SRC-DPW S.B. 1607 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1607
By: Whitmire
Criminal Justice
6/29/1999
Enrolled


DIGEST 

Currently, a substantial number of youth committed to the Texas Youth
Commission (TYC) have children of their own.  In 1997, 13 young women had
babies while incarcerated in TYC facilities. These babies were then removed
from their mothers and were placed in the care of a guardian or relative to
await the mother's release.  One study estimates that children with an
incarcerated parent may be almost six times more likely than their
counterparts to be incarcerated.  This bill will authorize TYC to establish
programs that prepare child-mothers not only to be successfully
reestablished into the community, but to be good parents as well; authorize
TYC to permit a mother to keep her baby with her for up to 36 months
following birth; and would limit TYC's responsibility for the care of the
baby. 

PURPOSE

As enrolled, S.B. 1607 establishes an infant care and parenting program in
the Texas Youth Commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 61E, Human Resources Code, by adding Section
61.0762, as follows: 

Sec. 61.0762. INFANT CARE AND PARENTING PROGRAM. Authorizes the Texas Youth
Commission (TYC) to establish infant care and parenting programs for
children who are parents.  Authorizes TYC to permit a child who is the
mother of an infant younger than 36 months to have possession of her infant
in a residential program that has an infant care and parenting program
until the infant reaches the age of 36 months or the mother is released
under supervision if: the infant's father or other relative agrees in
advance to place the infant in the possession of the infant's mother; the
infant's parents and any other person having a duty of support (duty-bound
person) acknowledge that TYC assumes no responsibility for the infant
beyond the responsibility of care that is ordinarily due the mother and the
reasonable accommodations that are necessary for the care of the infant;
the parents and any duty-bound person agree to indemnify and  hold TYC
harmless from any claims that may be made against TYC for the infant's
support, including medical support; and TYC determines that the placement
is in the best interest of both the child and her infant. 

SECTION 2.Emergency clause.
  Effective date: 90 days after adjournment.