HBA-SEB H.B. 3423 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 3423
By: Morrison
Juvenile Justice and Family Issues
7/15/1999
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 76th Texas Legislature, the law did not authorize a provider
of emergency medical services to take possession of an unwanted baby.  If a
parent of an unwanted baby left the baby at an emergency medical facility,
the baby could receive any necessary medical attention and could then be
turned over to the Department of Protective and Regulatory Services (DPRS)
for the next steps.  
H.B. 3423 requires an emergency medical care provider to take possession of
a child 30 days old or younger if the parent or other person who is
entitled to possess the child voluntarily leaves the child with the
provider and does not express an intent to return for the child.  It also
requires the provider to immediately notify DPRS so that DPRS may make
arrangements for the child's care, custody, and control.  In the event that
a parent or other person chooses to voluntarily leave the child in the
possession of an emergency health care provider, the person may use that
choice as an affirmative defense to a charge of abandoning or endangering a
child.     

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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 161.001, Family Code, to authorize a court to
order the termination of a parent-child relationship if the court finds by
clear and convincing evidence that the parent has been the cause of the
child being born addicted to alcohol or a controlled substance, other than
a prescription, as defined by Section 261.001 (Definitions), rather than
Section 261.001(7) (definition of born addicted to alcohol or a controlled
substance).  Authorizes the court to terminate the relationship if the
court finds that the parent has voluntarily delivered the child to an
emergency medical services provider (provider) under Section 262.301
without expressing an intent to return for the child.  Makes a conforming
change. 

SECTION 2.  Amends Chapter 262, Family Code, by adding Subchapter D, as
follows: 

SUBCHAPTER D.  EMERGENCY POSSESSION OF 
CERTAIN ABANDONED CHILDREN 

Sec. 262.301.  ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN. Requires
a provider licensed under Chapter 773, Health and Safety Code (Emergency
Medical Services), to take possession of a child who is 30 days old or
younger if the child is voluntarily delivered to the provider by the
child's parent and the parent did not express an intent to return for the
child.  Requires a provider to perform any act necessary to protect the
physical health or safety of a child taken into possession by the provider.

Sec. 262.302.  NOTIFICATION OF POSSESSION OF ABANDONED CHILD.  Requires the
provider to notify the Department of Protective and Regulatory Services
(DPRS) that the provider has taken possession of a child under Section
262.301.  Requires the notification to take place not later than the close
of the first business day after taking possession of the child.  Requires
DPRS to assume the care, control, and custody of the child immediately
upon receipt of the notice.    

Sec. 262.303.  FILING PETITION AFTER ACCEPTING POSSESSION OF ABANDONED
CHILD.  Requires DPRS to treat a child for whom DPRS has assumed care,
control, and custody under Section 262.302 as a child taken into possession
without a court order. Requires DPRS to take action as required by Section
262.105 (Filing Petition After Taking Possession of Child in Emergency)
with regard to the child.   

SECTION 3.  Amends Section 22.041, Penal Code, by adding Subsection (h), to
provide that it is an affirmative defense to prosecution under Subsection
(b) if the actor voluntarily delivers a child to a provider under Section
262.301, Family Code.  Subsection (b) provides that a person having
custody, care, or control of a child younger than 15 years commits an
offense if the person intentionally abandons the child in any place under
circumstances that expose the child to an unreasonable risk of harm.   

SECTION 4.  Makes application of the change in law made by Section 161.001,
Family Code, as amended by this Act, prospective. 

SECTION 5.  Makes application of the change in law made by Section
22.041(h), Penal Code, as added by this Act, prospective.   

SECTION 6.  Effective date: September 1, 1999.

SECTION 7.  Emergency clause.