The highest court in the land has long held that the Constitution protects parents’ fundamental right to make decisions concerning the care, custody, and control of their children. Troxel v. Granville, 530 U.S. 57, 66, (2000). But what happens to children when parents are unable to make these day-to-day decisions for their children? In Texas, about 378,000 children are being raised in households with neither parent present. Filing a suit affecting the parent-child relationship, or SAPCR, is sometimes costly and lengthy, and it may contribute to the trauma faced by parents and children separated from one another. In 2009, the Texas legislature passed into law a caregiver authorization statute to address the need for parents to delegate specific decisions to adult nonparents through a low-cost and low-stress means that does not require a court proceeding. Introduced as a “statutory power of attorney of a caregiver of a child,” the bill is codified in Chapter 34 of the Texas Family Code, governing authorization agreements for nonparent adult caregivers.
Without a Chapter 34 authorization agreement in place, the nonparent caring for a child is unable to make a host of decisions relating to the child, potentially jeopardizing the child’s safety, health, and wellbeing. Nonparents cannot consent to children’s vaccines or medical, dental, psychological, or surgical treatment, obtain health insurance coverage for the children, or apply for and receive public benefits for the children. In addition, nonparents cannot obtain copies or originals of the child’s federal- or state- issued identification documents, including social security cards or birth certificates, likely impeding other services and programs. Further, a nonparent cannot authorize an older child to participate in extracurricular activities, obtain a learner’s permit, or get a job—significant milestones for older children—because these typically require a parent or guardian’s signature. A nonparent’s inability to make these parental decisions, at best, interferes with a child’s wellbeing and, at worst, endangers a child’s safety and health.
Section 34.0015, et seq., permits one or both parents and an adult nonparent to enter into a caregiver authorization agreement. For the cost of a notarized document, an executed authorization agreement gives parents a low-cost and low-stress tool to delegate specific parental decisions to a trusted nonparent. A caregiver authorization agreement is effective immediately, requires no court proceeding, and automatically renews every six months unless it is terminated. Termination can occur by a parent on demand or by certain court orders regarding children. Tex. Fam. Code § 34.008.
Despite the ease of executing authorization agreements, parents and caregivers must read all the “warnings and disclosures” before signing the agreement. For example, a parent may terminate the agreement and resume the care, custody, possession, and control of the child on demand. The failure to immediately return the child to the parent may have criminal and civil penalties. Notably, while a caregiver may be liable for certain expenses relating to the child, the parent retains the parental obligation to support the child.
Underscoring Texas law that fit parents are presumed to act in their children’s best interests, the statute warns parties that authorization agreements alone do not confer legal custody or legal guardianship of children on caregivers, and authorization agreements do not affect parental rights as to the care, custody, and control of children.
Parents are further warned that their parental rights may be adversely affected by placing their children with another person. In suits filed on or after September 1, 2025, general standing is given to persons who have had exclusive care, control and possession of the child for at least six months ending not more than 90 days before the petition is filed. Parents are cautioned to enter into authorization agreements with only trusted nonparents.
Furthermore, the caregiver authorization statute has been useful to practitioners outside the context of family law. Parents in immigration proceedings have used the authorization agreement as part of their emergency toolkit, while parents in criminal proceedings have executed authorization agreements to secure the safety of their children or avoid exposing their children to the trauma and danger of a parent’s arrest.
Across the DFW metroplex, legal clinics staffed by volunteer attorneys, paralegals, and advocates assist parents and caregivers complete caregiver authorization agreements governed by Chapter 34 of the Texas Family Code to help parents in challenging circumstances prepare for the continuity and stability of their children’s safety, health, and wellbeing.
Brenda Ballí is an attorney at O’Neil Wysocki, P.C. She can be reached at brenda@owlawyers.com.