HBA-SEB C.S.H.B. 3423 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 3423 By: Morrison Juvenile Justice and Family Issues 4/15/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Current law does 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. C.S.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. COMPARISON OF ORIGINAL TO SUBSTITUTE The substitute makes a conforming change in the caption. The substitute modifies the original by deleting the text of SECTIONS 1, 2, 3, and 5 of the original. The substitute redesignates SECTIONS 4, 6, 7, and 8 of the original to SECTIONS 1, 3, 6, and 7 of the substitute. The substitute also adds new text for SECTIONS 2, 4, and 5, which amend different sections of the law, but maintain the theme of the original bill. The substitute modifies SECTION 1, as redesignated from SECTION 4 of the original, by amending 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 voluntarily delivered the child to an emergency medical services provider (provider) without expressing an intent to return for the child. The original would not have mentioned the parent's intention to return for the child. The substitute also authorizes the court to terminate the relationship if the court finds 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). SECTION 1 of the original, which is now deleted, would have amended Section 262.004, Family Code, to make requirements substantially similar to those that appear in SECTION 2 of the substitute. The substitute adds new text for SECTION 2 of the substitute to amend Chapter 262, Family Code, by adding Subchapter D (Emergency Possession of Certain Abandoned Children). Specifications in Subchapter D, composed of Section 262.301 (Accepting Possession of Certain Abandoned Children), Section 262.302 (Notification of Possession of Abandoned Child), and Section 262.303 (Filing Petition After Accepting Possession of Abandoned Child), that differ from the original are as follows: Sec. 262.301. Requires a provider to take possession of a child who is 30 days old or younger, rather than under six months of age, and who is voluntarily delivered by a parent who did not express an intent to return for the child. Sec. 262.303. Requires DPRS to treat a child for whom DPRS has assumed care, control, and custody 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 2 of the original, which is now deleted, would have amended Section 262.005, Family Code, to require DPRS to cause a suit to be filed not later than the 30th day after a child was taken into possession through voluntary delivery of the child to a provider. The substitute modifies SECTION 3 of the substitute, as redesignated from SECTION 6 of the original, to amend Section 22.041, Penal Code, by adding Subsection (h), rather than Subsection (g). Subsection (h) provides that it is an affirmative defense, rather than a defense, to prosecution under Section 22.041(b), rather than proposed Section 262.004(b), which no longer exists. Section 22.041(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 3 of the original, which is now deleted, would have amended Section 262.008, Family Code, to make a conforming change with respect to proposed Section 262.004(b), which is also deleted. SECTION 4 of the substitute adds a prospective clause with respect to Section 161.001, Family Code, as amended by this Act. SECTION 5 of the substitute adds a prospective clause with respect to Section 22.041(h), Penal Code, as added by this Act. SECTION 5 of the original, which is now deleted, would have amended Chapter 773, Health and Safety Code, by adding Section 773.0573, to make requirements substantially similar to those specified in SECTION 2 of the substitute.