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.