1-1     By:  Morrison (Senate Sponsor - Nelson)               H.B. No. 3423
 1-2           (In the Senate - Received from the House April 30, 1999;
 1-3     May 3, 1999, read first time and referred to Committee on Health
 1-4     Services; May 12, 1999, reported favorably by the following vote:
 1-5     Yeas 5, Nays 0; May 12, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the emergency possession of and termination of the
 1-9     parent-child relationship of certain abandoned children.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 161.001, Family Code, is amended to read
1-12     as follows:
1-13           Sec. 161.001.  INVOLUNTARY TERMINATION OF PARENT-CHILD
1-14     RELATIONSHIP.  The court may order termination of the parent-child
1-15     relationship if the court finds by clear and convincing evidence:
1-16                 (1)  that the parent has:
1-17                       (A)  voluntarily left the child alone or in the
1-18     possession of another not the parent and expressed an intent not to
1-19     return;
1-20                       (B)  voluntarily left the child alone or in the
1-21     possession of another not the parent without expressing an intent
1-22     to return, without providing for the adequate support of the child,
1-23     and remained away for a period of at least three months;
1-24                       (C)  voluntarily left the child alone or in the
1-25     possession of another without providing adequate support of the
1-26     child and remained away for a period of at least six months;
1-27                       (D)  knowingly placed or knowingly allowed the
1-28     child to remain in conditions or surroundings which endanger the
1-29     physical or emotional well-being of the child;
1-30                       (E)  engaged in conduct or knowingly placed the
1-31     child with persons who engaged in conduct which endangers the
1-32     physical or emotional well-being of the child;
1-33                       (F)  failed to support the child in accordance
1-34     with the parent's ability during a period of one year ending within
1-35     six months of the date of the filing of the petition;
1-36                       (G)  abandoned the child without identifying the
1-37     child or furnishing means of identification, and the child's
1-38     identity cannot be ascertained by the exercise of reasonable
1-39     diligence;
1-40                       (H)  voluntarily, and with knowledge of the
1-41     pregnancy, abandoned the mother of the child beginning at a time
1-42     during her pregnancy with the child and continuing through the
1-43     birth, failed to provide adequate support or medical care for the
1-44     mother during the period of abandonment before the birth of the
1-45     child, and remained apart from the child or failed to support the
1-46     child since the birth;
1-47                       (I)  contumaciously refused to submit to a
1-48     reasonable and lawful order of a court under Chapter 264;
1-49                       (J)  been the major cause of:
1-50                             (i)  the failure of the child to be
1-51     enrolled in school as required by the Education Code; or
1-52                             (ii)  the child's absence from the child's
1-53     home without the consent of the parents or guardian for a
1-54     substantial length of time or without the intent to return;
1-55                       (K)  executed before or after the suit is filed
1-56     an unrevoked or irrevocable affidavit of relinquishment of parental
1-57     rights as provided by this chapter;
1-58                       (L)  been convicted or has been placed on
1-59     community supervision, including deferred adjudication community
1-60     supervision, for being criminally responsible for the death or
1-61     serious injury of a child under the following sections of the Penal
1-62     Code or adjudicated under Title 3 for conduct that caused the death
1-63     or serious injury of a child and that would constitute a violation
1-64     of one of the following Penal Code sections:
 2-1                             (i)  Section 19.02 (murder);
 2-2                             (ii)  Section 19.03 (capital murder);
 2-3                             (iii)  Section 21.11 (indecency with a
 2-4     child);
 2-5                             (iv)  Section 22.01 (assault);
 2-6                             (v)  Section 22.011 (sexual assault);
 2-7                             (vi)  Section 22.02 (aggravated assault);
 2-8                             (vii)  Section 22.021 (aggravated sexual
 2-9     assault);
2-10                             (viii)  Section 22.04 (injury to a child,
2-11     elderly individual, or disabled individual);
2-12                             (ix)  Section 22.041 (abandoning or
2-13     endangering child);
2-14                             (x)  Section 25.02 (prohibited sexual
2-15     conduct);
2-16                             (xi)  Section 43.25 (sexual performance by
2-17     a child); and
2-18                             (xii)  Section 43.26 (possession or
2-19     promotion of child pornography);
2-20                       (M)  had his or her parent-child relationship
2-21     terminated with respect to another child based on a finding that
2-22     the parent's conduct was in violation of Paragraph (D) or (E) or
2-23     substantially equivalent provisions of the law of another state;
2-24                       (N)  constructively abandoned the child who has
2-25     been in the permanent or temporary managing conservatorship of the
2-26     Department of Protective and Regulatory Services or an authorized
2-27     agency for not less than six months, and:
2-28                             (i)  the department or authorized agency
2-29     has made reasonable efforts to return the child to the parent;
2-30                             (ii)  the parent has not regularly visited
2-31     or maintained significant contact with the child; and
2-32                             (iii)  the parent has demonstrated an
2-33     inability to provide the child with a safe environment;
2-34                       (O)  failed to comply with the provisions of a
2-35     court order that specifically established the actions necessary for
2-36     the parent to obtain the return of the child who has been in the
2-37     permanent or temporary managing conservatorship of the Department
2-38     of Protective and Regulatory Services for not less than nine months
2-39     as a result of the child's removal from the parent under Chapter
2-40     262 for the abuse or neglect of the child;
2-41                       (P)  used a controlled substance, as defined by
2-42     Chapter 481, Health and Safety Code:
2-43                             (i)  in a manner that endangered the health
2-44     or safety of the child, and failed to complete a court-ordered
2-45     substance abuse treatment program; or
2-46                             (ii)  repeatedly, after completion of a
2-47     court-ordered substance treatment program, in a manner that
2-48     endangered the health or safety of the child;
2-49                       (Q)  knowingly engaged in criminal conduct that
2-50     results in the parent's imprisonment and inability to care for the
2-51     child for not less than two years from the date of filing the
2-52     petition; [or]
2-53                       (R)  been the cause of the child being born
2-54     addicted to alcohol or a controlled substance, other than a
2-55     controlled substance legally obtained by prescription, as defined
2-56     by Section 261.001; or
2-57                       (S)  voluntarily delivered the child to an
2-58     emergency medical services provider under Section 262.301 without
2-59     expressing an intent to return for the child [261.001(7)]; and
2-60                 (2)  that termination is in the best interest of the
2-61     child.
2-62           SECTION 2.  Chapter 262, Family Code, is amended by adding
2-63     Subchapter D to read as follows:
2-64                   SUBCHAPTER D.  EMERGENCY POSSESSION OF
2-65                         CERTAIN ABANDONED CHILDREN
2-66           Sec. 262.301.  ACCEPTING POSSESSION OF CERTAIN ABANDONED
2-67     CHILDREN.  (a)  An emergency medical services provider licensed
2-68     under Chapter 773, Health and Safety Code, shall, without a court
2-69     order, take possession of a child who is 30 days old or younger if
 3-1     the child is voluntarily delivered to the provider by the child's
 3-2     parent and the parent did not express an intent to return for the
 3-3     child.
 3-4           (b)  An emergency medical services provider who takes
 3-5     possession of a child under this section shall perform any act
 3-6     necessary to protect the physical health or safety of the child.
 3-7           Sec. 262.302.  NOTIFICATION OF POSSESSION OF ABANDONED CHILD.
 3-8     (a)  Not later than the close of the first business day after the
 3-9     date on which an emergency medical services provider takes
3-10     possession of a child under Section 262.301, the provider shall
3-11     notify the Department of Protective and Regulatory Services that
3-12     the provider has taken possession of the child.
3-13           (b)  The department shall assume the care, control, and
3-14     custody of the child immediately on receipt of notice under
3-15     Subsection (a).
3-16           Sec. 262.303.  FILING PETITION AFTER ACCEPTING POSSESSION OF
3-17     ABANDONED CHILD.  A child for whom the Department of Protective and
3-18     Regulatory Services assumes care, control, and custody under
3-19     Section 262.302 shall be treated as a child taken into possession
3-20     without a court order, and the department shall take action as
3-21     required by Section 262.105 with regard to the child.
3-22           SECTION 3.  Section 22.041, Penal Code, is amended by adding
3-23     Subsection (h) to read as follows:
3-24           (h)  It is an affirmative defense to prosecution under
3-25     Subsection (b) that the actor voluntarily delivered the child to an
3-26     emergency medical services provider under Section 262.301, Family
3-27     Code.
3-28           SECTION 4.  (a)  The change in law made by Section 161.001,
3-29     Family Code, as amended by this Act, applies only to a suit for
3-30     termination of the parent-child relationship filed on or after the
3-31     effective date of this Act.
3-32           (b)  A suit for termination of the parent-child relationship
3-33     filed before the effective date of this Act is governed by the law
3-34     in effect on the date the suit was filed, and the former law is
3-35     continued in effect for that purpose.
3-36           SECTION 5.  (a)  The change in law made by Section 22.041(h),
3-37     Penal Code, as added by this Act, applies only to an offense that
3-38     is committed on or after the effective date of this Act.  For
3-39     purposes of this section, an offense is committed before the
3-40     effective date of this Act if any element of the offense occurs
3-41     before that date.
3-42           (b)  An offense committed before the effective date of this
3-43     Act is covered by the law in effect when the offense was committed,
3-44     and the former law is continued in effect for that purpose.
3-45           SECTION 6.  This Act takes effect September 1, 1999.
3-46           SECTION 7.  The importance of this legislation and the
3-47     crowded condition of the calendars in both houses create an
3-48     emergency and an imperative public necessity that the
3-49     constitutional rule requiring bills to be read on three several
3-50     days in each house be suspended, and this rule is hereby suspended.
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