| 1 | 1 | | By: Sparks S.B. No. 2009 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to access to certain information in the adoption process. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Sections 162.005(b) and (c), Family Code, are |
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| 9 | 9 | | amended to read as follows: |
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| 10 | 10 | | (b) Before placing a child for adoption, the Department of |
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| 11 | 11 | | Family and Protective Services, a licensed child-placing agency, or |
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| 12 | 12 | | the child's parent or guardian shall compile a report on the |
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| 13 | 13 | | available health, social, educational, and genetic history of the |
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| 14 | 14 | | child to be adopted and distribute the report as required by this |
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| 15 | 15 | | chapter. |
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| 16 | 16 | | (c) The department shall ensure that each licensed |
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| 17 | 17 | | child-placing agency, single source continuum contractor, or other |
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| 18 | 18 | | person placing a child for adoption receives a copy of any portion |
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| 19 | 19 | | of the report prepared by the department not later than the 30th day |
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| 20 | 20 | | after the date the child's permanency plan is changed to include |
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| 21 | 21 | | adoption. |
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| 22 | 22 | | SECTION 2. Section 162.0062, Family Code, is amended by |
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| 23 | 23 | | amending Subsection (a) and adding Subsections (a-2) and (a-3) to |
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| 24 | 24 | | read as follows: |
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| 25 | 25 | | (a) Except as provided by Subsection (c), the prospective |
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| 26 | 26 | | adoptive parents of a child are entitled to examine the records and |
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| 27 | 27 | | other information relating to the history of the child, including |
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| 28 | 28 | | confidential information other than the identity of the biological |
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| 29 | 29 | | parents and any other person whose identity is confidential. The |
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| 30 | 30 | | Department of Family and Protective Services, licensed |
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| 31 | 31 | | child-placing agency, or other person placing a child for adoption |
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| 32 | 32 | | shall inform the prospective adoptive parents of their right to |
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| 33 | 33 | | examine the records and other information relating to the history |
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| 34 | 34 | | of the child. The department, licensed child-placing agency, or |
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| 35 | 35 | | other person placing the child for adoption shall: |
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| 36 | 36 | | (1) redact each social security number from the |
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| 37 | 37 | | records and information; and |
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| 38 | 38 | | (2) edit the records and information to protect the |
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| 39 | 39 | | identity of the biological parents, any biological siblings adopted |
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| 40 | 40 | | by a different family, the adoptive parents of those biological |
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| 41 | 41 | | siblings, any person who made a report of abuse or neglect to the |
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| 42 | 42 | | department or a law enforcement agency, and any [other] person |
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| 43 | 43 | | whose identity is confidential under Section 262.308. |
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| 44 | 44 | | (a-2) A prospective adoptive parent must sign a |
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| 45 | 45 | | nondisclosure agreement before the department, licensed |
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| 46 | 46 | | child-placing agency, or other person placing the child for |
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| 47 | 47 | | adoption may release confidential information under this section. |
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| 48 | 48 | | (a-3) The department, licensed child-placing agency, or |
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| 49 | 49 | | other person placing the child for adoption shall provide the |
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| 50 | 50 | | information under this section not later than the 90th day after the |
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| 51 | 51 | | date the information is requested. |
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| 52 | 52 | | SECTION 3. This Act takes effect September 1, 2023. |
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