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Yours, Mine, Ours? - Why the Texas Legislature Should Simplify Caretaker Consent Capabilities for Minor Children and the Implications of the Addition of Chapter 34 to the Texas Family Code

Texas Tech Law Review, Vol. 42, p. 987, 2010

Texas Tech Law School Research Paper No. 2011-04

45 Pages Posted: 17 Apr 2011 Last revised: 25 Apr 2011

John Ellis

Texas Tech University School of Law

Abstract

In “Yours, Mine, Ours? - Why the Texas Legislature Should Simplify Caretaker Consent Capabilities for Minor Children and the Implications of the Addition of Chapter 34 to the Texas Family Code” author John Ellis discusses the rise of the extended-care network and the evolution and dissolution of the American nuclear family. Ellis then describes the challenges for nonparent caregivers, including the need for flexible and cost-effective caregiver authorization agreements, the expanded use of power of attorney, and de facto custodian statutes.

He also examines the passage of Senate Bill 1598 and the addition of chapter 34 to the Texas Family Code. Ellis looks at the history behind the chapter and the implications of its addition. Finally, Ellis examines the proposed amendments to chapter 34. He concludes by pointing out the shortcomings in the proposed amendments and recommending amendments of his own.

JEL Classification: K19

Suggested Citation

Ellis, John, Yours, Mine, Ours? - Why the Texas Legislature Should Simplify Caretaker Consent Capabilities for Minor Children and the Implications of the Addition of Chapter 34 to the Texas Family Code. Texas Tech Law Review, Vol. 42, p. 987, 2010; Texas Tech Law School Research Paper No. 2011-04. Available at SSRN: https://ssrn.com/abstract=1811045

John Ellis (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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