Texas 2025 - 89th Regular

Texas House Bill HB4730 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R15457 AMF-D
2	2	By: Hull H.B. No. 4730
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the voluntary relinquishment of parental rights,
10	10	adoption, and the regulation of child-placing agencies.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 161.103, Family Code, is amended by
13	13	amending Subsections (a) and (e) and adding Subsection (b-1) to
14	14	read as follows:
15	15	(a) An affidavit for voluntary relinquishment of parental
16	16	rights must be:
17	17	(1) on the form adopted by the Department of Family and
18	18	Protective Services under Subsection (b-1);
19	19	(2) signed by the parent, whether or not a minor, whose
20	20	parental rights are to be relinquished on or after the seventh day
21	21	after the date of the birth of the child[, but not before 48 hours
22	22	after the birth of the child, by the parent, whether or not a minor,
23	23	whose parental rights are to be relinquished];
24	24	(3) [(2)] witnessed by two credible persons; and
25	25	(4) [(3)] verified before a person authorized to take
26	26	oaths.
27	27	(b-1) The Department of Family and Protective Services
28	28	shall adopt and make available on the department's publicly
29	29	accessible Internet website a form to be used for an affidavit for
30	30	voluntary relinquishment of parental rights. The form must include
31	31	an explanation of:
32	32	(1) the circumstances under which an affidavit for
33	33	voluntary relinquishment of parental rights may be revoked and
34	34	procedures for revocation; and
35	35	(2) the parent's right to:
36	36	(A) seek child support if the parent chooses to
37	37	not relinquish the parent's rights;
38	38	(B) consider alternatives to adoption, including
39	39	kinship care or temporary assistance;
40	40	(C) apply for and potentially receive government
41	41	benefits;
42	42	(D) consult with an attorney before signing the
43	43	affidavit;
44	44	(E) seek counseling regarding adoption and
45	45	relinquishment of parental rights;
46	46	(F) receive information regarding post-adoption
47	47	contact agreements;
48	48	(G) request non-identifying information
49	49	regarding prospective adoptive parents, including general
50	50	demographic information and information regarding lifestyle and
51	51	values;
52	52	(H) receive a copy of each signed document
53	53	related to the relinquishment of parental rights, including the
54	54	affidavit and any adoption agreement;
55	55	(I) receive any medical record or genetic
56	56	screening information related to the child before relinquishment;
57	57	and
58	58	(J) register with a mutual consent voluntary
59	59	adoption registry established under Subchapter E, Chapter 162,
60	60	including the central registry established and maintained by the
61	61	vital statistics unit.
62	62	(e) The relinquishment in an affidavit that designates the
63	63	Department of Family and Protective Services or a licensed
64	64	child-placing agency to serve as the managing conservator is
65	65	irrevocable. A relinquishment in any other affidavit of
66	66	relinquishment is revocable [unless it expressly provides that it
67	67	is irrevocable] for [a stated period of time not to exceed] 60 days
68	68	after the date of its execution.
69	69	SECTION 2. Subchapter A, Chapter 162, Family Code, is
70	70	amended by adding Section 162.0063 to read as follows:
71	71	Sec. 162.0063. NOTICE OF RIGHTS FOR PROSPECTIVE ADOPTIVE
72	72	PARENTS. (a) In this section, "department" means the Department of
73	73	Family and Protective Services.
74	74	(b) The department shall adopt and make available on its
75	75	publicly accessible Internet website a form to notify a prospective
76	76	adoptive parent of the parent's rights related to adoption. The
77	77	form must include an explanation of an adoptive parent's right to:
78	78	(1) know the location and conditions of the child's
79	79	birth, including any drugs administered to the child or the child's
80	80	mother during birth;
81	81	(2) examine the records and other information relating
82	82	to the history of the child under Section 162.0062, including
83	83	prenatal records and genetic screening records;
84	84	(3) be informed of any legal risks related to the
85	85	prospective adoption, including pending paternity claims or other
86	86	contests;
87	87	(4) receive copies of all legal documents related to
88	88	the adoption;
89	89	(5) request non-identifying information regarding the
90	90	biological parents and any biological siblings of the child,
91	91	including general demographic information;
92	92	(6) seek access to post-adoption resources, including
93	93	counseling, legal assistance, and support groups; and
94	94	(7) receive an itemized list of each cost associated
95	95	with an adoption.
96	96	(c) The department, a licensed child-placing agency, or
97	97	other person placing a child for adoption shall provide the notice
98	98	adopted under this section to a prospective adoptive parent.
99	99	SECTION 3. Section 42.042(h-1), Human Resources Code, is
100	100	amended to read as follows:
101	101	(h-1) The executive commissioner shall adopt rules
102	102	governing:
103	103	(1) the placement and care of children by a
104	104	child-placing agency, as necessary to ensure the health and safety
105	105	of those children;
106	106	(2) the verification and monitoring of agency foster
107	107	homes and adoptive homes by a child-placing agency; [and]
108	108	(3) minimum training standards for an employee,
109	109	director, or operator of a child-placing agency;
110	110	(4) annual compliance reporting by child-placing
111	111	agencies;
112	112	(5) random audits of child-placing agencies to ensure
113	113	compliance with training standards and licensing requirements;
114	114	(6) procedures for the filing of a complaint against a
115	115	child-placing agency; and
116	116	(7) if appropriate, child-placing agency staffing
117	117	levels, office locations, and administration.
118	118	SECTION 4. The heading to Section 42.0421, Human Resources
119	119	Code, is amended to read as follows:
120	120	Sec. 42.0421. MINIMUM TRAINING STANDARDS: REGULATED CHILD
121	121	CARE FACILITY.
122	122	SECTION 5. Subchapter C, Chapter 42, Human Resources Code,
123	123	is amended by adding Section 42.04211 to read as follows:
124	124	Sec. 42.04211. MINIMUM TRAINING STANDARDS: CHILD-PLACING
125	125	AGENCY. The minimum training standards prescribed by the executive
126	126	commissioner under Section 42.042(h-1) must require an employee,
127	127	director, or operator of a child-placing agency to receive training
128	128	regarding parental rights of adoptive parents and procedures for
129	129	the relinquishment of parental rights.
130	130	SECTION 6. (a) As soon as practicable after the effective
131	131	date of this Act but not later than March 1, 2026, the Department of
132	132	Family and Protective Services shall adopt the forms required by
133	133	Sections 161.103(b-1) and 162.0063(b), Family Code, as added by
134	134	this Act.
135	135	(b) Section 161.103, Family Code, as amended by this Act,
136	136	applies only to the relinquishment of parental rights to a child
137	137	born on or after March 1, 2026.
138	138	(c) Section 162.0063(c), Family Code, as added by this Act,
139	139	applies beginning with adoption placement services provided on or
140	140	after March 1, 2026.
141	141	SECTION 7. As soon as practicable after the effective date
142	142	of this Act but not later than January 1, 2026, the executive
143	143	commissioner of the Health and Human Services Commission shall
144	144	adopt rules as required by Section 42.042(h-1), Human Resources
145	145	Code, as amended by this Act.
146	146	SECTION 8. This Act takes effect September 1, 2025.