Texas Family Code Chapter 34: Authorization Agreement for Nonparent Adult Caregiver

What Chapter 34 Does

Texas Family Code Chapter 34 lets a parent voluntarily delegate day-to-day decision-making authority to any adult caregiver — grandparent, aunt, uncle, older sibling, family friend — without going to court. Before 2017, this was limited to blood relatives. House Bill 871 expanded it to any adult the parent authorizes.

The agreement covers:

• Enrolling the child in school
• Consenting to medical, dental, psychological and surgical treatment
• Authorizing immunizations and prescriptions
• Obtaining and maintaining health and auto insurance
• Getting a state ID, learner's permit or driver's license for the child
• Applying for public benefits on the child's behalf

It does not transfer legal custody, modify parental rights or create a child support obligation. The parent can demand the child's return at any time.

Who Can Sign

Any parent can execute a Chapter 34 agreement. One parent's signature is enough, though both may sign. The caregiver does not need to be a relative — "adult caregiver" means any adult the parent authorizes under § 34.0015.

Two critical limits: written court permission is required if there is a court order or pending suit affecting the parent-child relationship, pending litigation in any court about custody, possession, placement, access or visitation, or a court has continuing, exclusive jurisdiction. And only one authorization agreement can be in effect for a child at a time — signing a second one while the first is active makes the second one void.

How to Execute It

The statutory form is DFPS Form 2638 ("Authorization Agreement for Voluntary Adult Caregiver"), available from the DFPS website and TexasLawHelp.org. But Texas law does not require that specific form — another form can be used if it contains all information and disclosures required by § 34.003 and is signed and sworn before a notary as required by § 34.004.

What the law does require:

1. Notarization: Both the parent and caregiver must sign and swear before a notary public. This is a jurat (sworn oath), not a simple acknowledgment of identity. An unsworn declaration does not satisfy Chapter 34.
2. 10-day notice (when required): If both parents did not sign and the non-signing parent is living and has not had parental rights terminated, the parties must mail a copy within 10 calendar days by certified mail return receipt requested and regular first-class mail, unless the exception in § 34.005(a-2) applies. Failure to comply makes the agreement void.
3. Recommended distribution: Give copies to the child's school and medical providers.

Duration and Renewal

A Chapter 34 agreement is valid for six months and automatically renews every six months unless the agreement specifies an earlier expiration or it is terminated under § 34.008. A party can revoke it by written notice to each party and filing with the clerk of a county where the child resides, lived when the agreement was signed, or the caregiver resides, and with the clerk of each court listed in § 34.008(c)(3).

What Chapter 34 Cannot Do

• It cannot authorize consent to abortion or emergency contraception (§ 34.002(c))
• It cannot override DFPS conservatorship orders
• It does not work for U.S. passport applications — those require both parents' consent under federal regulations (22 CFR § 51.28)
• It does not give the caregiver standing in a custody dispute

When Chapter 34 is not available because a parent refuses to sign or has disappeared, a Chapter 35 Temporary Authorization Order may be an option if the child has resided with an eligible caregiver for 30+ days, the caregiver lacks written authority for the child's care, and no parent, conservator, guardian, or other legal representative is available to give needed consent. The court must dismiss the petition if a parent, conservator, or guardian objects. A SAPCR may be needed to seek conservatorship in a contested case.

The Texas School and Medical Consent Guide includes a step-by-step Chapter 34 execution checklist, the certified mail tracking log and escalation letters for when institutions question the document.

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