Texas 2025 89th Regular

Texas Senate Bill SB500 Analysis / Analysis

Filed 02/06/2025

                    BILL ANALYSIS        Senate Research Center   S.B. 500     89R467 MLH-F   By: Sparks         Health & Human Services         2/6/2025         As Filed        AUTHOR'S / SPONSOR'S STATEMENT OF INTENT   Under current law, prospective adoptive parents must review a child's health, social, educational, and genetic history (HSEGH) report before adoption can proceed. However, delays in providing these records have contributed to longer waiting times for adoption. In 2024, a Department of Family and Protective Services follow-up report revealed that it takes an average of 52-55 days to process these records, with some cases extending over six months. This legislation builds on the foundation laid by S.B. 2009 in the 88th Legislature, which sought to streamline the process by mandating that HSEGH reports be compiled and distributed within 30 days of any change in the adoption plan. S.B. 500 amends the Family Code to set specific deadlines for the provision of these records and reduces the amount of information that needs to be redacted, ensuring that children move out of the foster care system more quickly and the state incurs fewer costs related to foster care.   As proposed, S.B. 500 amends current law relating to access to certain information in the adoption process.   RULEMAKING AUTHORITY   This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.   SECTION BY SECTION ANALYSIS   SECTION 1. Amends Sections 162.005(b) and (c), Family Code, as follows:   (b) Requires the Department of Family and Protective Services (DFPS), a licensed child-placing agency, or a child's parent or guardian, before placing the child for adoption, to 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 Chapter 162 (Adoption).   (c) Requires DFPS to 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 DFPS not later than the 30th day after the date the child's permanency plan is changed to include adoption.   SECTION 2. Amends Section 162.0062, Family Code, by amending Subsection (a) and adding Subsections (a-2) and (a-3), as follows:   (a) Entitles the prospective adoptive parents of a child, except as provided by Subsection (c) (relating to DFPS's authority to provide records and certain other information relating to the history of the child to the prospective adoptive parents after they review the child's history report), 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. Requires DFPS, the licensed child-placing agency, or other person placing the child for adoption to:    (1) redact each social security number from the records and information; and   (2) edit the records and information to protect the identity of the biological parents, any biological siblings adopted by a different family, the adoptive parents of those biological siblings, any person who made a report of abuse or neglect to DFPS or a law enforcement agency, and any person whose identity is confidential under Section 262.308 (Confidentiality). Makes a nonsubstantive change.   (a-2) Requires a prospective adoptive parent to sign a nondisclosure agreement before DFPS, the licensed child-placing agency, or other person placing the child for adoption is authorized to release confidential information under Section 162.0062 (Access to Information).   (a-3) Requires DFPS, the licensed child-placing agency, or other person placing the child for adoption to provide the information under this section not later than the 90th day after the date the information is requested.   SECTION 3. Effective date: September 1, 2025. 

 

BILL ANALYSIS

 

 

Senate Research Center S.B. 500
89R467 MLH-F By: Sparks
 Health & Human Services
 2/6/2025
 As Filed

Senate Research Center

S.B. 500

89R467 MLH-F

By: Sparks

 

Health & Human Services

 

2/6/2025

 

As Filed

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Under current law, prospective adoptive parents must review a child's health, social, educational, and genetic history (HSEGH) report before adoption can proceed. However, delays in providing these records have contributed to longer waiting times for adoption. In 2024, a Department of Family and Protective Services follow-up report revealed that it takes an average of 52-55 days to process these records, with some cases extending over six months. This legislation builds on the foundation laid by S.B. 2009 in the 88th Legislature, which sought to streamline the process by mandating that HSEGH reports be compiled and distributed within 30 days of any change in the adoption plan. S.B. 500 amends the Family Code to set specific deadlines for the provision of these records and reduces the amount of information that needs to be redacted, ensuring that children move out of the foster care system more quickly and the state incurs fewer costs related to foster care.

 

As proposed, S.B. 500 amends current law relating to access to certain information in the adoption process.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Sections 162.005(b) and (c), Family Code, as follows:

 

(b) Requires the Department of Family and Protective Services (DFPS), a licensed child-placing agency, or a child's parent or guardian, before placing the child for adoption, to 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 Chapter 162 (Adoption).

 

(c) Requires DFPS to 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 DFPS not later than the 30th day after the date the child's permanency plan is changed to include adoption.

 

SECTION 2. Amends Section 162.0062, Family Code, by amending Subsection (a) and adding Subsections (a-2) and (a-3), as follows:

 

(a) Entitles the prospective adoptive parents of a child, except as provided by Subsection (c) (relating to DFPS's authority to provide records and certain other information relating to the history of the child to the prospective adoptive parents after they review the child's history report), 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. Requires DFPS, the licensed child-placing agency, or other person placing the child for adoption to: 

 

(1) redact each social security number from the records and information; and

 

(2) edit the records and information to protect the identity of the biological parents, any biological siblings adopted by a different family, the adoptive parents of those biological siblings, any person who made a report of abuse or neglect to DFPS or a law enforcement agency, and any person whose identity is confidential under Section 262.308 (Confidentiality). Makes a nonsubstantive change.

 

(a-2) Requires a prospective adoptive parent to sign a nondisclosure agreement before DFPS, the licensed child-placing agency, or other person placing the child for adoption is authorized to release confidential information under Section 162.0062 (Access to Information).

 

(a-3) Requires DFPS, the licensed child-placing agency, or other person placing the child for adoption to provide the information under this section not later than the 90th day after the date the information is requested.

 

SECTION 3. Effective date: September 1, 2025.