HBA-EVB S.B. 1607 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1607 By: Whitmire Corrections 5/4/1999 Engrossed BACKGROUND AND PURPOSE Currently, a number of youth committed to the Texas Youth Commission (TYC) have children of their own. In 1997, 13 young women had babies while incarcerated in TYC facilities. These babies were then removed from their mothers and were placed in the care of a guardian or relative to await the mother's release. S.B. 1607 authorizes TYC to establish infant care and parenting programs for children who are parents; authorizes TYC to permit a mother to keep her baby with her for up to 36 months following birth in a residential program that has an infant care and parenting program; and limits TYC's responsibility for the care of the baby. 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. (a) Authorizes the Texas Youth Commission (TYC) to establish infant care and parenting programs for children who are parents. (b) Authorizes TYC to permit a child who is the mother of an infant younger than 36 months to have possession of her infant in a residential program that has an infant care and parenting program until the infant reaches the age of 36 months or the mother is released under supervision if: _the infant's father or another relative or guardian of the infant agrees in advance of the infant's placement with the infant's mother to assume possession of the infant immediately upon notice by TYC to do so; _the infant's parents and any other person having a duty of support acknowledge that by permitting the mother to have possession of the infant while the mother is confined in a residential facility, TYC assumes no responsibility for the infant's care beyond the responsibility of care that is ordinarily due the infant's mother and the reasonable accommodations that are necessary for the mother's care of the infant; _the infant's parents and any other person having a duty of support agree to indemnify and hold TYC harmless from any claims that may be made against TYC for the infant's support, including medical support; and _TYC determines that the placement is in the best interest of both the mother and her infant. SECTION 2. Emergency clause. Effective date: 90 days after adjournment.