HBA-NIK C.S.H.B. 3250 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3250 By: Allen Corrections 4/16/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE A number of youth incarcerated with the Texas Youth Commission (commission) have children of their own. The infants of young women who give birth while incarcerated are removed from their mothers and placed in the care of a guardian or relative to await their mother's release. C.S.H.B. 3250 authorizes the commission to establish a parenting program. This bill also authorizes the commission to permit a mother to keep her baby with her for up to 36 months following birth. This bill limits the commission's responsibility for the care of the infant, and allows the commission to withdraw its permission to allow the mother's possession of the infant at any time. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter E, Chapter 61, Human Resources Code, by adding Section 61.0762, as follows: Sec. 61.0762. INFANT CARE AND PARENTING PROGRAM. Authorizes the Texas Youth Commission (commission) to establish an infant care and parenting program for children who are parents. Authorizes the commission to permit a child who is the mother of an infant younger than 36 months to have possession of her infant if: _ the infant's father, another relative, or guardian agrees before the infant is placed with the infant's mother, to assume possession of the infant upon commission notification, _the infant's parents and any other person having a duty to support are aware that the commission does not assume responsibility for the infant's care beyond the responsibility of care that is ordinarily due the infant's mother, _ the infant's parents and any other person having a duty of support agree to indemnify and hold the commission harmless for any claims that may be made against the commission for the infant's support, including medical support, and _and the commission determines that the placement is in the best interest of both the child and her infant. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 3250 modifies the original bill in SECTION 1 (proposed Section 61.0762 (b)) by including an additional condition on the authority of the commission to allow a mother to have possession of her infant, which requires that the infant's parent's and any other person having a duty of support agree to indemnity and hold the commission harmless with respect to any claims for support. This substitute also modifies the original by making nonsubstantive changes. C.S.H.B. 3250 modifies the original by using a short, rather than long, emergency clause in SECTION 3.