HBA-LCA H.B. 3270 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3270 By: Goodman Juvenile Justice & Family Issues 3/28/1999 Introduced BACKGROUND AND PURPOSE Some children in the care of the Texas Department of Protective and Regulatory Services (department) face delays in achieving permanent adoption. H.B. 3270: _reduces the state's requirements for the editing of adoption records, if a 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 two metropolitan areas 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) Entitles the adoptive parents of a child who is at least seven years old at the time of the adoption to receive unedited copies of records and other information relating to the history of the child maintained by the department, licensed child-placing agency, person, or entity placing the child for adoption. SECTION 2. Amends Section 162.305, Family Code, to require the department to centralize funding to pay licensed child-placing agencies. SECTION 3. Amends Subchapter D, Chapter 162, Family Code, by adding Section 162.310, as follows: Sec. 162.310. 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 4. Amends Subchapter B, Chapter 264, Family Code, by adding Section 264.113, as follows: Sec. 264.113. EDUCATIONAL SERVICES. (a) Requires the department to provide educational services for a child in substitute care, and if the child qualifies for federal funding, to provide educational and other services to the child until the child reaches 21 years of age. (b) Requires the department to establish work groups with school districts and other entities to develop an educational plan for a child in the department's care. Provides that the goal of the educational plan is to ensure that the child graduates from high school and is prepared for adult responsibilities. (c) Authorizes the court to assign a court-appointed volunteer advocate to represent the child's interest in an educational planning meeting. SECTION 5. Amends Section 264.201, Family Code, by adding Subsection (e), to require the department to provide services to a difficult-to-place child and the child's adoptive family after adoption to ensure a successful adoption as required by Section 162.306 (Postadoption Services), Family Code. SECTION 6. 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. Requires the department to advertise for adoptive parents, conduct seminars and conferences, and promote partnerships with churches and civic organizations to recruit potential adoptive parents. Requires the department to provide licensed child-placing agencies with the names of potential adoptive parents and adoptable children. SECTION 7. Requires the department to expand its permanency achieved through a coordinated efforts program to two metropolitan areas of the state, and to expand its policies designed to promote the adoption of more difficult-to-place children throughout the state. 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.