Bill Text: TX HB461 | 2023-2024 | 88th Legislature | Enrolled
Bill Title: Relating to a waiver of the requirement for the performance of an adoption evaluation in certain suits for adoption.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2023-06-13 - Effective on 9/1/23 [HB461 Detail]
Download: Texas-2023-HB461-Enrolled.html
H.B. No. 461 |
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relating to a waiver of the requirement for the performance of an | ||
adoption evaluation in certain suits for adoption. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 107.153, Family Code, is amended by | ||
amending Subsections (a) and (e) and adding Subsection (a-1) to | ||
read as follows: | ||
(a) Except as provided by Subsection (a-1), the [ |
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shall order the performance of an adoption evaluation to evaluate | ||
each party who requests termination of the parent-child | ||
relationship or an adoption in a suit for: | ||
(1) termination of the parent-child relationship in | ||
which a person other than a parent may be appointed managing | ||
conservator of a child; or | ||
(2) an adoption. | ||
(a-1) In a suit for adoption that is uncontested, the court | ||
may waive the requirement under Subsection (a) for the performance | ||
of an adoption evaluation of the prospective adoptive parent if: | ||
(1) the prospective adoptive parent is a stepparent of | ||
the child; and | ||
(2) the court has reviewed investigative records of | ||
the department and any criminal history record information | ||
maintained by the Department of Public Safety relating to the | ||
prospective adoptive parent. | ||
(e) The costs of conducting an adoption evaluation required | ||
under Subsection (a) or reviewing investigative records of the | ||
department and criminal history record information maintained by | ||
the Department of Public Safety under Subsection (a-1), as | ||
applicable, [ |
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adoptive parent. | ||
SECTION 2. Section 162.003, Family Code, is amended to read | ||
as follows: | ||
Sec. 162.003. ADOPTION EVALUATION. In a suit for adoption, | ||
an adoption evaluation must be conducted as provided in Chapter | ||
107, unless the court waives the requirement for the performance of | ||
an adoption evaluation under Section 107.153(a-1). | ||
SECTION 3. The change in law made by this Act applies only | ||
to a suit for adoption that is pending in trial court on the | ||
effective date of this Act or filed on or after the effective date | ||
of this Act. | ||
SECTION 4. This Act takes effect September 1, 2023. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 461 was passed by the House on May 6, | ||
2023, by the following vote: Yeas 133, Nays 1, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 461 was passed by the Senate on May | ||
24, 2023, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |