BILL ANALYSIS

 

 

Senate Research Center	S.B. 948
85R9478 MM-D	By: Kolkhorst
	Health & Human Services
	3/20/2017
	As Filed

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

The 84th Legislature, Regular Session, 2015, passed H.B. 1781, to authorize the sibling of a child separated by the Department of Family and Protective Services (DFPS) to file an original suit requesting access to their separated sibling, regardless of the age. The court is required to expedite this type of suit.

 

Potential adoptee parents, however, may not be aware of this new right to suit provided by law and the potential legal fees that could be associated if there is a disagreement over access to the child in question. S.B. 948 ensures that potential adoptee parents are notified and informed of an adoptee child's right to suit for access.

 

As proposed, S.B. 948 amends current law relating to certain information provided to prospective adoptive parents by the Department of Family and Protective Services.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Subchapter A, Chapter 162, Family Code, by adding Section 162.0086, as follows:

 

Sec. 162.0086. INFORMATION REGARDING SIBLING ACCESS. (a) Requires the Department of Family and Protective Services (DFPS) to provide information to each person seeking to adopt a child placed for adoption by DFPS regarding the right of a child's sibling to file a suit for access to the child under Sections 102.0045 (Standing for Sibling) and 153.551 (Suit for Access).

 

(b) Authorizes DFPS to provide the required information on any form or application provided to prospective adoptive parents.

 

SECTION 2. Effective date: September 1, 2017.