88R7017 MLH-F
By: Sparks S.B. No. 2009
A BILL TO BE ENTITLED
AN ACT
relating to access to certain information in the adoption process
and information in certain investigations conducted by the
Department of Family and Protective Services.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 162.005(b) and (c), Family Code, are
amended to read as follows:
(b) Before placing a child for adoption, the Department of
Family and Protective Services, a licensed child-placing agency, or
the child's parent or guardian shall compile a report on the
available health, social, educational, and genetic history of the
child to be adopted and distribute the report as required by this
chapter.
(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 not later than the 30th day
after the date the child's permanency plan is changed to include
adoption.
SECTION 2. Section 162.0062, Family Code, is amended by
amending Subsection (a) and adding Subsections (a-2) and (a-3) to
read as follows:
(a) Except as provided by Subsection (c), the prospective
adoptive parents of a child are entitled to examine the records and
other information relating to the history of the child including
confidential information other than the identity of the biological
parents and any other person whose identity is confidential. The
Department of Family and Protective Services, licensed
child-placing agency, or other person placing a child for adoption
shall inform the prospective adoptive parents of their right to
examine the records and other information relating to the history
of the child. The department, licensed child-placing agency, 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.
(a-2) The department, licensed child-placing agency, or
other person placing the child for adoption may require a
prospective adoptive parent to sign a confidentiality agreement
before releasing confidential information under this section.
(a-3) The department, licensed child-placing agency, or
other person placing the child for adoption shall provide the
information under this section not later than the 90th day after the
date the information is requested.
SECTION 3. Subchapter A, Chapter 40, Human Resources Code,
is amended by adding Section 40.0051 to read as follows:
Sec. 40.0051. CONFIDENTIAL INVESTIGATION INFORMATION. The
department shall, not later than the 90th day after a request is
made for information, produce all requested information related to
any investigation conducted by the department.
SECTION 4. This Act takes effect September 1, 2023.