiver [relative]
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 adult caregiver [relative] has voluntarily assumed the
responsibility of performing those functions;
(5) statements that neither the parent nor the adult
caregiver [relative] 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 adult
caregiver's [relative'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
adult caregiver's [relative'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 adult
caregiver [relative] 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:
(A) indicates the authorization agreement is for
a term of:
(i) six months from the date the parties
enter into the agreement, which renews automatically for six-month
terms unless the agreement is terminated as provided by Section
34.008; or
(ii) the time provided in the agreement
with a specific expiration date earlier than six months after the
date the parties enter into the agreement; and
(B) identifies [establishes] the circumstances
under which the authorization agreement may be:
(i) terminated as provided by Section
34.008 before the term of the agreement expires; or
(ii) continued beyond the term of the
agreement by a court as provided by Section 34.008(b) [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) 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 adult caregiver [relative]
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 adult caregiver [relative] 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 adult caregiver [relative] to
return the child to the parent immediately on request may have
criminal and civil consequences;
(8) that, under other applicable law, the adult
caregiver [relative] may be liable for certain expenses relating to
the child in the adult caregiver's [relative'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 an adult caregiver [a relative of the child] the right to
authorize the performance of an abortion on the child or the
administration of emergency contraception to the child.
SECTION 7. 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 the parent and the adult caregiver
[relative].
SECTION 8. 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 adult
caregiver [relative] has legal custody of the child.
SECTION 9. Chapter 34, Family Code, is amended by adding
Section 34.0075 to read as follows:
Sec. 34.0075. TERM OF AUTHORIZATION AGREEMENT. An
authorization agreement executed under this chapter is for a term
of six months from the date the parties enter into the agreement and
renews automatically for six-month terms unless:
(1) an earlier expiration date is stated in the
authorization agreement;
(2) the authorization agreement is terminated as
provided by Section 34.008; or
(3) a court authorizes the continuation of the
agreement as provided by Section 34.008(b).
SECTION 10. 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 adult caregiver [relative] 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 11. Subchapter C, Chapter 264, Family Code, is
amended by adding Sections 264.2042 and 264.2043 to read as
follows:
Sec. 264.2042. NONPROFIT ORGANIZATIONS PROVIDING CHILD AND
FAMILY SERVICES. (a) The department shall cooperate with
nonprofit organizations, including faith-based organizations, in
providing information to families in crisis regarding child and
family services, including respite care, voluntary guardianship,
and other support services, available in the child's community.
(b) The department does not incur any obligation as a result
of providing information as required by Subsection (a).
(c) The department is not liable for damages arising out of
the provision of information as required by Subsection (a).
Sec. 264.2043. PROHIBITION ON ABUSE OR NEGLECT
INVESTIGATION BASED SOLELY ON REQUEST FOR INFORMATION. The
department may not initiate an investigation of child abuse or
neglect based solely on a request submitted to the department by a
child's parent for information relating to child and family
services available to families in crisis.
SECTION 12. 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 in which the
caretaker:
(A) has a written authorization agreement under
Chapter 34, Family Code, with the parent of each child or sibling
group to care for each child or sibling group;
(B) does not care for more than six children,
excluding children who are related to the caretaker; and
(C) does not receive compensation for caring for
any child or sibling group.
SECTION 13. Sections 34.001 and 34.008(d), Family Code, are
repealed.
SECTION 14. This Act takes effect September 1, 2017.
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