By Morrison H.B. No. 706
77R437 KLA-D
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 262.105, Family Code, is amended to read
1-6 as follows:
1-7 Sec. 262.105. FILING PETITION AFTER TAKING POSSESSION OF
1-8 CHILD IN EMERGENCY. (a) When a child is taken into possession
1-9 without a court order, the person taking the child into possession,
1-10 without unnecessary delay, shall:
1-11 (1) file a suit affecting the parent-child
1-12 relationship;
1-13 (2) request the court to appoint an attorney ad litem
1-14 for the child; and
1-15 (3) request an initial hearing to be held by no later
1-16 than the first working day after the date the child is taken into
1-17 possession.
1-18 (b) If the Department of Protective and Regulatory Services
1-19 files a suit affecting the parent-child relationship required under
1-20 Subsection (a)(1) seeking termination of the parent-child
1-21 relationship, the department shall file the suit not later than the
1-22 45th day after the department assumes the care, control, and
1-23 custody of a child under Section 262.302(b).
1-24 SECTION 2. Section 262.109(d), Family Code, is amended to
2-1 read as follows:
2-2 (d) The written notice may be waived by the court at the
2-3 initial hearing:
2-4 (1) on a showing that:
2-5 (A) the parents, conservators, or other
2-6 custodians of the child could not be located; or
2-7 (B) the department took possession of the child
2-8 under Subchapter D; or
2-9 (2) for other good cause.
2-10 SECTION 3. Subchapter C, Chapter 262, Family Code, is
2-11 amended by adding Section 262.2016 to read as follows:
2-12 Sec. 262.2016. AGGRAVATED CIRCUMSTANCES: CERTAIN ABANDONED
2-13 CHILDREN. (a) A court that finds that the Department of Protective
2-14 and Regulatory Services took possession of a child under Subchapter
2-15 D shall:
2-16 (1) waive the requirement of a service plan and the
2-17 requirement to make reasonable efforts to return the child to a
2-18 parent; and
2-19 (2) accelerate the trial schedule to result in a final
2-20 order for the child under the care of the department at an earlier
2-21 date than provided by Subchapter D, Chapter 263.
2-22 (b) The court shall, at any time before the 30th day after
2-23 the date of the finding under Subsection (a), conduct an initial
2-24 permanency hearing under Subchapter D, Chapter 263. Separate notice
2-25 of the permanency plan is not required but may be given with notice
2-26 of a hearing under this section.
2-27 (c) The department shall make reasonable efforts to finalize
3-1 the permanent placement of a child under this section and expedite
3-2 the adoption process. The court shall set the suit for trial on
3-3 the merits as required by Subchapter D, Chapter 263, to facilitate
3-4 permanent placement of the child.
3-5 SECTION 4. Section 262.301, Family Code, is amended to read
3-6 as follows:
3-7 Sec. 262.301. ACCEPTING POSSESSION OF CERTAIN ABANDONED
3-8 CHILDREN. (a) An emergency medical services provider licensed
3-9 under Chapter 773, Health and Safety Code, shall, without a court
3-10 order, take possession of a child who appears to be [is] 30 days
3-11 old or younger if the child is voluntarily delivered to the
3-12 provider by the child's parent and the parent did not express an
3-13 intent to return for the child.
3-14 (b) Unless the emergency medical services provider who takes
3-15 possession of a child under this section suspects the child has
3-16 been abused or neglected, the provider may not pursue the parent
3-17 who delivers the child or prevent the parent from leaving. The
3-18 parent may remain anonymous.
3-19 (c) An emergency medical services provider who takes
3-20 possession of a child under this section shall perform any act
3-21 necessary to protect the physical health or safety of the child.
3-22 SECTION 5. Subchapter D, Chapter 262, Family Code, is
3-23 amended by adding Section 262.304 to read as follows:
3-24 Sec. 262.304. REPORT TO LAW ENFORCEMENT AGENCY;
3-25 INVESTIGATION. (a) Immediately after assuming care, control, and
3-26 custody of a child under Section 262.302, the Department of
3-27 Protective and Regulatory Services shall report the child to
4-1 appropriate state and local law enforcement agencies as a potential
4-2 missing child.
4-3 (b) A law enforcement agency that receives a report under
4-4 Subsection (a) shall investigate whether the child is reported as
4-5 missing.
4-6 SECTION 6. Section 263.3025, Family Code, is amended by
4-7 adding Subsection (d) to read as follows:
4-8 (d) In preparing the permanency plan for a child taken into
4-9 possession under Subchapter D, Chapter 262, the department is not
4-10 required to conduct a search for or give preference to the child's
4-11 relatives for purposes of permanent placement if the department
4-12 does not have information concerning the child's identity or the
4-13 identities of the child's parents.
4-14 SECTION 7. Subchapter E, Chapter 263, Family Code, is
4-15 amended by adding Section 263.405 to read as follows:
4-16 Sec. 263.405. FINAL ORDER APPOINTING DEPARTMENT AS MANAGING
4-17 CONSERVATOR OF CERTAIN ABANDONED CHILDREN; TERMINATION OF PARENTAL
4-18 RIGHTS. (a) In a suit to terminate the parent-child relationship,
4-19 there is a rebuttable presumption that a parent who delivers a
4-20 child to an emergency medical services provider in accordance with
4-21 Subchapter D, Chapter 262, consents to the termination of parental
4-22 rights with regard to the child.
4-23 (b) If a person claims to be the parent of a child taken
4-24 into possession under Subchapter D, Chapter 262, before the court
4-25 renders a final order terminating the parental rights of the
4-26 child's parents, the court shall order genetic testing for
4-27 parentage determination unless parentage has previously been
5-1 established. The court shall hold the petition for termination of
5-2 the parent-child relationship in abeyance for a period not to
5-3 exceed 60 days pending the results of the genetic testing.
5-4 SECTION 8. Section 22.041(h), Penal Code, is amended to read
5-5 as follows:
5-6 (h) It is an exception to the application of this section
5-7 [It is an affirmative defense to prosecution under Subsection (b)]
5-8 that the actor voluntarily delivered the child to an emergency
5-9 medical services provider under Section 262.301, Family Code.
5-10 SECTION 9. (a) The change in law made by Section 263.405,
5-11 Family Code, as added by this Act, applies only to a suit for
5-12 termination of the parent-child relationship filed on or after the
5-13 effective date of this Act.
5-14 (b) A suit for termination of the parent-child relationship
5-15 filed before the effective date of this Act is governed by the law
5-16 in effect on the date the suit was filed, and the former law is
5-17 continued in effect for that purpose.
5-18 SECTION 10. (a) The change in law made by Section
5-19 22.041(h), Penal Code, as amended by this Act, applies only to an
5-20 offense that is committed on or after the effective date of this
5-21 Act. For purposes of this section, an offense is committed before
5-22 the effective date of this Act if any element of the offense occurs
5-23 before that date.
5-24 (b) An offense committed before the effective date of this
5-25 Act is covered by the law in effect when the offense was committed,
5-26 and the former law is continued in effect for that purpose.
5-27 SECTION 11. This Act takes effect September 1, 2001.