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Click here for the full text of this decision FACTS: On Sept. 30, 2002, 17-year-old G.B. was called out of his high school class and taken to the assistant principal’s office, where he was informed by the assistant principal that a “lady in Fort Worth had some information to give him.” The assistant principal telephoned a paralegal at the Gladney Center, an adoption facility, who told G.B. that A.B. was pregnant and that he was the probable father. In the brief conversation that followed, the paralegal told G.B. that an affidavit of waiver of interest in the child had been faxed to the school, and that he would have to sign it. The assistant principal and two uniformed officers in attendance voluntarily gave G.B. advice on the consequences of signing the affidavit. After 10-15 minutes, G.B. signed the affidavit and was allowed to return to class. He did not receive a copy of the affidavit at the time. The next day, the school principal told G.B. to tell his mother what had happened the day before. G.B.’s mother contacted the Gladney Center, asking to revoke the affidavit and requesting a copy of it. On Oct. 30, G.B. filed a petition to establish parentage, naming A.B. as the mother. He also added A.B.’s parents and the Gladney Center as parties. G.B. also challenged the validity of the affidavit under Family Code �161.106. The trial court severed the issues, and in ruling on the challenge to the affidavit’s validity, held that the waiver complied with �161.106, was voluntarily executed by G.B. and was irrevocable. On appeal, G.B. argues that A.B. and the other parties did not establish by clear and convincing evidence that the affidavit complied with �161.106. He says the affidavit was deficient because he was not provided with a copy of the affidavit at the time he signed it, and that in the affidavit, the Gladney Center was not named managing conservator of the child. He also contends the trial court erred in finding that the affidavit was executed voluntarily. HOLDING: Reversed and rendered. The court conducts a de novo review because in the trial court’s purported findings of fact and conclusions of law did not delineate which of the 42 statements were the findings of facts and which were the conclusion of law. The court then notes that �161.106 allows for both revocable and irrevocable affidavits for purposes of proceedings to waive interest in a child. An affidavit is irrevocable if it designates the Department of Protective and Regulatory Services or a licensed child-placing agency managing conservator of the child. Because the affidavit in this case did not do that, it was not an irrevocable affidavit. An affidavit remains revocable under �161.106 unless it expressly provides that it is irrevocable for no more than 60 days. The affidavit in this case said that it was “final and irrevocable,” contrary to this provision. The statute mentions other situations where affidavits are to be considered revocable, one of which is a statement in the affidavit that it can be revoked within 11 days, and another of which is the inclusion of the name and address of the person to whom the revocation would be delivered. The affidavit in this case did not meet either requirement. Finally, the statute requires the party signing the affidavit to be provided with a copy, which G.B. was not. “Considering that parental rights are of constitutional dimension, that the proceeding is to be strictly scrutinized . . . and applying the plain meaning of section 161.106, we . . . hold that the affidavit [G.B.] signed did not comply with section 161.106 of the Code and was not irrevocable under section 161.106.” OPINION: Reavis, J.; Johnson, C.J., Quinn and Reavis, JJ.

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