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Sec. 162.304.  FINANCIAL AND MEDICAL ASSISTANCE.  (a)  The department shall enter into adoption assistance agreements with the adoptive parents of a child as authorized by Part E of Title IV of the federal Social Security Act, as amended (42 U.S.C. Section 673).

(b)  The adoption of a child may be subsidized by the department.  The need for and amount of the subsidy shall be determined by the department under its rules.

(b-1)  The department shall pay a $150 subsidy each month for the premiums for health benefits coverage for a child with respect to whom a court has entered a final order of adoption if the child:

(1)  was in the conservatorship of the department at the time of the child’s adoptive placement;

(2)  after the adoption, is not eligible for medical assistance under Chapter 32, Human Resources Code; and

(3)  is younger than 18 years of age.

(b-2)  The executive commissioner of the Health and Human Services Commission shall adopt rules necessary to implement Subsection (b-1), including rules that:

(1)  limit eligibility for the subsidy under that subsection to a child whose adoptive family income is less than 300 percent of the federal poverty level;

(2)  provide for the manner in which the department shall pay the subsidy under that subsection; and

(3)  specify any documentation required to be provided by an adoptive parent as proof that the subsidy is used to obtain and maintain health benefits coverage for the adopted child.

(c)  In addition to the subsidy under Subsection (b), the department may subsidize the cost of medical care for a child.  The department shall determine the amount and need for the subsidy.

(d)  The county may pay a subsidy under Subsection (b) or (c) if the county is responsible for the child’s foster care at the time of the child’s adoptive placement.

(e)  If the child is receiving supplemental security income from the federal government, the state may pay the subsidy regardless of whether the state is the managing conservator for the child.

(f)  Subject to the availability of funds, the department shall work with the Health and Human Services Commission and the federal government to develop a program to provide medical assistance under Chapter 32, Human Resources Code, to children who were in the conservatorship of the department at the time of adoptive placement and need medical or rehabilitative care but do not qualify for adoption assistance.

(g)  The executive commissioner of the Health and Human Services Commission by rule shall provide that the maximum amount of the subsidy under Subsection (b) that may be paid to an adoptive parent of a child under an adoption assistance agreement is an amount that is equal to the amount that would have been paid to the foster parent of the child, based on the child’s foster care service level on the date the department and the adoptive parent enter into the adoption assistance agreement.  This subsection applies only to a child who, based on factors specified in rules of the department, the department determines would otherwise have been expected to remain in foster care until the child’s 18th birthday and for whom this state would have made foster care payments for that care.  Factors the department may consider in determining whether a child is eligible for the amount of the subsidy authorized by this subsection include the following:

(1)  the child’s mental or physical disability, age, and membership in a sibling group; and

(2)  the number of prior placement disruptions the child has experienced.

(h)  In determining the amount that would have been paid to a foster parent for purposes of Subsection (g), the department:

(1)  shall use the minimum amount required to be paid to a foster parent for a child assigned the same service level as the child who is the subject of the adoption assistance agreement; and

(2)  may not include any amount that a child-placing agency is entitled to retain under the foster care rate structure in effect on the date the department and the adoptive parent enter into the agreement.

(i)  A child for whom a subsidy is provided under Subsection (b-1) for premiums for health benefits coverage and who does not receive any other subsidy under this section is not considered to be the subject of an adoption assistance agreement for any other purpose, including for determining eligibility for the exemption from payment of tuition and fees for higher education under Section 54.2111, Education Code.

Sec. 162.018.  ACCESS TO INFORMATION.  (a)  The adoptive parents are entitled to receive copies of the 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.

(b)  The adoptive parents and the adopted child, after the child is an adult, are entitled to receive copies of the records that have been edited to protect the identity of the biological parents and any other person whose identity is confidential 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.

(c)  It is the duty of the person or entity placing the child for adoption to edit the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

(d)  At the time an adoption order is rendered, the court shall provide to the parents of an adopted child information provided by the bureau of vital statistics that describes the functions of the voluntary adoption registry under Subchapter E.  The licensed child-placing agency shall provide to each of the child’s biological parents known to the agency, the information when the parent signs an affidavit of relinquishment of parental rights or affidavit of waiver of interest in a child.  The information shall include the right of the child or biological parent to refuse to participate in the registry.  If the adopted child is 14 years old or older the court shall provide the information to the child.

Sec. 162.016.  ADOPTION ORDER.  (a)  If a petition requesting termination has been joined with a petition requesting adoption, the court shall also terminate the parent-child relationship at the same time the adoption order is rendered.  The court must make separate findings that the termination is in the best interest of the child and that the adoption is in the best interest of the child.

(b)  If the court finds that the requirements for adoption have been met and the adoption is in the best interest of the child, the court shall grant the adoption.

(c)  The name of the child may be changed in the order if requested.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Sec. 162.017.  EFFECT OF ADOPTION.  (a)  An order of adoption creates the parent-child relationship between the adoptive parent and the child for all purposes.

(b)  An adopted child is entitled to inherit from and through the child’s adoptive parents as though the child were the biological child of the parents.

(c)  The terms “child,” “descendant,” “issue,” and other terms indicating the relationship of parent and child include an adopted child unless the context or express language clearly indicates otherwise.

(d)  Nothing in this chapter precludes or affects the rights of a biological or adoptive maternal or paternal grandparent to reasonable possession of or access to a grandchild, as provided in Chapter 153.

Sec. 162.015.  RACE OR ETHNICITY.  (a)  In determining the best interest of the child, the court may not deny or delay the adoption or otherwise discriminate on the basis of race or ethnicity of the child or the prospective adoptive parents.

(b)  This section does not apply to a person, entity, tribe, organization, or child custody proceeding subject to the Indian Child Welfare Act of 1978 (25 U.S.C. Section 1901 et seq.).  In this subsection “child custody proceeding” has the meaning provided by 25 U.S.C. Section 1903.

Sec. 162.010.  CONSENT REQUIRED.  (a)  Unless the managing conservator is the petitioner, the written consent of a managing conservator to the adoption must be filed.  The court may waive the requirement of consent by the managing conservator if the court finds that the consent is being refused or has been revoked without good cause.  A hearing on the issue of consent shall be conducted by the court without a jury.

(b)  If a parent of the child is presently the spouse of the petitioner, that parent must join in the petition for adoption and further consent of that parent is not required.

(c)  A child 12 years of age or older must consent to the adoption in writing or in court.  The court may waive this requirement if it would serve the child’s best interest.

(c)  A child 12 years of age or older must consent to the adoption in writing or in court.  The court may waive this requirement if it would serve the child’s best interest.

Sec. 162.011.  REVOCATION OF CONSENT.  At any time before an order granting the adoption of the child is rendered, a consent required by Section 162.010 may be revoked by filing a signed revocation.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Sec. 162.012.  DIRECT OR COLLATERAL ATTACK.  (a)  Notwithstanding Rule 329, Texas Rules of Civil Procedure, the validity of an adoption order is not subject to attack after six months after the date the order was signed.

(b)  The validity of a final adoption order is not subject to attack because a health, social, educational, and genetic history was not filed.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.  Amended by Acts 1997, 75th Leg., ch. 601, Sec. 1, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 600, Sec. 2, eff. Jan. 1, 1998.
Sec. 162.013.  ABATEMENT OR DISMISSAL.  (a)  If the sole petitioner dies or the joint petitioners die, the court shall dismiss the suit for adoption.

(b)  If one of the joint petitioners dies, the proceeding shall continue uninterrupted.

(c)  If the joint petitioners divorce, the court shall abate the suit for adoption.  The court shall dismiss the petition unless the petition is amended to request adoption by one of the original petitioners.
Added by Acts 1995, 74th Leg., ch. 20, Sec. 1, eff. April 20, 1995.
Sec. 162.014.  ATTENDANCE AT HEARING REQUIRED.  (a)  If the joint petitioners are husband and wife and it would be unduly difficult for one of the petitioners to appear at the hearing, the court may waive the attendance of that petitioner if the other spouse is present.

(b)  A child to be adopted who is 12 years of age or older shall attend the hearing.  The court may waive this requirement in the best interest of the child.

Sec. 162.009.  RESIDENCE WITH PETITIONER.  (a)  The court may not grant an adoption until the child has resided with the petitioner for not less than six months.(b)  On request of the petitioner, the court may waive the residence requirement if the waiver is in the best interest of the child.

Sec. 162.0085.  CRIMINAL HISTORY REPORT REQUIRED.  (a)  In a suit affecting the parent-child relationship in which an adoption is sought, the court shall order each person seeking to adopt the child to obtain that person’s own criminal history record information.  The court shall accept under this section a person’s criminal history record information that is provided by the Department of Protective and Regulatory Services or by a licensed child-placing agency that received the information from the department if the information was obtained not more than one year before the date the court ordered the history to be obtained.

(b)  A person required to obtain information under Subsection (a) shall obtain the information in the manner provided by Section 411.128, Government Code.

Sec. 162.007.  CONTENTS OF HEALTH, SOCIAL, EDUCATIONAL, AND GENETIC HISTORY REPORT.  (a)  The health history of the child must include information about:

(1)  the child’s health status at the time of placement;

(2)  the child’s birth, neonatal, and other medical, psychological, psychiatric, and dental history information;

(3)  a record of immunizations for the child;  and

(4)  the available results of medical, psychological, psychiatric, and dental examinations of the child.

(b)  The social history of the child must include information, to the extent known, about past and existing relationships between the child and the child’s siblings, parents by birth, extended family, and other persons who have had physical possession of or legal access to the child.

(c)  The educational history of the child must include, to the extent known, information about:

(1)  the enrollment and performance of the child in educational institutions;

(2)  results of educational testing and standardized tests for the child;  and

(3)  special educational needs, if any, of the child.

(d)  The genetic history of the child must include a description of the child’s parents by birth and their parents, any other child born to either of the child’s parents, and extended family members and must include, to the extent the information is available, information about:

(1)  their health and medical history, including any genetic diseases and disorders;

(2)  their health status at the time of placement;

(3)  the cause of and their age at death;

(4)  their height, weight, and eye and hair color;

(5)  their nationality and ethnic background;

(6)  their general levels of educational and professional achievements, if any;

(7)  their religious backgrounds, if any;

(8)  any psychological, psychiatric, or social evaluations, including the date of the evaluation, any diagnosis, and a summary of any findings;

(9)  any criminal conviction records relating to a misdemeanor or felony classified as an offense against the person or family or public indecency or a felony violation of a statute intended to control the possession or distribution of a substance included in Chapter 481, Health and Safety Code;  and

(10)  any information necessary to determine whether the child is entitled to or otherwise eligible for state or federal financial, medical, or other assistance.

Sec. 162.006.  RIGHT TO EXAMINE RECORDS.  (a)  The department, licensed child-placing agency, person, or entity placing a child for adoption shall inform the prospective adoptive parents of their right to examine the records and other information relating to the history of the child.  The person or entity placing the child for adoption shall edit the records and information to protect the identity of the biological parents and any other person whose identity is confidential.

(b)  The department, licensed child-placing agency, or court retaining a copy of the report shall provide a copy of the report that has been edited to protect the identity of the birth parents and any other person whose identity is confidential to the following persons on request:

(1)  an adoptive parent of the adopted child;

(2)  the managing conservator, guardian of the person, or legal custodian of the adopted child;

(3)  the adopted child, after the child is an adult;

(4)  the surviving spouse of the adopted child if the adopted child is dead and the spouse is the parent or guardian of a child of the deceased adopted child;  or

(5)  a progeny of the adopted child if the adopted child is dead and the progeny is an adult.

(c)  A copy of the report may not be furnished to a person who cannot furnish satisfactory proof of identity and legal entitlement to receive a copy.

(d)  A person requesting a copy of the report shall pay the actual and reasonable costs of providing a copy and verifying entitlement to the copy.

(e)  The report shall be retained for 99 years from the date of the adoption by the department or licensed child-placing agency placing the child for adoption.  If the agency ceases to function as a child-placing agency, the agency shall transfer all the reports to the department or, after giving notice to the department, to a transferee agency that is assuming responsibility for the preservation of the agency’s adoption records.  If the child has not been placed for adoption by the department or a licensed child-placing agency and if the child is being adopted by a person other than the child’s stepparent, grandparent, aunt, or uncle by birth, marriage, or prior adoption, the person or entity who places the child for adoption shall file the report with the department, which shall retain the copies for 99 years from the date of the adoption.