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.