Bill Text: TX HB834 | 2017-2018 | 85th Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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85R1241 MK-D
By: Parker H.B. No. 834

A BILL TO BE ENTITLED
AN ACT
relating to prohibiting certain actions regarding the rehoming 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. UNAUTHORIZED REHOMING OF ADOPTED CHILD;
OFFENSE. (a) In this section, "rehome" means the placement of an
adopted child in the permanent physical custody of a person who is
not the child's relative without prior court approval or the
termination of the parent-child relationship.
(b) Except as otherwise provided by this section, a person
commits an offense if the person knowingly:
(1) rehomes an adopted child; or
(2) facilitates or participates in the rehoming 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, or 43.25, Penal Code.
(d) This section does not apply to:
(1) the placement of an adopted child with a
stepparent, a licensed child-placing agency, or the Department of
Family and Protective Services;
(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; or
(5) the voluntary delivery of an adopted child under
Subchapter D, Chapter 262.
(e) The Department of Family and Protective Services shall
collaborate with local law enforcement to monitor and gather
information on investigations and prosecutions under this section.
SECTION 2. 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:
(1) place a child for adoption;
(2) [or will] provide or obtain a child for adoption;
or
(3) rehome an adopted child.
SECTION 3. Section 25.09(d), Penal Code, is amended by
adding Subdivision (3) to read as follows:
(3) "Rehome" has the meaning assigned by Section
162.026, Family Code.
SECTION 4. 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 5. This Act takes effect September 1, 2017.