HBA-AMW H.B. 590 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 590
By: Goodman
Juvenile Justice & Family Issues
2/11/2001
Introduced



BACKGROUND AND PURPOSE 

After the removal of a child from a situation involving abuse, neglect, or
other factors, termination of parental rights, and adoption of the child,
additional siblings of the adopted child may become available for adoption.
Providing the adoptive parents the right to be considered first for
adoption of that child's siblings may allow the siblings to remain together
as a family unit.  House Bill 590 sets forth provisions relating to the
notification of adoptive parents of a child of the birth of any subsequent
siblings, the authority of the Department of Protective and Regulatory
Services to refuse to notify an adoptive parent, the right of the adoptive
parents to be considered first for the adoption of an additional sibling,
and the inclusion of certain adoptive parents in the adoptive parent
registry. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Protective and
Regulatory Services in SECTION 1 (Section 162.307, Family Code) of this
bill. 

ANALYSIS

House Bill 590 amends the Family Code to require the Department of
Protective and Regulatory Services (department), in providing postadoption
services, to inform the adoptive parents of any subsequently born
biological sibling of the child who is available for adoption.  The bill
requires the department to make a good faith effort to locate adoptive
parents who are not receiving postadoption services to inform the parents
of the availability for adoption of a subsequently born biological sibling
of the parents' adopted child.  The bill provides that a parent contacted
by the department has the right to be considered first for the adoption of
a child who is the sibling of the parent's child.  The bill also authorizes
the department to refuse to inform a parent only for a reason permitted
under criteria adopted by department rule.  The bill requires the
department to include in the adoptive parent registry the names of adoptive
parents who are willing to accept placement of a subsequently born sibling
of the parents' adopted child and to provide notice to the parents if a
child is available for adoption.   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.