85R18692 MCK-F     By: Roberts, Frank, Miller, Wu, Klick, H.B. No. 871       et al.     Substitute the following for H.B. No. 871:     By:  Wu C.S.H.B. No. 871       A BILL TO BE ENTITLED   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.