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).