Bill Text: TX HB871 | 2017-2018 | 85th Legislature | Enrolled


Bill Title: Relating to child and family support services for families in crisis, including authorization agreements.

Spectrum: Strong Partisan Bill (Republican 10-1)

Status: (Passed) 2017-05-29 - Effective on 9/1/17 [HB871 Detail]

Download: Texas-2017-HB871-Enrolled.html
 
 
  H.B. No. 871
 
 
 
 
AN ACT
  relating to child and family support services for families in
  crisis, including authorization agreements.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 34, Family Code, is
  amended to read as follows:
  CHAPTER 34. AUTHORIZATION AGREEMENT FOR NONPARENT ADULT CAREGIVER
  [RELATIVE]
         SECTION 2.  Section 34.0015, Family Code, is amended to read
  as follows:
         Sec. 34.0015.  DEFINITIONS [DEFINITION]. In this chapter:
               (1)  "Adult caregiver" means an adult person whom a
  parent has authorized to provide temporary care for a child under
  this chapter.
               (2)  "Parent"[, "parent"] has the meaning assigned by
  Section 101.024.
         SECTION 3.  Sections 34.002(a) and (c), Family Code, are
  amended to read as follows:
         (a)  A parent or both parents of a child may enter into an
  authorization agreement with an adult caregiver [a relative of the
  child listed in Section 34.001] to authorize the adult caregiver
  [relative] to perform the following acts in regard to the child:
               (1)  to authorize medical, dental, psychological, or
  surgical treatment and immunization of the child, including
  executing any consents or authorizations for the release of
  information as required by law relating to the treatment or
  immunization;
               (2)  to obtain and maintain health insurance coverage
  for the child and automobile insurance coverage for the child, if
  appropriate;
               (3)  to enroll the child in a day-care program or
  preschool or in a public or private elementary or secondary school;
               (4)  to authorize the child to participate in
  age-appropriate extracurricular, civic, social, or recreational
  activities, including athletic activities;
               (5)  to authorize the child to obtain a learner's
  permit, driver's license, or state-issued identification card;
               (6)  to authorize employment of the child; and
               (7)  to apply for and receive public benefits on behalf
  of the child.
         (c)  An authorization agreement under this chapter does not
  confer on an adult caregiver [a relative of the child listed in
  Section 34.001 or a relative or other person with whom the child is
  placed under a child safety placement agreement] the right to
  authorize the performance of an abortion on the child or the
  administration of emergency contraception to the child.
         SECTION 4.  Section 34.0021, Family Code, is amended to read
  as follows:
         Sec. 34.0021.  AUTHORIZATION AGREEMENT BY PARENT IN CHILD
  PROTECTIVE SERVICES CASE.  A parent may enter into an authorization
  agreement with an adult caregiver [a relative or other person] with
  whom a child is placed under a parental child safety placement
  agreement approved by the Department of Family and Protective
  Services to allow the person to perform the acts described by
  Section 34.002(a) with regard to the child:
               (1)  during an investigation of abuse or neglect; or
               (2)  while the department is providing services to the
  parent.
         SECTION 5.  Chapter 34, Family Code, is amended by adding
  Section 34.0022 to read as follows:
         Sec. 34.0022.  INAPPLICABILITY OF CERTAIN LAWS. (a) An
  authorization agreement executed under this chapter between a
  child's parent and an adult caregiver does not subject the adult
  caregiver to any law or rule governing the licensing or regulation
  of a residential child-care facility under Chapter 42, Human
  Resources Code.
         (b)  A child who is the subject of an authorization agreement
  executed under this chapter is not considered to be placed in foster
  care and the parties to the authorization agreement are not subject
  to any law or rule governing foster care providers.
         SECTION 6.  Section 34.003, Family Code, is amended to read
  as follows:
         Sec. 34.003.  CONTENTS OF AUTHORIZATION AGREEMENT.  (a)  The
  authorization agreement must contain:
               (1)  the following information from the adult caregiver
  [relative of the child to whom the parent is giving authorization]:
                     (A)  the name and signature of the adult caregiver
  [relative];
                     (B)  the adult caregiver's [relative's]
  relationship to the child; and
                     (C)  the adult caregiver's [relative's] current
  physical address and telephone number or the best way to contact the
  adult caregiver [relative];
               (2)  the following information from the parent:
                     (A)  the name and signature of the parent; and
                     (B)  the parent's current address and telephone
  number or the best way to contact the parent;
               (3)  the information in Subdivision (2) with respect to
  the other parent, if applicable;
               (4)  a statement that the adult caregiver [relative]
  has been given authorization to perform the functions listed in
  Section 34.002(a) as a result of a voluntary action of the parent
  and that the adult caregiver [relative] has voluntarily assumed the
  responsibility of performing those functions;
               (5)  statements that neither the parent nor the adult
  caregiver [relative] has knowledge that a parent, guardian,
  custodian, licensed child-placing agency, or other authorized
  agency asserts any claim or authority inconsistent with the
  authorization agreement under this chapter with regard to actual
  physical possession or care, custody, or control of the child;
               (6)  statements that:
                     (A)  to the best of the parent's and adult
  caregiver's [relative's] knowledge:
                           (i)  there is no court order or pending suit
  affecting the parent-child relationship concerning the child;
                           (ii)  there is no pending litigation in any
  court concerning:
                                 (a)  custody, possession, or placement
  of the child; or
                                 (b)  access to or visitation with the
  child; and
                           (iii)  the court does not have continuing
  jurisdiction concerning the child; or
                     (B)  the court with continuing jurisdiction
  concerning the child has given written approval for the execution
  of the authorization agreement accompanied by the following
  information:
                           (i)  the county in which the court is
  located;
                           (ii)  the number of the court; and
                           (iii)  the cause number in which the order
  was issued or the litigation is pending;
               (7)  a statement that to the best of the parent's and
  adult caregiver's [relative's] knowledge there is no current, valid
  authorization agreement regarding the child;
               (8)  a statement that the authorization is made in
  conformance with this chapter;
               (9)  a statement that the parent and the adult
  caregiver [relative] understand that each party to the
  authorization agreement is required by law to immediately provide
  to each other party information regarding any change in the party's
  address or contact information;
               (10)  a statement by the parent that:
                     (A)  indicates the authorization agreement is for
  a term of:
                           (i)  six months from the date the parties
  enter into the agreement, which renews automatically for six-month
  terms unless the agreement is terminated as provided by Section
  34.008; or
                           (ii)  the time provided in the agreement
  with a specific expiration date earlier than six months after the
  date the parties enter into the agreement; and
                     (B)  identifies [establishes] the circumstances
  under which the authorization agreement may be:
                           (i)  terminated as provided by Section
  34.008 before the term of the agreement expires; or
                           (ii)  continued beyond the term of the
  agreement by a court as provided by Section 34.008(b) [expires,
  including that the authorization agreement:
                     [(A)  is valid until revoked;
                     [(B)     continues in effect after the death or
  during any incapacity of the parent; or
                     [(C)     expires on a date stated in the
  authorization agreement]; and
               (11)  space for the signature and seal of a notary
  public.
         (b)  The authorization agreement must contain the following
  warnings and disclosures:
               (1)  that the authorization agreement is an important
  legal document;
               (2)  that the parent and the adult caregiver [relative]
  must read all of the warnings and disclosures before signing the
  authorization agreement;
               (3)  that the persons signing the authorization
  agreement are not required to consult an attorney but are advised to
  do so;
               (4)  that the parent's rights as a parent may be
  adversely affected by placing or leaving the parent's child with
  another person;
               (5)  that the authorization agreement does not confer
  on the adult caregiver [relative] the rights of a managing or
  possessory conservator or legal guardian;
               (6)  that a parent who is a party to the authorization
  agreement may terminate the authorization agreement and resume
  custody, possession, care, and control of the child on demand and
  that at any time the parent may request the return of the child;
               (7)  that failure by the adult caregiver [relative] to
  return the child to the parent immediately on request may have
  criminal and civil consequences;
               (8)  that, under other applicable law, the adult
  caregiver [relative] may be liable for certain expenses relating to
  the child in the adult caregiver's [relative's] care but that the
  parent still retains the parental obligation to support the child;
               (9)  that, in certain circumstances, the authorization
  agreement may not be entered into without written permission of the
  court;
               (10)  that the authorization agreement may be
  terminated by certain court orders affecting the child;
               (11)  that the authorization agreement does not
  supersede, invalidate, or terminate any prior authorization
  agreement regarding the child;
               (12)  that the authorization agreement is void if a
  prior authorization agreement regarding the child is in effect and
  has not expired or been terminated;
               (13)  that, except as provided by Section 34.005(a-1),
  the authorization agreement is void unless:
                     (A)  the parties mail a copy of the authorization
  agreement by certified mail, return receipt requested, or
  international registered mail, return receipt requested, as
  applicable, to a parent who was not a party to the authorization
  agreement, if the parent is living and the parent's parental rights
  have not been terminated, not later than the 10th day after the date
  the authorization agreement is signed; and
                     (B)  if the parties do not receive a response from
  the parent who is not a party to the authorization agreement before
  the 20th day after the date the copy of the authorization agreement
  is mailed under Paragraph (A), the parties mail a second copy of the
  authorization agreement by first class mail or international first
  class mail, as applicable, to the parent not later than the 45th day
  after the date the authorization agreement is signed; and
               (14)  that the authorization agreement does not confer
  on an adult caregiver [a relative of the child] the right to
  authorize the performance of an abortion on the child or the
  administration of emergency contraception to the child.
         SECTION 7.  Section 34.004(a), Family Code, is amended to
  read as follows:
         (a)  The authorization agreement must be signed and sworn to
  before a notary public by the parent and the adult caregiver
  [relative].
         SECTION 8.  Section 34.007(b), Family Code, is amended to
  read as follows:
         (b)  The authorization agreement does not affect the rights
  of the child's parent or legal guardian regarding the care,
  custody, and control of the child, and does not mean that the adult
  caregiver [relative] has legal custody of the child.
         SECTION 9.  Chapter 34, Family Code, is amended by adding
  Section 34.0075 to read as follows:
         Sec. 34.0075.  TERM OF AUTHORIZATION AGREEMENT. An
  authorization agreement executed under this chapter is for a term
  of six months from the date the parties enter into the agreement and
  renews automatically for six-month terms unless:
               (1)  an earlier expiration date is stated in the
  authorization agreement; 
               (2)  the authorization agreement is terminated as
  provided by Section 34.008; or
               (3)  a court authorizes the continuation of the
  agreement as provided by Section 34.008(b). 
         SECTION 10.  Section 34.008(c), Family Code, is amended to
  read as follows:
         (c)  An authorization agreement under this chapter
  terminates on written revocation by a party to the authorization
  agreement if the party:
               (1)  gives each party written notice of the revocation;
               (2)  files the written revocation with the clerk of the
  county in which:
                     (A)  the child resides;
                     (B)  the child resided at the time the
  authorization agreement was executed; or
                     (C)  the adult caregiver [relative] resides; and
               (3)  files the written revocation with the clerk of
  each court:
                     (A)  that has continuing, exclusive jurisdiction
  over the child;
                     (B)  in which there is a court order or pending
  suit affecting the parent-child relationship concerning the child;
                     (C)  in which there is pending litigation
  concerning:
                           (i)  custody, possession, or placement of
  the child; or
                           (ii)  access to or visitation with the
  child; or
                     (D)  that has entered an order regarding the
  appointment of a guardian for the child under Subchapter B, Chapter
  1104, Estates [Section 676, Texas Probate] Code.
         SECTION 11.  Subchapter C, Chapter 264, Family Code, is
  amended by adding Sections 264.2042 and 264.2043 to read as
  follows:
         Sec. 264.2042.  NONPROFIT ORGANIZATIONS PROVIDING CHILD AND
  FAMILY SERVICES. (a)  The department shall cooperate with
  nonprofit organizations, including faith-based organizations, in
  providing information to families in crisis regarding child and
  family services, including respite care, voluntary guardianship,
  and other support services, available in the child's community.
         (b)  The department does not incur any obligation as a result
  of providing information as required by Subsection (a).
         (c)  The department is not liable for damages arising out of
  the provision of information as required by Subsection (a).
         Sec. 264.2043.  PROHIBITION ON ABUSE OR NEGLECT
  INVESTIGATION BASED SOLELY ON REQUEST FOR INFORMATION. The
  department may not initiate an investigation of child abuse or
  neglect based solely on a request submitted to the department by a
  child's parent for information relating to child and family
  services available to families in crisis.
         SECTION 12.  Section 42.041(b), Human Resources Code, is
  amended to read as follows:
         (b)  This section does not apply to:
               (1)  a state-operated facility;
               (2)  an agency foster home or agency foster group home;
               (3)  a facility that is operated in connection with a
  shopping center, business, religious organization, or
  establishment where children are cared for during short periods
  while parents or persons responsible for the children are attending
  religious services, shopping, or engaging in other activities,
  including retreats or classes for religious instruction, on or near
  the premises, that does not advertise as a child-care facility or
  day-care center, and that informs parents that it is not licensed by
  the state;
               (4)  a school or class for religious instruction that
  does not last longer than two weeks and is conducted by a religious
  organization during the summer months;
               (5)  a youth camp licensed by the Department of State
  Health Services;
               (6)  a facility licensed, operated, certified, or
  registered by another state agency;
               (7)  an educational facility that is accredited by the
  Texas Education Agency, the Southern Association of Colleges and
  Schools, or an accreditation body that is a member of the Texas
  Private School Accreditation Commission and that operates
  primarily for educational purposes for prekindergarten and above, a
  before-school or after-school program operated directly by an
  accredited educational facility, or a before-school or
  after-school program operated by another entity under contract with
  the educational facility, if the Texas Education Agency, the
  Southern Association of Colleges and Schools, or the other
  accreditation body, as applicable, has approved the curriculum
  content of the before-school or after-school program operated under
  the contract;
               (8)  an educational facility that operates solely for
  educational purposes for prekindergarten through at least grade
  two, that does not provide custodial care for more than one hour
  during the hours before or after the customary school day, and that
  is a member of an organization that promulgates, publishes, and
  requires compliance with health, safety, fire, and sanitation
  standards equal to standards required by state, municipal, and
  county codes;
               (9)  a kindergarten or preschool educational program
  that is operated as part of a public school or a private school
  accredited by the Texas Education Agency, that offers educational
  programs through grade six, and that does not provide custodial
  care during the hours before or after the customary school day;
               (10)  a family home, whether registered or listed;
               (11)  an educational facility that is integral to and
  inseparable from its sponsoring religious organization or an
  educational facility both of which do not provide custodial care
  for more than two hours maximum per day, and that offers an
  educational program in one or more of the following:
  prekindergarten through at least grade three, elementary grades, or
  secondary grades;
               (12)  an emergency shelter facility, other than a
  facility that would otherwise require a license as a child-care
  facility under this section, that provides shelter or care to a
  minor and the minor's child or children, if any, under Section
  32.201, Family Code, if the facility:
                     (A)  is currently under a contract with a state or
  federal agency; or
                     (B)  meets the requirements listed under Section
  51.005(b)(3);
               (13)  a juvenile detention facility certified under
  Section 51.12, Family Code, a juvenile correctional facility
  certified under Section 51.125, Family Code, a juvenile facility
  providing services solely for the Texas Juvenile Justice
  Department, or any other correctional facility for children
  operated or regulated by another state agency or by a political
  subdivision of the state;
               (14)  an elementary-age (ages 5-13) recreation program
  operated by a municipality provided the governing body of the
  municipality annually adopts standards of care by ordinance after a
  public hearing for such programs, that such standards are provided
  to the parents of each program participant, and that the ordinances
  shall include, at a minimum, staffing ratios, minimum staff
  qualifications, minimum facility, health, and safety standards,
  and mechanisms for monitoring and enforcing the adopted local
  standards; and further provided that parents be informed that the
  program is not licensed by the state and the program may not be
  advertised as a child-care facility;
               (15)  an annual youth camp held in a municipality with a
  population of more than 1.5 million that operates for not more than
  three months and that has been operated for at least 10 years by a
  nonprofit organization that provides care for the homeless;
               (16)  a food distribution program that:
                     (A)  serves an evening meal to children two years
  of age or older; and
                     (B)  is operated by a nonprofit food bank in a
  nonprofit, religious, or educational facility for not more than two
  hours a day on regular business days;
               (17)  a child-care facility that operates for less than
  three consecutive weeks and less than 40 days in a period of 12
  months;
               (18)  a program:
                     (A)  in which a child receives direct instruction
  in a single skill, talent, ability, expertise, or proficiency;
                     (B)  that does not provide services or offerings
  that are not directly related to the single talent, ability,
  expertise, or proficiency;
                     (C)  that does not advertise or otherwise
  represent that the program is a child-care facility, day-care
  center, or licensed before-school or after-school program or that
  the program offers child-care services;
                     (D)  that informs the parent or guardian:
                           (i)  that the program is not licensed by the
  state; and
                           (ii)  about the physical risks a child may
  face while participating in the program; and
                     (E)  that conducts background checks for all
  program employees and volunteers who work with children in the
  program using information that is obtained from the Department of
  Public Safety;
               (19)  an elementary-age (ages 5-13) recreation program
  that:
                     (A)  adopts standards of care, including
  standards relating to staff ratios, staff training, health, and
  safety;
                     (B)  provides a mechanism for monitoring and
  enforcing the standards and receiving complaints from parents of
  enrolled children;
                     (C)  does not advertise as or otherwise represent
  the program as a child-care facility, day-care center, or licensed
  before-school or after-school program or that the program offers
  child-care services;
                     (D)  informs parents that the program is not
  licensed by the state;
                     (E)  is organized as a nonprofit organization or
  is located on the premises of a participant's residence;
                     (F)  does not accept any remuneration other than a
  nominal annual membership fee;
                     (G)  does not solicit donations as compensation or
  payment for any good or service provided as part of the program; and
                     (H)  conducts background checks for all program
  employees and volunteers who work with children in the program
  using information that is obtained from the Department of Public
  Safety;
               (20)  a living arrangement in a caretaker's home
  involving one or more children or a sibling group, excluding
  children who are related to the caretaker, in which the caretaker:
                     (A)  had a prior relationship with the child or
  sibling group or other family members of the child or sibling group;
                     (B)  does not care for more than one unrelated
  child or sibling group;
                     (C)  does not receive compensation or solicit
  donations for the care of the child or sibling group; and
                     (D)  has a written agreement with the parent to
  care for the child or sibling group;
               (21)  a living arrangement in a caretaker's home
  involving one or more children or a sibling group, excluding
  children who are related to the caretaker, in which:
                     (A)  the department is the managing conservator of
  the child or sibling group;
                     (B)  the department placed the child or sibling
  group in the caretaker's home; and
                     (C)  the caretaker had a long-standing and
  significant relationship with the child or sibling group before the
  child or sibling group was placed with the caretaker;
               (22)  a living arrangement in a caretaker's home
  involving one or more children or a sibling group, excluding
  children who are related to the caretaker, in which the child is in
  the United States on a time-limited visa under the sponsorship of
  the caretaker or of a sponsoring organization; [or]
               (23)  a facility operated by a nonprofit organization
  that:
                     (A)  does not otherwise operate as a child-care
  facility that is required to be licensed under this section;
                     (B)  provides emergency shelter and care for not
  more than 15 days to children 13 years of age or older but younger
  than 18 years of age who are victims of human trafficking alleged
  under Section 20A.02, Penal Code;
                     (C)  is located in a municipality with a
  population of at least 600,000 that is in a county on an
  international border; and
                     (D)  meets one of the following criteria:
                           (i)  is licensed by, or operates under an
  agreement with, a state or federal agency to provide shelter and
  care to children; or
                           (ii)  meets the eligibility requirements for
  a contract under Section 51.005(b)(3); or
               (24)  a living arrangement in a caretaker's home
  involving one or more children or a sibling group in which the
  caretaker:
                     (A)  has a written authorization agreement under
  Chapter 34, Family Code, with the parent of each child or sibling
  group to care for each child or sibling group;
                     (B)  does not care for more than six children,
  excluding children who are related to the caretaker; and
                     (C)  does not receive compensation for caring for
  any child or sibling group.
         SECTION 13.  Sections 34.001 and 34.008(d), Family Code, are
  repealed.
         SECTION 14.  This Act takes effect September 1, 2017.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 871 was passed by the House on April
  20, 2017, by the following vote:  Yeas 144, Nays 0, 2 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 871 was passed by the Senate on May
  19, 2017, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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