85R10122 MM-D
By: Perry S.B. No. 1206
A BILL TO BE ENTITLED
AN ACT
relating to access to certain health records and information
regarding a child placed for adoption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 162.005, Family Code, is amended by
adding Subsection (c) to read as follows:
(c) The department shall ensure that each licensed
child-placing agency, single source continuum contractor, or other
person placing a child for adoption receives a copy of any portion
of the report prepared by the department.
SECTION 2. Section 162.0062, Family Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) If a child is placed with a foster parent or a
prospective adoptive parent prior to adoption, the foster parent or
prospective adoptive parent is entitled to examine any record or
other information relating to the child's health history, including
the portion of the report prepared under Section 162.005 for the
child that relates to the child's health. The department, licensed
child-placing agency, single source continuum contractor, or other
person placing a child for adoption shall inform the foster parent
or prospective adoptive parent of the foster parent or prospective
adoptive parent's right to examine the records and other
information relating to the child's health history. The
department, licensed child-placing agency, single source continuum
contractor, or other person placing the child for adoption shall
edit the records and information to protect the identity of the
biological parents and any other person whose identity is
confidential.
SECTION 3. Section 162.007, Family Code, is amended by
amending Subsection (a) and adding Subsection (g) to read as
follows:
(a) The health history of the child must include information
about:
(1) the child's health status at the time of placement;
(2) the child's birth, neonatal, and other medical,
psychological, psychiatric, and dental history information,
including to the extent known by the department:
(A) whether the child's birth mother consumed
alcohol during pregnancy; and
(B) whether the child has been diagnosed with
fetal alcohol spectrum disorder;
(3) a record of immunizations for the child; and
(4) the available results of medical, psychological,
psychiatric, and dental examinations of the child.
(g) In this section, "fetal alcohol spectrum disorder"
means any of a group of conditions that can occur in a person whose
mother consumed alcohol during pregnancy.
SECTION 4. This Act takes effect September 1, 2017.