Enrolled Bill Summary

            House Bill 3423 amends provisions of the Family Code relating to certain abandoned children. The act allows a court to order involuntary termination of the parent-child relationship if the parent voluntarily delivered the child to an emergency medical services provider without expressing an intent to return for the child. The act requires an emergency medical services provider, without a court order, to take possession of a child who is 30 days old or younger if the child is voluntarily delivered by the child's parent and the parent does not express an intent to return for the child. It also requires the provider to protect the health and safety of the child and to notify the Department of Protective and Regulatory Services of the child's abandonment within the first business day after the provider takes custody of the child. The department is required to take possession of the child immediately and to file the appropriate petitions to take court-ordered custody of the child.

            House Bill 3423 amends the Penal Code to create an affirmative defense to prosecution for the abandonment of a child if the child was voluntarily delivered to an emergency medical services provider.