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A BILL TO BE ENTITLED
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AN ACT
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relating to emergency possession of certain abandoned children by |
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designated emergency infant care providers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 262.301, Family Code, is amended by |
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amending Subdivision (1) and adding Subdivisions (3), (4), and (5) |
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to read as follows: |
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(1) "Designated emergency infant care provider" |
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means: |
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(A) an emergency medical services provider; |
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(B) a hospital; |
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(C) a freestanding emergency medical care |
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facility licensed under Chapter 254, Health and Safety Code; [or] |
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(D) a child-placing agency licensed [by the |
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Department of Family and Protective Services] under Chapter 42, |
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Human Resources Code, that: |
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(i) agrees to act as a designated emergency |
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infant care provider under this subchapter; and |
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(ii) has on staff a person who is licensed |
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as a registered nurse under Chapter 301, Occupations Code, or who |
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provides emergency medical services under Chapter 773, Health and |
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Safety Code, and who will examine and provide emergency medical |
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services to a child taken into possession by the agency under this |
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subchapter; |
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(E) a fire department; or |
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(F) a law enforcement agency. |
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(3) "Fire department" means a department of a local |
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government that is organized to prevent or suppress fires and is |
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staffed 24 hours a day by employees of the local government. |
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(4) "Law enforcement agency" means an office, |
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department, or other division of a county or municipality in this |
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state that is staffed 24 hours a day by peace officers licensed |
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under Chapter 1701, Occupations Code. |
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(5) "Newborn safety device" means a device installed |
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by a designated emergency infant care provider in compliance with |
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Section 262.3025. |
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SECTION 2. Sections 262.302(a) and (b), Family Code, are |
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amended to read as follows: |
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(a) A designated emergency infant care provider shall, |
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without a court order, take possession of a child who appears to be |
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90 [60] days old or younger if: |
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(1) the child is voluntarily delivered to the provider |
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by the child's parent by: |
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(A) leaving the child with an employee of the |
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provider; or |
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(B) placing the child in a newborn safety device |
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located inside the provider's facilities; and |
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(2) the parent did not express an intent to return for |
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the child. |
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(b) A designated emergency infant care provider who takes |
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possession of a child under this section has no legal duty to detain |
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or pursue the parent and may not do so unless the child appears to |
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have been abused or neglected. The designated emergency infant |
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care provider has no legal duty to ascertain the parent's identity |
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and the parent may remain anonymous. However, the parent may be |
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given a form for voluntary disclosure of the child's medical facts |
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and history. If a designated emergency infant care provider has a |
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form for voluntary disclosure of a child's medical facts and |
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history, the provider shall make the form available on the |
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provider's Internet website. |
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SECTION 3. Subchapter D, Chapter 262, Family Code, is |
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amended by adding Sections 262.3025 and 262.3055 to read as |
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follows: |
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Sec. 262.3025. NEWBORN SAFETY DEVICE. (a) A designated |
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emergency infant care provider may place a newborn safety device |
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inside the provider's facilities to take possession of a child |
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under Section 262.302. |
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(b) A newborn safety device installed by a designated |
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emergency infant care provider must: |
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(1) be physically located: |
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(A) inside a facility that is staffed 24 hours a |
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day by employees of the provider including at least one employee |
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qualified to provide emergency medical services; |
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(B) in an area conspicuous and visible to the |
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employees of the provider; and |
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(C) in an area that allows for direct exterior |
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access to the device; |
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(2) contain an alarm system that: |
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(A) audibly notifies the employees of the |
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provider that a child has been placed in the device and sounds until |
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the child is removed from the device; and |
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(B) alerts a local emergency medical services |
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provider, as that term is defined in Section 773.003, Health and |
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Safety Code, if the child is not removed by an employee in a |
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reasonable amount of time; and |
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(3) automatically lock the external access point once |
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a child has been placed in the device. |
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(c) A designated emergency infant care provider that places |
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a newborn safety device in the provider's facilities shall: |
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(1) develop procedures to verify monthly that the |
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device's alarm system is in working order; |
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(2) provide annual training for all employees on the |
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device's function and operation; and |
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(3) conspicuously label the device with: |
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(A) identifying information for the device; |
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(B) instructions for using the device; and |
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(C) a crisis hotline phone number approved by a |
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local governing authority. |
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Sec. 262.3055. ANNUAL REPORT. (a) The department shall |
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publish an annual report that includes: |
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(1) the number of children voluntarily delivered to a |
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designated emergency infant care provider under Section 262.302; |
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(2) the general locations of the designated emergency |
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infant care providers who took possession of the children; and |
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(3) the methods by which the designated emergency |
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infant care providers took possession of the children. |
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(b) A report published under this section must comply with |
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the confidentiality requirements under Section 262.308. |
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SECTION 4. This Act takes effect September 1, 2023. |