76R11931 KLA-F
By Morrison H.B. No. 3423
Substitute the following for H.B. No. 3423:
By Pickett C.S.H.B. No. 3423
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.