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If the child has never been the subject of court proceedings, one parent (or both) may enter into an authorization agreement with any adult caregiver. The agreement allows the nonparent caregiver to do a variety of things while caring for the child including:
For the full list of actions available to the caregiver, see Texas Family Code Section 34.002.
If both parents did not sign the authorization agreement, the parties to the agreement are required to notify the other parent by mail within 10 days. However, there are exceptions. See Section 34.005.
An authorization agreement has a term of six months from the date the parties enter into the agreement (unless the parties agree to an earlier expiration date) and renews automatically for six-month terms. Either party may terminate the agreement at any time. See Section 34.008.
For children that already have a court order in place or have a case pending, the parties must first obtain permission from the court before an authorization agreement can be signed. See the resources below for details.
In certain situations, a nonparent caregiver can ask the courts for temporary authorization to care for a child if they cannot get authorization from the parents and they do not object. Even if granted, a parent can request the court terminate the agreement at any time.
Certain nonparent caregivers, such as a grandparent, have the right in certain situations to consent to medical treatment for a child even without an authorization agreement in place. See the resources below for details.