HBA-MSH, CBW, EDN, KDB H.B. 706 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 706
By: Morrison
Juvenile Justice & Family Issues
8/28/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, an emergency medical services provider was
required to take possession of a child 30 days old or younger if the child
was voluntarily delivered to the provider by the child's parent and the
parent did not express an intent to return for the child.  The provider was
required to notify the Department of Protective and Regulatory Services
(PRS) and PRS was required to assume the care, custody, and control of the
child.  If a person chose to voluntarily deliver the child to a provider,
it was an affirmative defense to prosecution for abandonment or
endangerment of a child.  House Bill 706 enhances protection for a newborn
by expediting permanency placement with a designated emergency infant care
provider, which includes an emergency medical services provider, hospital,
or a licensed child-placing agency, and increases protection for mothers
who choose a responsible alternative to newborn abandonment. 

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. 

ANALYSIS

House Bill 706 amends the Family and Penal codes in relation to the
emergency possession of and termination of the parent-child relationship of
certain abandoned children.  The bill amends the Family Code to require the
Department of Protective and Regulatory Services (PRS) to file a suit that
seeks to terminate the parent-child relationship no later than the 45th day
after PRS assumes the care, control, and custody of an abandoned child
(Sec. 262.105). 

House Bill 706 requires a designated emergency infant care provider
(provider), rather than an emergency medical services provider,  to take
possession of a child who appears to be 60 rather than 30 days old or
younger.  The bill provides that a provider who takes possession of a child
has no legal duty to detain or pursue the parent and is prohibited from
doing so unless the child appears to have been abused or neglected.  The
bill provides that the provider has no legal duty to ascertain the parent's
identity and the parent may remain anonymous.  The bill authorizes the
provision to the parent of a form for voluntary disclosure of the child's
medical facts and history.  The bill provides that the provider is not
liable for damages related to the provider's taking possession of,
examining, or treating the child, except for damages related to the
provider's negligence (Sec. 262.302). 

House Bill 706 requires PRS, immediately after assuming care, control, and
custody of a child, to report the child to appropriate state and local law
enforcement agencies as a potential missing child.  The bill also requires
a law enforcement agency that receives a report from PRS to investigate
whether the child is reported as missing (Sec. 262.305).  The bill requires
each provider to post in a conspicuous location a notice stating that the
provider location is a designated provider location and will accept
possession of an abandoned child (Sec. 262.306). The bill requires PRS to
reimburse a provider that takes possession of an abandoned child for the
cost to provider of assuming the care, control, and custody of the child
(Sec. 262.307).   
 
In preparing the permanency plan for an abandoned child taken into
emergency possession, PRS is not required to conduct a search for or give
preference to the child's relatives for purposes of permanent placement if
PRS does not have information concerning the child's identity or the
identities of the child's parents (Sec. 263.3025). 

House Bill 706 provides that, in a suit to terminate the parent-child
relationship, there is a rebuttable presumption that a parent who delivers
a child to a provider consents to the termination of parental rights with
regard to the child.  The bill requires the court to order genetic testing
for parentage determination if a person claims to be a parent of an
abandoned child taken into emergency possession before the court renders a
final order terminating the parental rights of the child's parents, unless
parentage has previously been established.  The bill also requires the
court to hold the petition for termination of the parent-child relationship
in abeyance for a period not to exceed 60 days pending the results of the
genetic testing (Sec. 263.405). 

House Bill 706 amends the Penal Code to provide that it is no longer an
affirmative defense to prosecution of abandoning or endangering a child,
but rather an exception to the application of prosecution, if the actor
voluntarily delivers a child to a provider (Sec. 22.041).  

EFFECTIVE DATE

September 1, 2001.