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


Office of House Bill AnalysisH.B. 3423
By: Morrison
Juvenile Justice and Family Issues
4/7/1999
Introduced



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.  H.B. 3423
requires an emergency medical care provider to take possession of a child
under six months old if the parent or other person who is entitled to
possess the child voluntarily leaves the child with the provider.  It also
requires the provider to immediately notify the 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 a 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 262.004, Family Code, to require a provider that
is required to have a license or certificate under Chapter 773, Health and
Safety Code (Emergency Medical Services), to take possession of a child
under six months of age, without a court order, on the voluntary delivery
of the child by the parent, managing conservator, possessory conservator,
guardian, caretaker, or custodian who is presently entitled to possess the
child.    Requires a provider taking possession of such a child to
immediately notify the Department of Protective and Regulatory Services
(DPRS). Requires DPRS to immediately make arrangements for assuming
temporary care, custody, and control of the child. 

SECTION 2.  Amends 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.   

SECTION 3.  Amends Section 262.008, Family Code, to make a conforming
change. 

SECTION 4.  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 voluntarily delivered a
child to a provider pursuant to Section 262.004(b), Family Code.  Makes a
conforming change. 

SECTION 5.  Amends Chapter 773, Health and Safety Code, by adding Section
773.0573, as follows: 

Sec. 773.0573.  ABANDONED CHILDREN.  Requires any provider licensed under
this chapter to accept any child voluntarily delivered to the provider
under Section 262.004(b), Family Code.  Requires the provider to perform
any act necessary to maintain and protect the health and well-being of the
child.  Requires the provider to immediately notify DPRS of the taking of
possession of the child. 
 
SECTION 6.  Amends Section 22.041, Penal Code, by adding Subsection (g), to
provide that it is a defense to prosecution under this section (Abandoning
or Endangering a Child) if a person voluntarily delivers a child to an
authorized provider pursuant to Section 262.00(b), Family Code. 

SECTION 7.  Effective date: September 1, 1999.

SECTION 8.  Emergency clause.