Bill Caption

Relating to regulating the custody transfer of an adopted child; creating a criminal offense. 

Fiscal Notes

No significant fiscal implication to the State is anticipated. 

Bill Analysis

This bill would make the unregulated custody transfer of an adopted child a third degree felony or second degree felony if the person intended to commit an offense. The section would not apply to placement by a licensed child placing agency or the Department of Family and Protective Services, placement of a child with a stepparent, adult relative, DFPS, or a child placing agency, or other adult with a significant or longstanding relationship to the child, or temporary placement by a child's parent or guardian for a short term period with specific intent, such as a vacation. 

Vote Recommendation Notes

Although this bill creates a steep new criminal offense, we are of the opinion that the harshness of the punishment reflects the seriousness of the crime committed, which involves the unregulated or unauthorized custody transfer of a child. However, because this bill does not appear to have a connection to our liberty principles, we remain neutral on this legislation.