Tex. Fam. Code § 107.151

TEXAS FAMILY CODE Chapter 107, Subchapter E — ADOPTION EVALUATION CHAPTER 107 • SPECIAL APPOINTMENTS, CHILD CUSTODY EVALUATIONS, AND ADOPTION EVALUATIONS Subchapter E: ADOPTION EVALUATION Sec. 107.151. DEFINITIONS. In this subchapter: (1) "Adoption evaluation" means a pre-placement or post-placement evaluative process through which information and recommendations regarding adoption of a child may be made to the court, the parties, and the parties' attorneys. (2) "Adoption evaluator" means a person who conducts an adoption evaluation under this subchapter. (3) "Department" means the Department of Family and Protective Services. (4) "Supervision" means directing, regularly reviewing, and meeting with a person with respect to the completion of work for which the supervisor is responsible for the outcome. The term does not require the constant physical presence of the person providing supervision and may include telephonic or other electronic communication. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.152. APPLICABILITY. (a) For purposes of this subchapter, an adoption evaluation does not include services provided in accordance with the Interstate Compact on the Placement of Children adopted under Subchapter B, Chapter 162, or an evaluation conducted in accordance with Section 262.114 by an employee of or contractor with the department. (b) This subchapter does not apply to the pre-placement and post-placement parts of an adoption evaluation conducted by a licensed child-placing agency or the department. (c) The pre-placement and post-placement parts of an adoption evaluation conducted by a licensed child-placing agency or the department are governed by rules adopted by the commissioner of the department. (d) In a suit involving a licensed an adoption evaluation conducted by a licensed child-placing agency or the department are governed by rules adopted by the commissioner of the department. (d) In a suit involving a licensed child-placing agency or the department, a licensed child-placing agency or the department shall conduct the pre-placement and post-placement parts of the adoption evaluation and file reports on those parts with the court before the court renders a final order of adoption. (e) A court may appoint the department to conduct the pre-placement and post-placement parts of an adoption evaluation in a suit only if the department is: (1) a party to the suit; or (2) the managing conservator of the child who is the subject of the suit. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 3, eff. September 1, 2017. Sec. 107.153. ORDER FOR ADOPTION EVALUATION. (a) Except as provided by Subsection (a-1), the court shall order the performance of an adoption evaluation to evaluate each party who requests termination of the parent-child relationship or an adoption in a suit for: (1) termination of the parent-child relationship in which a person other than a parent may be appointed managing conservator of a child; or (2) an adoption. (a-1) In a suit for adoption that is uncontested, the court may waive the requirement under Subsection (a) for the performance of an adoption evaluation of the prospective adoptive parent if: (1) the prospective adoptive parent is a stepparent of the child; and Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 107, Subchapter E — ADOPTION EVALUATION (2) the court has reviewed investigative records of the department and any criminal history record information maintained by the Department o ODE Chapter 107, Subchapter E — ADOPTION EVALUATION (2) the court has reviewed investigative records of the department and any criminal history record information maintained by the Department of Public Safety relating to the prospective adoptive parent. (b) The adoption evaluation required under Subsection (a) must include an evaluation of the circumstances and the condition of the home and social environment of any person requesting to adopt a child who is at issue in the suit. (c) The court may appoint a qualified individual, a qualified private entity, or a domestic relations office to conduct the adoption evaluation. (d) Except as provided by Section 107.155, a person who conducts an adoption evaluation must meet the requirements of Section 107.154. (e) The costs of conducting an adoption evaluation required under Subsection (a) or reviewing investigative records of the department and criminal history record information maintained by the Department of Public Safety under Subsection (a-1), as applicable, shall be paid by the prospective adoptive parent. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Amended by: Acts 2023, 88th Leg., R.S., Ch. 802 (H.B. 461), Sec. 1, eff. September 1, 2023. Sec. 107.154. ADOPTION EVALUATOR: MINIMUM QUALIFICATIONS. (a) In this section: (1) "Full-time experience" means a period during which a person works at least 30 hours per week. (2) "Human services field of study" means a field of study designed to prepare a person in the disciplined application of counseling, family therapy, psychology, or social work values, principles, and methods. (b) To be qualified to conduct an adoption evaluation under this subchapter, a person must: (1) have a degree from an accredited college or university in a human services field of study and a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist and: ( ted college or university in a human services field of study and a license to practice in this state as a social worker, professional counselor, marriage and family therapist, or psychologist and: (A) have one year of full-time experience working at a child-placing agency conducting child-placing activities; or (B) be practicing under the direct supervision of a person qualified under this section to conduct adoption evaluations; (2) be employed by or under contract with a domestic relations office, provided that the person conducts adoption evaluations relating only to families ordered to participate in adoption evaluations conducted by the domestic relations office; or (3) be qualified as a child custody evaluator under Section 107.104. (c) In addition to the other qualifications prescribed by this section, an individual must complete at least eight hours of family violence dynamics training provided by a family violence service provider to be qualified to conduct an adoption evaluation under this subchapter. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 4(a), eff. September 1, 2017. Sec. 107.155. EXCEPTION TO QUALIFICATIONS REQUIRED TO CONDUCT ADOPTION EVALUATION. (a) In a county with a population of less than 500,000, if a court finds that an individual who meets the requirements of Section 107.154 is not available in the county to conduct an adoption evaluation in a timely manner, the court, after notice and hearing or on agreement of the parties, may appoint a person the court determines to be otherwise qualified to conduct the evaluation. (b) An individual appointed under this section shall comply with all provisions of this subchapter, other than Section 107.154. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.156. ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND BIAS. (a) Be er, other than Section 107.154. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.156. ADOPTION EVALUATOR: CONFLICTS OF INTEREST AND BIAS. (a) Before accepting appointment as an adoption evaluator in a suit, a person must disclose to the court, each attorney for a party to the suit, any attorney for a child who is the subject of the suit, and any party to the suit who does not have an attorney: Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 107, Subchapter E — ADOPTION EVALUATION (1) any conflict of interest that the person believes the person has with a party to the suit or a child who is the subject of the suit; (2) any previous knowledge that the person has of a party to the suit or a child who is the subject of the suit; (3) any pecuniary relationship that the person believes the person has with an attorney in the suit; (4) any relationship of confidence or trust that the person believes the person has with an attorney in the suit; and (5) any other information relating to the person's relationship with an attorney in the suit that a reasonable, prudent person would believe would affect the ability of the person to act impartially in conducting an adoption evaluation. (b) The court may not appoint a person as an adoption evaluator in a suit if the person makes any of the disclosures in Subsection (a) unless: (1) the court finds that: (A) the person has no conflict of interest with a party to the suit or a child who is the subject of the suit; (B) the person's previous knowledge of a party to the suit or a child who is the subject of the suit is not relevant; (C) the person does not have a pecuniary relationship with an attorney in the suit; and (D) the person does not have a relationship of trust or confidence with an attorney in the suit; or (2) the parties and any attorney for a child who is the subject of the suit orney in the suit; and (D) the person does not have a relationship of trust or confidence with an attorney in the suit; or (2) the parties and any attorney for a child who is the subject of the suit agree in writing to the person's appointment as the adoption evaluator. (c) After being appointed as an adoption evaluator in a suit, a person shall immediately disclose to the court, each attorney for a party to the suit, any attorney for a child who is the subject of the suit, and any party to the suit who does not have an attorney any discovery of: (1) a conflict of interest that the person believes the person has with a party to the suit or a child who is the subject of the suit; and (2) previous knowledge that the person has of a party to the suit or a child who is the subject of the suit, other than knowledge obtained in a court-ordered evaluation. (d) A person shall resign from the person's appointment as an adoption evaluator in a suit if the person makes any of the disclosures in Subsection (c) unless: (1) the court finds that: (A) the person has no conflict of interest with a party to the suit or a child who is the subject of the suit; and (B) the person's previous knowledge of a party to the suit or a child who is the subject of the suit is not relevant; or (2) the parties and any attorney for a child who is the subject of the suit agree in writing to the person's continued appointment as the adoption evaluator. (e) An individual may not be appointed as an adoption evaluator in a suit if the individual has worked in a professional capacity with a party to the suit, a child who is the subject of the suit, or a member of the party's or child's family who is involved in the suit. This subsection does not apply to an individual who has worked in a professional capacity with a party, a child, or a member of the party's or child's family only as a teacher of parenting skills in a group setting, with no individualized interaction with any party, professional capacity with a party, a child, or a member of the party's or child's family only as a teacher of parenting skills in a group setting, with no individualized interaction with any party, the child, any party's family, or the child's family, or as a child custody evaluator or adoption evaluator who performed a previous evaluation. For purposes of this subsection, "family" has the meaning assigned by Section 71.003. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.157. REPORTING CERTAIN PLACEMENTS FOR ADOPTION. An adoption evaluator shall report to the department any adoptive placement that appears to have been made by someone other than a licensed child-placing agency or a child's parent or managing conservator. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3 --- TEXAS FAMILY CODE Chapter 107, Subchapter E — ADOPTION EVALUATION Sec. 107.158. GENERAL PROVISIONS APPLICABLE TO CONDUCT OF ADOPTION EVALUATOR AND PREPARATION OF REPORTS. (a) Unless otherwise directed by a court or prescribed by this subchapter, an adoption evaluator's actions in conducting an adoption evaluation must be in conformance with the professional standard of care applicable to the evaluator's licensure and any administrative rules, ethical standards, or guidelines adopted by the licensing authority that licenses the evaluator. (b) A court may impose requirements or adopt local rules applicable to an adoption evaluation or an adoption evaluator that do not conflict with this subchapter. (c) An adoption evaluator shall follow evidence-based practice methods and make use of current best evidence in making assessments and recommendations. (d) An adoption evaluator shall disclose to each attorney of record any communication regarding a substantive issue between the evaluator a best evidence in making assessments and recommendations. (d) An adoption evaluator shall disclose to each attorney of record any communication regarding a substantive issue between the evaluator and an attorney of record representing a party in a contested suit. This subsection does not apply to a communication between an adoption evaluator and an amicus attorney. (e) To the extent possible, an adoption evaluator shall verify each statement of fact pertinent to an adoption evaluation and shall note the sources of verification and information in any report prepared on the evaluation. (f) An adoption evaluator shall state the basis for the evaluator's conclusions or recommendations in any report prepared on the evaluation. (g) An adoption evaluation report must include for each adoption evaluator who conducted any portion of the adoption evaluation: (1) the name and license number of the adoption evaluator; and (2) a statement that the adoption evaluator: (A) has read and meets the requirements of Section 107.154; or (B) was appointed under Section 107.155. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.159. REQUIREMENTS FOR PRE-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT. (a) Unless otherwise agreed to by the court, the pre-placement part of an adoption evaluation must comply with the minimum requirements for the pre-placement part of an adoption evaluation under rules adopted by the commissioner of the department. (b) Unless a child who is the subject of the suit begins to reside in a prospective adoptive home before the suit is commenced, an adoption evaluator shall file with the court a report containing the evaluator's findings and conclusions made after completion of the pre-placement portion of the adoption evaluation. (c) In a suit filed after the date a child who is the subject of the suit begins to reside in a prospective adoptive home, the report required under this s cement portion of the adoption evaluation. (c) In a suit filed after the date a child who is the subject of the suit begins to reside in a prospective adoptive home, the report required under this section and the post-placement adoption evaluation report required under Section 107.160 may be combined in a single report. (d) The report required under this section must be filed with the court before the court may sign the final order for termination of the parent-child relationship. The report shall be included in the record of the suit. (e) A copy of the report prepared under this section must be made available to the prospective adoptive parents before the court renders a final order of adoption. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 5, eff. September 1, 2017. Sec. 107.160. REQUIREMENTS FOR POST-PLACEMENT PORTION OF ADOPTION EVALUATION AND REPORT. (a) Unless otherwise agreed to by the court, the post-placement part of an adoption evaluation must comply with the minimum requirements for the post-placement part of an adoption Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 4 --- TEXAS FAMILY CODE Chapter 107, Subchapter E — ADOPTION EVALUATION evaluation under rules adopted by the commissioner of the department. (b) An adoption evaluator shall file with the court a report containing the evaluator's findings and conclusions made after a child who is the subject of the suit in which the evaluation is ordered begins to reside in a prospective adoptive home. (c) The report required under this section must be filed with the court before the court renders a final order of adoption. The report shall be included in the record of the suit. (d) A copy of the report prepared under this section must be made available to the prospective adoptive parents before the court renders a final order of adopt be included in the record of the suit. (d) A copy of the report prepared under this section must be made available to the prospective adoptive parents before the court renders a final order of adoption. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Amended by: Acts 2017, 85th Leg., R.S., Ch. 316 (H.B. 5), Sec. 6, eff. September 1, 2017. Sec. 107.161. INTRODUCTION AND PROVISION OF ADOPTION EVALUATION REPORT AND TESTIMONY RELATING TO ADOPTION EVALUATION. (a) Disclosure to the jury of the contents of an adoption evaluation report prepared under Section 107.159 or 107.160 is subject to the rules of evidence. (b) The court may compel the attendance of witnesses necessary for the proper disposition of a suit, including a representative of an agency that conducts an adoption evaluation, who may be compelled to testify. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.162. ADOPTION EVALUATION FEE. If the court orders an adoption evaluation to be conducted, the court shall award the adoption evaluator a reasonable fee for the preparation of the evaluation that shall be imposed in the form of a money judgment and paid directly to the evaluator. The evaluator may enforce the judgment for the fee by any means available under law for civil judgments. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Sec. 107.163. ADOPTION EVALUATOR ACCESS TO INVESTIGATIVE RECORDS OF DEPARTMENT; OFFENSE. (a) An adoption evaluator is entitled to obtain from the department a complete, unredacted copy of any investigative record regarding abuse or neglect that relates to any person residing in the residence subject to the adoption evaluation. (b) Except as provided by this section, records obtained by an adoption evaluator from the department under this section are confidential and not subject to disclosure under Chapter 552, G aluation. (b) Except as provided by this section, records obtained by an adoption evaluator from the department under this section are confidential and not subject to disclosure under Chapter 552, Government Code, or to disclosure in response to a subpoena or a discovery request. (c) An adoption evaluator may disclose information obtained under Subsection (a) in the adoption evaluation report prepared under Section 107.159 or 107.160 only to the extent the evaluator determines that the information is relevant to the adoption evaluation or a recommendation made under this subchapter. (d) A person commits an offense if the person recklessly discloses confidential information obtained from the department in violation of this section. An offense under this subsection is a Class A misdemeanor. Added by Acts 2015, 84th Leg., R.S., Ch. 1252 (H.B. 1449), Sec. 1.18, eff. September 1, 2015. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 5