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.