HBA-LCA C.S.H.B. 3270 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3270
By: Goodman
Juvenile Justice & Family Issues
4/1/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Some children in the care of the Texas Department of Protective and
Regulatory Services (department) face delays in achieving permanent
adoption. C.S.H.B. 3270: 

_reduces the state's requirements for the editing of adoption records, if a
child or an adoptive sibling of the child is of at least seven years of age
at the time of the adoption; 
_centralizes funding to pay for private adoption agencies and encourages
greater use of such agencies; 
_requires the department to pay for certain services for children up to the
age of 21; 
_requires the department to provide support services to families after
adoption; 
_requires more intensive recruitment efforts for potential adoptive
families;  
_requires a coordinated adoption efforts program in one rural and one
metropolitan area of the state; and  
_revises policies for the relinquishment of a child placed in adoption
under certain conditions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 162.018, Family Code, by amending Subsection (b)
and adding Subsection (e), as follows: 

(b)  Provides that except as provided by Subsection (e), the adoptive
parents and adopted child, after the child is an adult, are entitled to
receive copies of records that have been edited to protect the identity of
the biological parents and any other person whose identify is confidential
and other information relating to the history of the child maintained by
the Department of Protective and Regulatory Services (department), licensed
child-placing agency, person, or entity placing the child for adoption. 

(e)  Provides that the adoptive parents of a child or of children who are
siblings may receive unedited records or information relating to the
history of the child or children that are maintained by the department if
the child or one of the adopted siblings of the child is at least seven
years of age at the time of adoption unless the records are sealed by court
order. 

SECTION 2.  Amends Section 162.304, Family Code, by adding Subsection (f)
to authorize adoption subsidy payments for a child with a mental or
physical disability through the end of high school or vocational school,
but no later than the child's 21st birthday. 

SECTION 3.  Amends Subchapter C, Chapter 264, Family Code, by adding
Section 264.204, as follows: 

Sec. 264.204.  PRIORITY FOR DIFFICULT-TO-PLACE CHILDREN.  Requires the
department to give priority to difficult-to-place children. 
 
SECTION. 4.  Amends Subchapter C, Chapter 264, Family Code, by adding
Section 264.2065, as follows: 

Sec. 264.2065.  RECRUITING ADOPTIVE FAMILIES.  Requires the department to
attempt to increase the number of potential adoptive families through
engaging in activities which may include advertising for adoptive parents,
conducting seminars and conferences, and promoting partnerships with
churches and civic organizations to recruit potential adoptive parents.
Requires the department to enter contracts with licensed child-placing
agencies (agencies), and to provide them with the names of potential
adoptive parents and adoptable children. 

SECTION 5.  Amends Section 264.207(b), Family Code, to require the
department to centralize funding used to pay agencies as part of its goals,
and to make a conforming change.  

SECTION 6.   Amends Subchapter C, Chapter 264, Family Code, by adding
Section 264.208, as follows: 

Sec. 264.208.  COOPERATION WITH LICENSED CHILD-PLACING AGENCIES.  (a)
Requires the department to use licensed child-placing agencies to assist in
placing children. Authorizes an agency to perform an adoptive home
screening, social study, or health, social, educational, and genetic
history or any other function to assist the department in expediting the
adoption process. 

(b)  Requires the department to cooperate with licensed child-placing
agencies by forming advisory groups, creating a formal communication and
complaint system, sharing information, and taking other necessary actions. 

SECTION 7.  (a)  Requires the department to expand its permanency achieved
through a coordinated efforts program to one metropolitan area and one
rural area of the state. 

(b)  Requires the department to expand its policies designed to promote the
adoption of difficult-to-place children throughout the state.  

(c)  Requires the department to expand its policy under which an adoptive
parent may voluntarily relinquish to the department a child having special
needs for which that parent is unable to provide adequate care. 

SECTION 8.  Effective date:  September 1, 1999.

SECTION 9.  Emergency clause.

COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute modifies the original in SECTION 1 by changing proposed
Section 162.018(e), Family Code (Access to Information),  to include an
exception concerning records sealed by a court order and also a reference
to adoptive siblings in the provision for parental access to unedited
adoption records after an adopted child or sibling reaches seven years of
age. 

SECTION 2 of the substitute amends Section 162.304, Family Code (Financial
and Medical Assistance), which did not appear in the original, by adding
Subsection (f) to provide for adoption subsidy payments.   

The proposed language in SECTION 2 of the original, which amended Section
162.305, Family Code (Funds) to require the centralizing of funding, has
been redesignated to SECTION 5 of the substitute, where it is now added as
new Subdivison (12) of Section 264.207(b), Family Code, concerning certain
duties of the Department of Protective and Regulatory Services
(department). 

SECTION 3 of the substitute, relating to placement priority, amends
Subchapter C, Chapter 264,  Family Code by adding Section 264.204 (Priority
for Difficult-to-Place Children). 

SECTION 3 of the original amended Subchapter D, Chapter 162, Family Code
(Adoption), by adding Section 162.310 (Cooperation With Licensed
Child-Placement Agencies).  In the substitute, the same proposed language
is redesignated to SECTION 6, where it is added to Subchapter C, Chapter
264, Family Code language. 

SECTION 4 of the substitute is redesignated from SECTION 6 of the original.

SECTION 7 of the substitute modifies proposed language in the original by
requiring the department's coordinated efforts program to expand to one
metropolitan area and one rural area, rather than two metropolitan areas.