Adoption and Foster Care

From the Law Office of Alison Grinter in Dallas, Texas

Certain offenses and findings can make a person inelligible to become a foster or adoptive parent in Texas. These offenses are listed in the statute below, and linked to their wiki articles. Persons with convictions of these types are not necessarily banned from adopting or becomming a foster parent, but the chances are unlikely that their applications will be approved.

Statute

From the Texas Administrative Code § 745.651

(a) A misdemeanor or felony under Title 5 (Offenses Against the Person), Title 6 (Offenses Against the Family), Chapter 29 (Robbery) of Title 7, Chapter 43 (Public Indecency) or §42.072 (Stalking) of Title 9, §15.031 (Criminal Solicitation of a Minor) of Title 4, §38.17 (Failure to Stop or Report Aggravated Sexual Assault of Child) of Title 8 of the Texas Penal Code (TPC), or any like offense under the law of another state or federal law;

(b) A misdemeanor or felony committed within the past 10 years under:

      (1) The Texas Controlled Substances Act;

      (2) The following sections or chapters of the TPC:

      (A) §39.04 (Violations of the Civil Rights of Person in Custody; Improper Sexual Activity with Person in Custody);

      (B) §42.08 (Abuse of Corpse);

      (C) §42.09 (Cruelty to Animals);

      (D) §42.091 (Attack on Assistance Animal);

      (E) §42.092 (Cruelty to Nonlivestock Animals);

      (F) §42.10 (Dog Fighting);

      (G) §46.13 (Making a Firearm Accessible to a Child); or

      (H) Chapter 49 (Intoxication and Alcoholic Beverage Offenses); or

           (3) The Texas Alcoholic Beverage Code, §106.06 (Purchase of Alcohol for a Minor; Furnishing Alcohol to a Minor);

           (4) Any like offense of the law of another state or federal law; or

(c) Any other felony committed within the past 10 years under the TPC or any like offense of the law of another state or federal law; or

(d) Deferred adjudications covering an offense listed in subsections (a) - (c) of this section, if the person has not completed the probation successfully.

Notes

Approval may also be denied if a check of the child abuse central registry reveals that the person has any sustained finding of child abuse or neglect, including sexual abuse, physical abuse, emotional abuse, physical neglect, neglectful supervision, or medical neglect. These findings are made in the family courts in divorce or custody cases or in protective order hearings.

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