H.B. No. 1892 introduces the Uniform Unregulated Child Custody Transfer Act, which aims to establish a standardized legal framework for child custody transfers in Texas. The bill adds Chapter 163 to the Family Code, outlining definitions, applications, and general provisions related to child custody. It specifies that the chapter promotes uniformity among states that adopt the Act and clarifies that it does not apply to custody of Indian children as defined by the Indian Child Welfare Act. The chapter includes provisions that prohibit unregulated custody transfers, detailing the circumstances under which custody can be legally transferred and the responsibilities of individuals involved in such transfers.
The bill also establishes criminal offenses related to violations of the custody transfer provisions. Specifically, it makes it a Class B misdemeanor for a parent or conservator to transfer custody with the intent to abandon rights and responsibilities concerning the child, escalating to a felony of the third degree if the child has been previously adopted. Additionally, it prohibits soliciting or advertising for custody transfers in violation of the law, with penalties ranging from Class A misdemeanors to felonies for repeat offenders. The Department of Family and Protective Services is granted authority to investigate potential violations and take necessary actions to protect the welfare of children involved. The Act is set to take effect on September 1, 2025.
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