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.