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Texas's Adoption Laws
Texas
Statute: Fam. Code § 261.201
Records Confidential: Yes
Persons with access to records
• CPS/State Agencies
• Courts/Judges
• Law Enforcement
• Attorneys, GAL's
• Parents/Guardians
• Subject of Reports
Persons without access to records
• Agencies From Other States
• Grand Juries
• Attorneys General/Prosecutors
• Physicians
• Reporters of Abuse
• Researchers
• Employers
• Coroners
• Review Teams
• Treatment Providers
• Public/Any Person
Other Adoptive parents Persons
authorized by court order
Decision-Making for the Permanent Placement of Children
Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:
- Within 12 months of the child's placement in care; at least every 12
months thereafter
- Within 30 days after a finding that reasonable efforts to reunify are not
required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
- All parties
- The foster parents
- Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
- The appropriateness of the service plan
- What services have been offered
- Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
- Return to the parent
- Adoption
- Legal guardianship
- Placement with a fit and willing relative
- Another planned permanent living arrangement
© This information is from the National Adoption Information Clearinghouse.
The consent may be signed 48 hours after the birth of the child. Pre-consents are allowed in the state of Texas. Revocation Time Frame in TexasThe consent is irrevocable upon signing.
Texas
Who May Adopt
Statute: Fam. Code § 162.001
An adult
Who May Be Adopted
Statute: Fam. Code § 162.001
A child residing in the State if:
• The rights
of the parents have been terminated
• The
petitioner is a stepparent
• The child is
at least 2 years old, and the petitioner is a former stepparent who:
o Has cared
for the child at least 6 months, and the non-terminated parent consents
o Has had
care, possession, and control of the child for at least 1 year
Who May Place a Child for Adoption
Statute: Fam. Code § 162.025
• The child's
natural or adoptive parent
• The child's
legal guardian
• A licensed
child-placing agency
Decision-Making for the Permanent Placement of Children
Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:
- Within 12 months of the child's placement in care; at least every 12
months thereafter
- Within 30 days after a finding that reasonable efforts to reunify are not
required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
- All parties
- The foster parents
- Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
- The appropriateness of the service plan
- What services have been offered
- Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
- Return to the parent
- Adoption
- Legal guardianship
- Placement with a fit and willing relative
- Another planned permanent living arrangement
© This information is from the National Adoption Information Clearinghouse.
No information currently available.
Texas
Birth Parent Expenses Allowed Statute: Pen. § 25.08(b)
-
• Legal and medical expenses in
connection with the birth and pregnancy
-
• Adoptive counseling services
-
• Necessary pregnancy-related
expenses paid by a child-placing agency, as permitted by department rules
Birth Parent Expenses Not Allowed Statute: Pen. §
25.08(b)
Any payments not
expressly permitted
Allowable Payments for Arranging Adoption Statute: Fam. §
162.025(a)
A person who is not
the parent, legal guardian, or a licensed child-placing agency may not receive
payment for placing a child or serving as an intermediary between an adoptive
and expectant parent.
Allowable Payments for Relinquishing Child Statute: Pen. §
25.08(a)(2)
It is unlawful to offer or accept a thing of value for the
delivery of a child to another or possession of the child by another for the
purposes of adoption.
Allowable Fees Charged by Department/Agency Statute: Pen. §
25.08
A licensed child-placing agency may charge a fee for services
provided.
Accounting of Expenses Required by Court
The statutes do not specifically require that an accounting be
given to the court.
Decision-Making for the Permanent Placement of Children
Schedule of Hearings
Citation: §§ 40-11-12.1; 40-11-12.2
A permanency hearing shall be held:
- Within 12 months of the child's placement in care; at least every 12
months thereafter
- Within 30 days after a finding that reasonable efforts to reunify are not
required
Persons Entitled to Attend Hearings
Citation: § 40-11.12.1
- All parties
- The foster parents
- Any preadoptive parent or relative providing care for the child
Determinations Made at Hearings
Citation: § 40-11.12.1
- The appropriateness of the service plan
- What services have been offered
- Any further efforts that will promote the best interests of the child
Permanency Options
Citation: § 40-11.12.2
- Return to the parent
- Adoption
- Legal guardianship
- Placement with a fit and willing relative
- Another planned permanent living arrangement
© This information is from the National Adoption Information Clearinghouse.
No information currently available.
No information currently available.
If you are an adoption professional and have updated information for this portion of our site let us know by contacting us at 1-800-ADOPTION or e-mail us at editors@americanadoptions.com.
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