By Morrison                                           H.B. No. 3423
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to provisions for the care and disposition of abandoned
 1-3     children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Section 262.004, Family Code, is amended to read
 1-6     as follows:
 1-7           Sec. 262.004.  Accepting Voluntary Delivery of Possession of
 1-8     Child.  (a)  A law enforcement officer or juvenile probation
 1-9     officer may take possession of a child without a court order on the
1-10     voluntary delivery of the child by the parent, managing
1-11     conservator, possessory conservator, guardian, caretaker, or
1-12     custodian who is presently entitled to possession of the child.
1-13           (b)  A provider that is required to have a license or
1-14     certificate under Chapter 773, Health and Safety Code shall take
1-15     possession of a child under the age of six months without a court
1-16     order on the voluntary delivery of the child by the parent,
1-17     managing conservator, possessory conservator, guardian, caretaker,
1-18     or custodian who is presently entitled to possession of the child.
1-19     A provider taking possession of a child under this subsection shall
1-20     immediately notify the Department of Protective and Regulative
1-21     Services of the taking of possession of the child.  The department
 2-1     shall immediately make arrangements for assuming temporary care,
 2-2     custody, and control of a child delivered under this subsection.
 2-3           SECTION 2.  Section 262.005, Family Code, is amended to read
 2-4     as follows:
 2-5           Sec. 262.005.  Filing Petition After Accepting Voluntary
 2-6     Delivery of Possession of Child.  (a) When possession of the child
 2-7     has been acquired through voluntary delivery of the child to a law
 2-8     enforcement officer or juvenile probation officer, the law
 2-9     enforcement officer or juvenile probation officer taking the child
2-10     into possession shall cause a suit to be filed not later than the
2-11     60th day after the date the child was taken into possession.
2-12           (b)  When possession of the child has been acquired through
2-13     voluntary delivery of the child to a provider pursuant to Section
2-14     262.004 (b), the Department of Protective and Regulative Services
2-15     shall cause a suit to be filed not later than the 30th day after
2-16     the date the child was taken into possession.
2-17           SECTION 3.  Subsections (a) and (b), Section 262.008, Family
2-18     Code, are amended to read as follows:
2-19           Sec. 262.008.  Abandoned Children.  (a)  An authorized
2-20     representative of the Department of Protective and Regulative
2-21     Services may assume the care, control, and custody of a child who
2-22     has been voluntarily delivered pursuant to Section 262.004 (b) or:
2-23                 (1)  who is abandoned without identification or a means
2-24     of identifying the child; and
2-25                 (2)  whose identity cannot be ascertained by the
 3-1     exercise of reasonable diligence.
 3-2           (b)  The department shall immediately file a suit to
 3-3     terminate the parent-child relationship of a child under Subsection
 3-4     (a).
 3-5           SECTION 4.  Section 161.001, Family Code, is amended to read
 3-6     as follows:
 3-7           Sec. 161.001.  Involuntary Termination of Parent-Child
 3-8     Relationship.  The court may order termination of the parent-child
 3-9     relationship if the court finds by clear and convincing evidence:
3-10                 (1)  that the parent has:
3-11                       (A)  voluntarily left the child alone or in the
3-12     possession of another not the parent and expressed an intent not to
3-13     return;
3-14                       (B)  voluntarily left the child alone or in the
3-15     possession of another not the parent without expressing an intent
3-16     to return, without providing for the adequate support of the child,
3-17     and remained away for a period of at least three months;
3-18                       (C)  voluntarily left the child alone or in the
3-19     possession of another without providing adequate support of the
3-20     child and remained away for a period of at least six months;
3-21                       (D)  knowingly placed or knowingly allowed the
3-22     child to remain in conditions or surroundings which endanger the
3-23     physical or emotional well-being of the child;
3-24                       (E)  engaged in conduct or knowingly placed the
3-25     child with persons who engaged in conduct which endangers the
 4-1     physical or emotional well-being of the child;
 4-2                       (F)  failed to support the child in accordance
 4-3     with the parent's ability during a period of one year ending within
 4-4     six months of the date of the filing of the petition;
 4-5                       (G)  abandoned the child without identifying the
 4-6     child or furnishing means of identification, and the child's
 4-7     identity cannot be ascertained by the exercise of reasonable
 4-8     diligence;
 4-9                       (H)  voluntarily, and with knowledge of the
4-10     pregnancy, abandoned the mother of the child beginning at a time
4-11     during her pregnancy with the child and continuing through the
4-12     birth, failed to provide adequate support or medical care for the
4-13     mother during the period of abandonment before the birth of the
4-14     child, and remained apart from the child or failed to support the
4-15     child since the birth;
4-16                       (I)  contumaciously refused to submit to a
4-17     reasonable and lawful order of a court under Chapter 264;
4-18                       (J)  been the major cause of:
4-19                             (i)  the failure of the child to be
4-20     enrolled in school as required by the Education Code; or
4-21                             (ii)  the child's absence from the child's
4-22     home without the consent of the parents or guardian for a
4-23     substantial length of time or without the intent to return;
4-24                       (K)  executed before or after the suit is filed
4-25     an unrevoked or irrevocable affidavit of relinquishment of parental
 5-1     rights as provided by this chapter;
 5-2                       (L)  been convicted or has been placed on
 5-3     community supervision, including deferred adjudication community
 5-4     supervision, for being criminally responsible for the death or
 5-5     serious injury of a child under the following sections of the Penal
 5-6     Code or adjudicated under Title 3 for conduct that caused the death
 5-7     or serious injury of a child and that would constitute a violation
 5-8     of one of the following Penal Code sections:
 5-9                             (i)  Section 19.02 (murder);
5-10                             (ii)  Section 19.03 (capital murder);
5-11                             (iii)  Section 21.11 (indecency with a
5-12     child);
5-13                             (iv)  Section 22.01 (assault);
5-14                             (v)  Section 22.011 (sexual assault);
5-15                             (vi)  Section 22.02 (aggravated assault);
5-16                             (vii)  Section 22.021 (aggravated sexual
5-17     assault);
5-18                             (viii)  Section 22.04 (injury to a child,
5-19     elderly individual, or disabled individual);
5-20                             (ix)  Section 22.041 (abandoning or
5-21     endangering child);
5-22                             (x)  Section 25.02 (prohibited sexual
5-23     conduct);
5-24                             (xi)  Section 43.25 (sexual performance by
5-25     a child); and
 6-1                             (xii)  Section 43.26 (possession or
 6-2     promotion of child pornography);
 6-3                       (M)  had his or her parent-child relationship
 6-4     terminated with respect to another child based on a finding that
 6-5     the parent's conduct was in violation of Paragraph (D) or (E) or
 6-6     substantially equivalent provisions of the law of another state;
 6-7                       (N)  constructively abandoned the child who has
 6-8     been in the permanent or temporary managing conservatorship of the
 6-9     Department of Protective and Regulatory Services or an authorized
6-10     agency for not less than six months, and:
6-11                             (i)  the department or authorized agency
6-12     has made reasonable efforts to return the child to the parent;
6-13                             (ii)  the parent has not regularly visited
6-14     or maintained significant contact with the child; and
6-15                             (iii)  the parent has demonstrated an
6-16     inability to provide the child with a safe environment;
6-17                       (O)  failed to comply with the provisions of a
6-18     court order that specifically established the actions necessary for
6-19     the parent to obtain the return of the child who has been in the
6-20     permanent or temporary managing conservatorship of the Department
6-21     of Protective and Regulatory Services for not less than nine months
6-22     as a result of the child's removal from the parent under Chapter
6-23     262 for the abuse or neglect of the child;
6-24                       (P)  used a controlled substance, as defined by
6-25     Chapter 481, Health and Safety Code:
 7-1                             (i)  in a manner that endangered the health
 7-2     or safety of the child, and failed to complete a court-ordered
 7-3     substance abuse treatment program; or
 7-4                             (ii)  repeatedly, after completion of a
 7-5     court-ordered substance treatment program, in a manner that
 7-6     endangered the health or safety of the child;
 7-7                       (Q)  knowingly engaged in criminal conduct that
 7-8     results in the parent's imprisonment and inability to care for the
 7-9     child for not less than two years from the date of filing the
7-10     petition; [or]
7-11                       (R)  been the cause of the child being born
7-12     addicted to alcohol or a controlled substance, other than a
7-13     controlled substance legally obtained by prescription, as defined
7-14     by Section 261.001(7); or
7-15                       (S)  voluntarily delivered a child to a provider
7-16     pursuant to Section 262.004 (b), Family Code; and
7-17                 (2)  that termination is in the best interest of the
7-18     child.
7-19           SECTION 5.  Chapter 773, Health and Safety Code, is amended
7-20     by adding Section 773.0573 to read as follows:
7-21           Sec. 773.0573.  Abandoned Children.  Any provider licensed
7-22     under this chapter shall accept any child voluntarily delivered to
7-23     the provider under Section 262.004 (b), Family Code.  The provider
7-24     shall perform any act necessary to maintain and protect the health
7-25     and well-being of the child.  The provider shall immediately notify
 8-1     the Department of Protective and Regulative Services of the taking
 8-2     of possession of the child.
 8-3           SECTION 6.  Section 22.041, Penal Code, is amended to by
 8-4     adding Subsection (g) to read as follows:
 8-5           (g)  It is a defense to prosecution under this sections if
 8-6     the person voluntarily delivers the child to an authorized provider
 8-7     pursuant to Sec.262.004 (b), Family Code.
 8-8           SECTION 7.  This Act takes effect September 1, 1999.
 8-9           SECTION 8.  The importance of this legislation and the
8-10     crowded condition of the calendars in both houses create an
8-11     emergency and an imperative public necessity that the
8-12     constitutional rule requiring bills to be read on three several
8-13     days in each house be suspended, and this rule is hereby suspended.