| 1 | 1 | | 85R10122 MM-D |
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| 2 | 2 | | By: Perry S.B. No. 1206 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to access to certain health records and information |
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| 8 | 8 | | regarding a child placed for adoption. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 162.005, Family Code, is amended by |
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| 11 | 11 | | adding Subsection (c) to read as follows: |
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| 12 | 12 | | (c) The department shall ensure that each licensed |
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| 13 | 13 | | child-placing agency, single source continuum contractor, or other |
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| 14 | 14 | | person placing a child for adoption receives a copy of any portion |
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| 15 | 15 | | of the report prepared by the department. |
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| 16 | 16 | | SECTION 2. Section 162.0062, Family Code, is amended by |
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| 17 | 17 | | adding Subsection (a-1) to read as follows: |
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| 18 | 18 | | (a-1) If a child is placed with a foster parent or a |
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| 19 | 19 | | prospective adoptive parent prior to adoption, the foster parent or |
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| 20 | 20 | | prospective adoptive parent is entitled to examine any record or |
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| 21 | 21 | | other information relating to the child's health history, including |
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| 22 | 22 | | the portion of the report prepared under Section 162.005 for the |
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| 23 | 23 | | child that relates to the child's health. The department, licensed |
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| 24 | 24 | | child-placing agency, single source continuum contractor, or other |
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| 25 | 25 | | person placing a child for adoption shall inform the foster parent |
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| 26 | 26 | | or prospective adoptive parent of the foster parent or prospective |
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| 27 | 27 | | adoptive parent's right to examine the records and other |
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| 28 | 28 | | information relating to the child's health history. The |
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| 29 | 29 | | department, licensed child-placing agency, single source continuum |
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| 30 | 30 | | contractor, or other person placing the child for adoption shall |
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| 31 | 31 | | edit the records and information to protect the identity of the |
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| 32 | 32 | | biological parents and any other person whose identity is |
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| 33 | 33 | | confidential. |
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| 34 | 34 | | SECTION 3. Section 162.007, Family Code, is amended by |
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| 35 | 35 | | amending Subsection (a) and adding Subsection (g) to read as |
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| 36 | 36 | | follows: |
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| 37 | 37 | | (a) The health history of the child must include information |
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| 38 | 38 | | about: |
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| 39 | 39 | | (1) the child's health status at the time of placement; |
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| 40 | 40 | | (2) the child's birth, neonatal, and other medical, |
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| 41 | 41 | | psychological, psychiatric, and dental history information, |
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| 42 | 42 | | including to the extent known by the department: |
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| 43 | 43 | | (A) whether the child's birth mother consumed |
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| 44 | 44 | | alcohol during pregnancy; and |
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| 45 | 45 | | (B) whether the child has been diagnosed with |
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| 46 | 46 | | fetal alcohol spectrum disorder; |
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| 47 | 47 | | (3) a record of immunizations for the child; and |
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| 48 | 48 | | (4) the available results of medical, psychological, |
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| 49 | 49 | | psychiatric, and dental examinations of the child. |
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| 50 | 50 | | (g) In this section, "fetal alcohol spectrum disorder" |
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| 51 | 51 | | means any of a group of conditions that can occur in a person whose |
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| 52 | 52 | | mother consumed alcohol during pregnancy. |
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| 53 | 53 | | SECTION 4. This Act takes effect September 1, 2017. |
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