Bill Text: TX HB834 | 2017-2018 | 85th Legislature | Enrolled
Bill Title: Relating to regulating the custody transfer of an adopted child; creating a criminal offense.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-06-15 - Effective on 9/1/17 [HB834 Detail]
Download: Texas-2017-HB834-Enrolled.html
H.B. No. 834 |
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relating to regulating the custody transfer of an adopted child; | ||
creating a criminal offense. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 162, Family Code, is | ||
amended by adding Section 162.026 to read as follows: | ||
Sec. 162.026. REGULATED CUSTODY TRANSFER OF ADOPTED CHILD. | ||
A parent, managing conservator, or guardian of an adopted child may | ||
not transfer permanent physical custody of the child to any person | ||
who is not a relative or stepparent of the child or an adult who has | ||
a significant and long-standing relationship with the child unless: | ||
(1) the parent, managing conservator, or guardian | ||
files a petition with a court of competent jurisdiction requesting | ||
a transfer of custody; and | ||
(2) the court approves the petition. | ||
SECTION 2. Subchapter G, Chapter 162, Family Code, is | ||
amended by adding Section 162.603 to read as follows: | ||
Sec. 162.603. POST-ADOPTION SUPPORT INFORMATION PROVIDED | ||
BY LICENSED CHILD-PLACING AGENCIES. A licensed child-placing | ||
agency shall provide prospective adoptive parents with information | ||
regarding: | ||
(1) the community services and other resources | ||
available to support a parent who adopts a child; and | ||
(2) the options available to the adoptive parent if | ||
the parent is unable to care for the adopted child. | ||
SECTION 3. Chapter 25, Penal Code, is amended by adding | ||
Section 25.081 to read as follows: | ||
Sec. 25.081. UNREGULATED CUSTODY TRANSFER OF ADOPTED CHILD. | ||
(a) In this section: | ||
(1) "Adopted child" means a person younger than 18 | ||
years of age who was legally adopted through a governmental entity | ||
or through private means | ||
, including a person who is in foster care | ||
or from a foreign country at the time of the adoption. | ||
(2) "Unregulated custody transfer" means the transfer | ||
of the permanent physical custody of an adopted child by the parent, | ||
managing conservator, or guardian of the child without receiving | ||
approval of the transfer by a court as required by Section 162.026, | ||
Family Code. | ||
(b) Except as otherwise provided by this section, a person | ||
commits an offense if the person knowingly: | ||
(1) conducts an unregulated custody transfer of an | ||
adopted child; or | ||
(2) facilitates or participates in the unregulated | ||
custody transfer of an adopted child, including by transferring, | ||
recruiting, harboring, transporting, providing, soliciting, or | ||
obtaining an adopted child for that purpose. | ||
(c) An offense under this section is a felony of the third | ||
degree, except that the offense is a felony of the second degree if | ||
the actor commits the offense with intent to commit an offense under | ||
Section 20A.02, 43.02, 43.05, 43.25, 43.251, or 43.26. | ||
(d) This section does not apply to: | ||
(1) the placement of an adopted child with a licensed | ||
child-placing agency, the Department of Family and Protective | ||
Services, or an adult relative, stepparent, or other adult with a | ||
significant and long-standing relationship to the child; | ||
(2) the placement of an adopted child by a licensed | ||
child-placing agency or the Department of Family and Protective | ||
Services; | ||
(3) the temporary placement of an adopted child by the | ||
child's parent, managing conservator, or guardian for a designated | ||
short-term period with a specified intent and period for return of | ||
the child due to temporary circumstances, including: | ||
(A) a vacation; | ||
(B) a school-sponsored function or activity; or | ||
(C) the incarceration, military service, medical | ||
treatment, or incapacity of the parent, managing conservator, or | ||
guardian; | ||
(4) the placement of an adopted child in another state | ||
in accordance with the requirements of Subchapter B, Chapter 162, | ||
Family Code; or | ||
(5) the voluntary delivery of an adopted child under | ||
Subchapter D, Chapter 262, Family Code. | ||
SECTION 4. Section 25.09(a), Penal Code, is amended to read | ||
as follows: | ||
(a) A person commits an offense if the person advertises in | ||
the public media that the person will place, [ |
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of permanent physical custody of the child. | ||
SECTION 5. The change in law made by this Act to Section | ||
25.09, Penal Code, applies only to an offense committed on or after | ||
the effective date of this Act. An offense committed before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the offense was committed, and the former law is continued in | ||
effect for that purpose. For purposes of this section, an offense | ||
was committed before the effective date of this Act if any element | ||
of the offense was committed before that date. | ||
SECTION 6. This Act takes effect September 1, 2017. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 834 was passed by the House on May 3, | ||
2017, by the following vote: Yeas 147, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 834 on May 20, 2017, by the following vote: Yeas 130, Nays 0, 2 | ||
present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 834 was passed by the Senate, with | ||
amendments, on May 17, 2017, by the following vote: Yeas 30, Nays | ||
0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |