CHAPTER 34. AUTHORIZATION AGREEMENT FOR NONPARENT RELATIVE - Texas Statutes

FAMILY CODE

TITLE 2. CHILD IN RELATION TO THE FAMILY

SUBTITLE A. LIMITATIONS OF MINORITY

CHAPTER 34. AUTHORIZATION AGREEMENT FOR NONPARENT RELATIVE

Sec. 34.001. APPLICABILITY. This chapter applies only to an

authorization agreement between a parent of a child and a person

who is the child's:

(1) grandparent;

(2) adult sibling; or

(3) adult aunt or uncle.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.002. AUTHORIZATION AGREEMENT. (a) A parent or both

parents of a child may enter into an authorization agreement with

a relative of the child listed in Section 34.001 to authorize the

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 primary 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.

(b) To the extent of any conflict or inconsistency between this

chapter and any other law relating to the eligibility

requirements other than parental consent to obtain a service

under Subsection (a), the other law controls.

(c) An authorization agreement under this chapter does not

confer on a relative of the child listed in Section 34.001 the

right to authorize the performance of an abortion on the child or

the administration of emergency contraception to the child.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.003. CONTENTS OF AUTHORIZATION AGREEMENT. (a) The

authorization agreement must contain:

(1) the following information from the relative of the child to

whom the parent is giving authorization:

(A) the name and signature of the relative;

(B) the relative's relationship to the child; and

(C) the relative's current physical address and telephone number

or the best way to contact the 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 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 relative has

voluntarily assumed the responsibility of performing those

functions;

(5) statements that neither the parent nor the 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 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 the authorization is made in conformance

with this chapter;

(8) a statement that the parent and the 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;

(9) a statement by the parent that establishes the circumstances

under which the authorization agreement 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

(10) 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 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

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 relative to return the child to the

parent immediately on request may have criminal and civil

consequences;

(8) that, under other applicable law, the relative may be liable

for certain expenses relating to the child in the 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 is void unless the parties

mail a copy of the authorization agreement 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

(12) that the authorization agreement does not confer on 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.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.004. EXECUTION OF AUTHORIZATION AGREEMENT. (a) The

authorization agreement must be signed and sworn to before a

notary public by the parent and the relative.

(b) A parent may not execute an authorization agreement without

a written order by the appropriate court if:

(1) there is a court order or pending suit affecting the

parent-child relationship concerning the child;

(2) there is pending litigation in any court concerning:

(A) custody, possession, or placement of the child; or

(B) access to or visitation with the child; or

(3) the court has continuing, exclusive jurisdiction over the

child.

(c) An authorization agreement obtained in violation of

Subsection (b) is void.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.005. DUTIES OF PARTIES TO AUTHORIZATION AGREEMENT. (a)

If both parents did not sign the authorization agreement, the

parties shall mail a copy of the executed authorization agreement

to the parent who was not a party to the authorization agreement

at the parent's last known address not later than the 10th day

after the date the authorization agreement is executed if that

parent is living and that parent's parental rights have not been

terminated. An authorization agreement is void if the parties

fail to comply with this subsection.

(b) A party to the authorization agreement shall immediately

inform each other party of any change in the party's address or

contact information. If a party fails to comply with this

subsection, the authorization agreement is voidable by the other

party.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.006. AUTHORIZATION VOIDABLE. An authorization agreement

is voidable by a party if the other party knowingly:

(1) obtained the authorization agreement by fraud, duress, or

misrepresentation; or

(2) made a false statement on the authorization agreement.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.007. EFFECT OF AUTHORIZATION AGREEMENT. (a) A person

who is not a party to the authorization agreement who relies in

good faith on an authorization agreement under this chapter,

without actual knowledge that the authorization agreement is

void, revoked, or invalid, is not subject to civil or criminal

liability to any person, and is not subject to professional

disciplinary action, for that reliance if the agreement is

completed as required by this chapter.

(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 relative has

legal custody of the child.

(c) An authorization agreement executed under this chapter does

not confer or affect standing or a right of intervention in any

proceeding under Title 5.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.008. TERMINATION OF AUTHORIZATION AGREEMENT. (a)

Except as provided by Subsection (b), an authorization agreement

under this chapter terminates if, after the execution of the

authorization agreement, a court enters an order:

(1) affecting the parent-child relationship;

(2) concerning custody, possession, or placement of the child;

(3) concerning access to or visitation with the child; or

(4) regarding the appointment of a guardian for the child under

Section 676, Texas Probate Code.

(b) An authorization agreement may continue after a court order

described by Subsection (a) is entered if the court entering the

order gives written permission.

(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 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 Section 676, Texas Probate Code.

(d) If an authorization agreement executed under this chapter

does not state when the authorization agreement expires, the

authorization agreement is valid until revoked.

(e) If both parents have signed the authorization agreement,

either parent may revoke the authorization agreement without the

other parent's consent.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.

Sec. 34.009. PENALTY. (a) A person commits an offense if the

person knowingly:

(1) presents a document that is not a valid authorization

agreement as a valid authorization agreement under this chapter;

(2) makes a false statement on an authorization agreement; or

(3) obtains an authorization agreement by fraud, duress, or

misrepresentation.

(b) An offense under this section is a Class B misdemeanor.

Added by Acts 2009, 81st Leg., R.S., Ch.

815, Sec. 1, eff. June 19, 2009.