Relating to the voluntary relinquishment of parental rights, adoption, and the regulation of child-placing agencies.

89(R) HB 4730 - Senate Committee Report version - Bill Text

By: Hull (Senate Sponsor - Hancock)

H.B. No. 4730

(In the Senate - Received from the House May 9, 2025;

May 13, 2025, read first time and referred to Committee on Health &

Human Services; May 26, 2025, reported adversely, with favorable

Committee Substitute by the following vote: Yeas 8, Nays 0;

May 26, 2025, sent to printer.)
Click here to see the committee vote

COMMITTEE SUBSTITUTE FOR H.B. No. 4730

By: Hancock

A BILL TO BE ENTITLED

AN ACT

relating to the voluntary relinquishment of parental rights,

adoption, and the regulation of child-placing agencies.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 161.103, Family Code, is amended by

amending Subsections (a) and (e) and adding Subsection (b-1) to

read as follows:

(a) An affidavit for voluntary relinquishment of parental

rights must be:

(1)
on the form adopted by the Health and Human

Services Commission in conjunction with the Department of Family

and Protective Services under Subsection (b-1);

(2)
signed after the birth of the child, but not before

48 hours after the birth of the child, by the parent, whether or not

a minor, whose parental rights are to be relinquished;

(3)
[
(2)
] witnessed by two credible persons; and

(4)
[
(3)
] verified before a person authorized to take

oaths.

(b-1)

The Health and Human Services Commission, in

conjunction with the Department of Family and Protective Services,

shall adopt and make available on each agency's publicly accessible

Internet website a form to be used for an affidavit for voluntary

relinquishment of parental rights. The form must include an

explanation of:

(1)

the circumstances under which an affidavit for

voluntary relinquishment of parental rights may be revoked and

procedures for revocation; and

(2) the parent's right to:

(A)

seek child support if the parent chooses to

not relinquish the parent's rights;

(B)

consider alternatives to adoption, including

kinship care or temporary assistance;

(C)

apply for and potentially receive government

benefits;

(D)

consult with an attorney before signing the

affidavit;

(E)

seek counseling regarding adoption and

relinquishment of parental rights;

(F)

receive information regarding post-adoption

contact agreements;

(G)

request nonidentifying information regarding

prospective adoptive parents, including general demographic

information and information regarding lifestyle and values;

(H)

receive a copy of each signed document

related to the relinquishment of parental rights, including the

affidavit and any adoption agreement;

(I)

receive any medical record or genetic

screening information related to the child before relinquishment;

and

(J)

register with a mutual consent voluntary

adoption registry established under Subchapter E, Chapter 162,

including the central registry established and maintained by the

vital statistics unit.

(e) The relinquishment in an affidavit that designates the

Department of Family and Protective Services or a licensed

child-placing agency to serve as the managing conservator is

irrevocable. A relinquishment in any other affidavit of

relinquishment is revocable [
unless it expressly provides that it

is irrevocable
] for [
a stated period of time not to exceed
] 60 days

after the date of its execution.

SECTION 2. Subchapter A, Chapter 162, Family Code, is

amended by adding Section 162.0063 to read as follows:

Sec.

162.0063.

NOTICE OF RIGHTS FOR PROSPECTIVE ADOPTIVE

PARENTS. (a)

In this section:

(1)

"Commission" means the Health and Human Services

Commission.

(2)

"Department" means the Department of Family and

Protective Services.

(b)

The commission, in conjunction with the department,

shall adopt a form to notify a prospective adoptive parent of the

parent's rights related to adoption. The commission and the

department shall make the form available on each agency's publicly

accessible Internet website.

The form must include an explanation

of an adoptive parent's right to:

(1)

know the location and conditions of the child's

birth, including any drugs administered to the child or the child's

mother during birth;

(2)

examine the records and other information relating

to the history of the child under Section 162.0062, including

prenatal records and genetic screening records;

(3)

be informed of any legal risks related to the

prospective adoption, including pending paternity claims or other

contests;

(4)

receive copies of all legal documents related to

the adoption;

(5)

request nonidentifying information regarding the

biological parents and any biological siblings of the child,

including general demographic information;

(6)

seek access to post-adoption resources, including

counseling, legal assistance, and support groups; and

(7)

receive an itemized list of each cost associated

with an adoption.

(c)

The department, a licensed child-placing agency, or

other person placing a child for adoption shall provide the notice

adopted under this section to a prospective adoptive parent.

SECTION 3. Section 42.042(h-1), Human Resources Code, is

amended to read as follows:

(h-1) The executive commissioner shall adopt rules

governing:

(1) the placement and care of children by a

child-placing agency, as necessary to ensure the health and safety

of those children;

(2) the verification and monitoring of agency foster

homes and adoptive homes by a child-placing agency; [
and
]

(3)
minimum training standards for an employee,

director, or operator of a child-placing agency;

(4)

annual compliance reporting by child-placing

agencies;

(5)

random audits of child-placing agencies to ensure

compliance with training standards and licensing requirements;

(6)

procedures for the filing of a complaint against a

child-placing agency; and

(7)
if appropriate, child-placing agency staffing

levels, office locations, and administration.

SECTION 4. The heading to Section 42.0421, Human Resources

Code, is amended to read as follows:

Sec. 42.0421. MINIMUM TRAINING STANDARDS
: REGULATED

CHILD-CARE FACILITY
.

SECTION 5. Subchapter C, Chapter 42, Human Resources Code,

is amended by adding Section 42.04211 to read as follows:

Sec.

42.04211.

MINIMUM TRAINING STANDARDS: CHILD-PLACING

AGENCY. The minimum training standards prescribed by the executive

commissioner under Section 42.042(h-1) must require an employee,

director, or operator of a child-placing agency to receive training

regarding parental rights of adoptive parents and procedures for

the relinquishment of parental rights.

SECTION 6. (a) As soon as practicable after the effective

date of this Act but not later than March 1, 2026, the Health and

Human Services Commission, in conjunction with the Department of

Family and Protective Services, shall adopt the forms required by

Sections 161.103(b-1) and 162.0063(b), Family Code, as added by

this Act.

(b) Section 161.103, Family Code, as amended by this Act,

applies only to the relinquishment of parental rights to a child

born on or after March 1, 2026.

(c) Section 162.0063(c), Family Code, as added by this Act,

applies beginning with adoption placement services provided on or

after March 1, 2026.

SECTION 7. As soon as practicable after the effective date

of this Act but not later than January 1, 2026, the executive

commissioner of the Health and Human Services Commission shall

adopt rules as required by Section 42.042(h-1), Human Resources

Code, as amended by this Act.

SECTION 8. This Act takes effect September 1, 2025.

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