By: Smith (Senate Sponsor - Paxton) H.B. No. 461
(In the Senate - Received from the House May 8, 2023;
May 9, 2023, read first time and referred to Committee on State
Affairs; May 19, 2023, reported favorably by the following vote:
Yeas 9, Nays 0; May 19, 2023, sent to printer.)
Click here to see the committee vote
COMMITTEE VOTE
YeaNayAbsentPNV
HughesX
PaxtonX
BettencourtX
BirdwellX
LaMantiaX
MenéndezX
MiddletonX
ParkerX
PerryX
SchwertnerX
ZaffiriniX
A BILL TO BE ENTITLED
AN ACT
relating to a waiver of the requirement for the performance of an
adoption evaluation in certain suits for adoption.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 107.153, Family Code, is amended by
amending Subsections (a) and (e) and adding Subsection (a-1) to
read as follows:
(a) Except as provided by Subsection (a-1), the [The] court
shall order the performance of an adoption evaluation to evaluate
each party who requests termination of the parent-child
relationship or an adoption in a suit for:
(1) termination of the parent-child relationship in
which a person other than a parent may be appointed managing
conservator of a child; or
(2) an adoption.
(a-1) In a suit for adoption that is uncontested, the court
may waive the requirement under Subsection (a) for the performance
of an adoption evaluation of the prospective adoptive parent if:
(1) the prospective adoptive parent is a stepparent of
the child; and
(2) the court has reviewed investigative records of
the department and any criminal history record information
maintained by the Department of Public Safety relating to the
prospective adoptive parent.
(e) The costs of conducting an adoption evaluation required
under Subsection (a) or reviewing investigative records of the
department and criminal history record information maintained by
the Department of Public Safety under Subsection (a-1), as
applicable, [this section] shall be paid by the prospective
adoptive parent.
SECTION 2. Section 162.003, Family Code, is amended to read
as follows:
Sec. 162.003. ADOPTION EVALUATION. In a suit for adoption,
an adoption evaluation must be conducted as provided in Chapter
107, unless the court waives the requirement for the performance of
an adoption evaluation under Section 107.153(a-1).
SECTION 3. The change in law made by this Act applies only
to a suit for adoption that is pending in trial court on the
effective date of this Act or filed on or after the effective date
of this Act.
SECTION 4. This Act takes effect September 1, 2023.
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