HBA-CBW, EDN, KDB C.S.H.B. 706 77(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 706 By: Morrison Juvenile Justice & Family Issues 3/19/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE Under current law, an emergency medical services provider is required to take possession of a child 30 days old or younger if the child is voluntarily delivered to the provider by the child's parent and the parent does not express an intent to return for the child. The provider is required to notify the Department of Protective and Regulatory Services (DPRS) and DPRS is required to assume the care, custody, and control of the child. If a person chooses to voluntarily deliver the child to a provider, it is an affirmative defense to prosecution for abandonment or endangerment of a child. C.S.H.B. 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 C.S.H.B. 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 (DPRS) to file a suit that seeks to terminate the parent-child relationship no later than the 45th day after DPRS assumes the care, control, and custody of an abandoned child (Sec. 262.105). C.S.H.B. 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 prohibits the provider from pursuing the parent who delivers the child or preventing the parent from leaving, unless the provider suspects the child of being abused or neglected, and authorizes the parent to remain anonymous. The bill provides that the provider is immune from civil or criminal liability for any injury to the child, except for an injury that results from gross negligence (Sec. 262.302). C.S.H.B. 706 requires DPRS, 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 DPRS 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 DPRS 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, DPRS is not required to conduct a search for or give preference to the child's relatives for purposes of permanent placement if DPRS does not have information concerning the child's identity or the identities of the child's parents (Sec. 263.3025). C.S.H.B. 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). C.S.H.B. 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. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 706 modifies the original by requiring a designated emergency infant care provider (provider), rather than an emergency medical services provider, to take possession of an abandoned child who appears to be 60, rather than 30, days old. The substitute provides that a provider is immune from civil and criminal liability for an injury to a child, except for when gross negligence is involved (Sec. 262.302). The substitute sets forth definitions relating to the emergency possession of certain abandoned children (Sec. 262.301). The substitute requires the provider to post a notice stating that the provider is a designated provider location and requires the Department of Protective and Regulatory Services to reimburse the provider for assuming the care, control, and custody of the child (Secs. 262.306 and 262.307).