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.