By Morrison                                           H.B. No. 3423
         76R11931 KLA-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the emergency possession of and termination of the
 1-3     parent-child relationship of certain abandoned children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 161.001, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
 1-8     RELATIONSHIP.  The court may order termination of the parent-child
 1-9     relationship if the court finds by clear and convincing evidence:
1-10                 (1)  that the parent has:
1-11                       (A)  voluntarily left the child alone or in the
1-12     possession of another not the parent and expressed an intent not to
1-13     return;
1-14                       (B)  voluntarily left the child alone or in the
1-15     possession of another not the parent without expressing an intent
1-16     to return, without providing for the adequate support of the child,
1-17     and remained away for a period of at least three months;
1-18                       (C)  voluntarily left the child alone or in the
1-19     possession of another without providing adequate support of the
1-20     child and remained away for a period of at least six months;
1-21                       (D)  knowingly placed or knowingly allowed the
1-22     child to remain in conditions or surroundings which endanger the
1-23     physical or emotional well-being of the child;
1-24                       (E)  engaged in conduct or knowingly placed the
 2-1     child with persons who engaged in conduct which endangers the
 2-2     physical or emotional well-being of the child;
 2-3                       (F)  failed to support the child in accordance
 2-4     with the parent's ability during a period of one year ending within
 2-5     six months of the date of the filing of the petition;
 2-6                       (G)  abandoned the child without identifying the
 2-7     child or furnishing means of identification, and the child's
 2-8     identity cannot be ascertained by the exercise of reasonable
 2-9     diligence;
2-10                       (H)  voluntarily, and with knowledge of the
2-11     pregnancy, abandoned the mother of the child beginning at a time
2-12     during her pregnancy with the child and continuing through the
2-13     birth, failed to provide adequate support or medical care for the
2-14     mother during the period of abandonment before the birth of the
2-15     child, and remained apart from the child or failed to support the
2-16     child since the birth;
2-17                       (I)  contumaciously refused to submit to a
2-18     reasonable and lawful order of a court under Chapter 264;
2-19                       (J)  been the major cause of:
2-20                             (i)  the failure of the child to be
2-21     enrolled in school as required by the Education Code; or
2-22                             (ii)  the child's absence from the child's
2-23     home without the consent of the parents or guardian for a
2-24     substantial length of time or without the intent to return;
2-25                       (K)  executed before or after the suit is filed
2-26     an unrevoked or irrevocable affidavit of relinquishment of parental
2-27     rights as provided by this chapter;
 3-1                       (L)  been convicted or has been placed on
 3-2     community supervision, including deferred adjudication community
 3-3     supervision, for being criminally responsible for the death or
 3-4     serious injury of a child under the following sections of the Penal
 3-5     Code or adjudicated under Title 3 for conduct that caused the death
 3-6     or serious injury of a child and that would constitute a violation
 3-7     of one of the following Penal Code sections:
 3-8                             (i)  Section 19.02 (murder);
 3-9                             (ii)  Section 19.03 (capital murder);
3-10                             (iii)  Section 21.11 (indecency with a
3-11     child);
3-12                             (iv)  Section 22.01 (assault);
3-13                             (v)  Section 22.011 (sexual assault);
3-14                             (vi)  Section 22.02 (aggravated assault);
3-15                             (vii)  Section 22.021 (aggravated sexual
3-16     assault);
3-17                             (viii)  Section 22.04 (injury to a child,
3-18     elderly individual, or disabled individual);
3-19                             (ix)  Section 22.041 (abandoning or
3-20     endangering child);
3-21                             (x)  Section 25.02 (prohibited sexual
3-22     conduct);
3-23                             (xi)  Section 43.25 (sexual performance by
3-24     a child); and
3-25                             (xii)  Section 43.26 (possession or
3-26     promotion of child pornography);
3-27                       (M)  had his or her parent-child relationship
 4-1     terminated with respect to another child based on a finding that
 4-2     the parent's conduct was in violation of Paragraph (D) or (E) or
 4-3     substantially equivalent provisions of the law of another state;
 4-4                       (N)  constructively abandoned the child who has
 4-5     been in the permanent or temporary managing conservatorship of the
 4-6     Department of Protective and Regulatory Services or an authorized
 4-7     agency for not less than six months, and:
 4-8                             (i)  the department or authorized agency
 4-9     has made reasonable efforts to return the child to the parent;
4-10                             (ii)  the parent has not regularly visited
4-11     or maintained significant contact with the child; and
4-12                             (iii)  the parent has demonstrated an
4-13     inability to provide the child with a safe environment;
4-14                       (O)  failed to comply with the provisions of a
4-15     court order that specifically established the actions necessary for
4-16     the parent to obtain the return of the child who has been in the
4-17     permanent or temporary managing conservatorship of the Department
4-18     of Protective and Regulatory Services for not less than nine months
4-19     as a result of the child's removal from the parent under Chapter
4-20     262 for the abuse or neglect of the child;
4-21                       (P)  used a controlled substance, as defined by
4-22     Chapter 481, Health and Safety Code:
4-23                             (i)  in a manner that endangered the health
4-24     or safety of the child, and failed to complete a court-ordered
4-25     substance abuse treatment program; or
4-26                             (ii)  repeatedly, after completion of a
4-27     court-ordered substance treatment program, in a manner that
 5-1     endangered the health or safety of the child;
 5-2                       (Q)  knowingly engaged in criminal conduct that
 5-3     results in the parent's imprisonment and inability to care for the
 5-4     child for not less than two years from the date of filing the
 5-5     petition; [or]
 5-6                       (R)  been the cause of the child being born
 5-7     addicted to alcohol or a controlled substance, other than a
 5-8     controlled substance legally obtained by prescription, as defined
 5-9     by Section 261.001; or
5-10                       (S)  voluntarily delivered the child to an
5-11     emergency medical services provider under Section 262.301 without
5-12     expressing an intent to return for the child [261.001(7)]; and
5-13                 (2)  that termination is in the best interest of the
5-14     child.
5-15           SECTION 2.  Chapter 262, Family Code, is amended by adding
5-16     Subchapter D to read as follows:
5-17                   SUBCHAPTER D.  EMERGENCY POSSESSION OF
5-18                         CERTAIN ABANDONED CHILDREN
5-19           Sec. 262.301.  ACCEPTING POSSESSION OF CERTAIN ABANDONED
5-20     CHILDREN.  (a)  An emergency medical services provider licensed
5-21     under Chapter 773, Health and Safety Code, shall, without a court
5-22     order, take possession of a child who is 30 days old or younger if
5-23     the child is voluntarily delivered to the provider by the child's
5-24     parent and the parent did not express an intent to return for the
5-25     child.
5-26           (b)  An emergency medical services provider who takes
5-27     possession of a child under this section shall perform any act
 6-1     necessary to protect the physical health or safety of the child.
 6-2           Sec. 262.302.  NOTIFICATION OF POSSESSION OF ABANDONED CHILD.
 6-3     (a)  Not later than the close of the first business day after the
 6-4     date on which an emergency medical services provider takes
 6-5     possession of a child under Section 262.301, the provider shall
 6-6     notify the Department of Protective and Regulatory Services that
 6-7     the provider has taken possession of the child.
 6-8           (b)  The department shall assume the care, control, and
 6-9     custody of the child immediately on receipt of notice under
6-10     Subsection (a).
6-11           Sec. 262.303.  FILING PETITION AFTER ACCEPTING POSSESSION OF
6-12     ABANDONED CHILD.  A child for whom the Department of Protective and
6-13     Regulatory Services assumes care, control, and custody under
6-14     Section 262.302 shall be treated as a child taken into possession
6-15     without a court order, and the department shall take action as
6-16     required by Section 262.105 with regard to the child.
6-17           SECTION 3.  Section 22.041, Penal Code, is amended by adding
6-18     Subsection (h) to read as follows:
6-19           (h)  It is an affirmative defense to prosecution under
6-20     Subsection (b) that the actor voluntarily delivered the child to an
6-21     emergency medical services provider under Section 262.301, Family
6-22     Code.
6-23           SECTION 4.  (a)  The change in law made by Section 161.001,
6-24     Family Code, as amended by this Act, applies only to a suit for
6-25     termination of the parent-child relationship filed on or after the
6-26     effective date of this Act.
6-27           (b)  A suit for termination of the parent-child relationship
 7-1     filed before the effective date of this Act is governed by the law
 7-2     in effect on the date the suit was filed, and the former law is
 7-3     continued in effect for that purpose.
 7-4           SECTION 5.  (a)  The change in law made by Section 22.041(h),
 7-5     Penal Code, as added by this Act, applies only to an offense that
 7-6     is committed on or after the effective date of this Act.  For
 7-7     purposes of this section, an offense is committed before the
 7-8     effective date of this Act if any element of the offense occurs
 7-9     before that date.
7-10           (b)  An offense committed before the effective date of this
7-11     Act is covered by the law in effect when the offense was committed,
7-12     and the former law is continued in effect for that purpose.
7-13           SECTION 6.  This Act takes effect September 1, 1999.
7-14           SECTION 7.  The importance of this legislation and the
7-15     crowded condition of the calendars in both houses create an
7-16     emergency and an imperative public necessity that the
7-17     constitutional rule requiring bills to be read on three several
7-18     days in each house be suspended, and this rule is hereby suspended.