By Coleman                                            H.B. No. 1134
         77R5312 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 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 Subchapter D, Chapter
2-19     261;
2-20                       (J)  been the major cause of:
2-21                             (i)  the failure of the child to be
2-22     enrolled in school as required by the Education Code; or
2-23                             (ii)  the child's absence from the child's
2-24     home without the consent of the parents or guardian for a
2-25     substantial length of time or without the intent to return;
2-26                       (K)  executed before or after the suit is filed
2-27     an unrevoked or irrevocable affidavit of relinquishment of parental
 3-1     rights as provided by this chapter;
 3-2                       (L)  been convicted or has been placed on
 3-3     community supervision, including deferred adjudication community
 3-4     supervision, for being criminally responsible for the death or
 3-5     serious injury of a child under the following sections of the Penal
 3-6     Code or adjudicated under Title 3 for conduct that caused the death
 3-7     or serious injury of a child and that would constitute a violation
 3-8     of one of the following Penal Code sections:
 3-9                             (i)  Section 19.02 (murder);
3-10                             (ii)  Section 19.03 (capital murder);
3-11                             (iii)  Section 19.04 (manslaughter);
3-12                             (iv)  Section 21.11 (indecency with a
3-13     child);
3-14                             (v)  Section 22.01 (assault);
3-15                             (vi)  Section 22.011 (sexual assault);
3-16                             (vii)  Section 22.02 (aggravated assault);
3-17                             (viii)  Section 22.021 (aggravated sexual
3-18     assault);
3-19                             (ix)  Section 22.04 (injury to a child,
3-20     elderly individual, or disabled individual);
3-21                             (x)  Section 22.041 (abandoning or
3-22     endangering child);
3-23                             (xi)  Section 25.02 (prohibited sexual
3-24     conduct);
3-25                             (xii)  Section 43.25 (sexual performance by
3-26     a child); and
3-27                             (xiii)  Section 43.26 (possession or
 4-1     promotion of child pornography);
 4-2                       (M)  had his or her parent-child relationship
 4-3     terminated with respect to another child based on a finding that
 4-4     the parent's conduct was in violation of Paragraph (D) or (E) or
 4-5     substantially equivalent provisions of the law of another state;
 4-6                       (N)  constructively abandoned the child who has
 4-7     been in the permanent or temporary managing conservatorship of the
 4-8     Department of Protective and Regulatory Services or an authorized
 4-9     agency for not less than six months, and:
4-10                             (i)  the department or authorized agency
4-11     has made reasonable efforts to return the child to the parent;
4-12                             (ii)  the parent has not regularly visited
4-13     or maintained significant contact with the child; and
4-14                             (iii)  the parent has demonstrated an
4-15     inability to provide the child with a safe environment;
4-16                       (O)  failed to comply with the provisions of a
4-17     court order that specifically established the actions necessary for
4-18     the parent to obtain the return of the child who has been in the
4-19     permanent or temporary managing conservatorship of the Department
4-20     of Protective and Regulatory Services for not less than nine months
4-21     as a result of the child's removal from the parent under Chapter
4-22     262 for the abuse or neglect of the child;
4-23                       (P)  used a controlled substance, as defined by
4-24     Chapter 481, Health and Safety Code, in a manner that endangered
4-25     the health or safety of the child, and:
4-26                             (i)  failed to complete a court-ordered
4-27     substance abuse treatment program; or
 5-1                             (ii)  after completion of a court-ordered
 5-2     substance abuse treatment program, continued to abuse a controlled
 5-3     substance;
 5-4                       (Q)  knowingly engaged in criminal conduct that
 5-5     has resulted in the parent's:
 5-6                             (i)  conviction of an offense; and
 5-7                             (ii)  confinement or imprisonment and
 5-8     inability to care for the child for not less than two years from
 5-9     the date of filing the petition;
5-10                       (R)  been the cause of the child being born
5-11     addicted to alcohol or a controlled substance, other than a
5-12     controlled substance legally obtained by prescription, as defined
5-13     by Section 261.001; or
5-14                       (S)  voluntarily delivered the child to a
5-15     designated emergency infant care provider [an emergency medical
5-16     services provider] under Section 262.302 [262.301] without
5-17     expressing an intent to return for the child; and
5-18                 (2)  that termination is in the best interest of the
5-19     child.
5-20           SECTION 2. Subchapter D, Chapter 262, Family Code, is amended
5-21     to read as follows:
5-22                   SUBCHAPTER D.  EMERGENCY POSSESSION OF
5-23                         CERTAIN ABANDONED CHILDREN
5-24           Sec. 262.301.  DEFINITIONS. In this chapter:
5-25                 (1)  "Designated emergency infant care provider" means:
5-26                       (A)  an emergency medical services provider;
5-27                       (B)  an employee at a licensed child-placing
 6-1     agency; or
 6-2                       (C)  an employee at a licensed residential
 6-3     child-care provider.
 6-4                 (2)  "Emergency medical services provider" has the
 6-5     meaning assigned that term by Section 773.003, Health and Safety
 6-6     Code.
 6-7                 (3)  "Licensed child-placing agency" means a
 6-8     child-placing agency licensed by the Department of Protective and
 6-9     Regulatory Services under Chapter 42, Human Resources Code.
6-10                 (4)  "Licensed residential child-care provider" means a
6-11     child-care facility licensed by the Department of Protective and
6-12     Regulatory Services under Chapter 42, Human Resources Code, to
6-13     provide residential care to children 24 hours a day, regardless of
6-14     whether the department contracts with the provider to provide
6-15     substitute care to children in the department's managing
6-16     conservatorship.
6-17           Sec. 262.302.  ACCEPTING POSSESSION OF CERTAIN ABANDONED
6-18     CHILDREN. (a)  A designated emergency infant care provider [An
6-19     emergency medical services provider licensed under Chapter 773,
6-20     Health and Safety Code,] shall, without a court order, take
6-21     possession of a child who is 60 [30] days old or younger if the
6-22     child is voluntarily delivered to the provider by the child's
6-23     parent and the parent did not express an intent to return for the
6-24     child.
6-25           (b)  A designated emergency infant care provider [An
6-26     emergency medical services provider] who takes possession of a
6-27     child under this section shall perform any act necessary to protect
 7-1     the physical health or safety of the child.
 7-2           Sec. 262.303 [262.302].  NOTIFICATION OF POSSESSION OF
 7-3     ABANDONED CHILD. (a)  Not later than the close of the first
 7-4     business day after the date on which a designated emergency infant
 7-5     care provider [an emergency medical services provider] takes
 7-6     possession of a child under Section 262.302 [262.301], the provider
 7-7     shall notify the Department of Protective and Regulatory Services
 7-8     that the provider has taken possession of the child.
 7-9           (b)  The department shall assume the care, control, and
7-10     custody of the child immediately on receipt of notice under
7-11     Subsection (a).
7-12           Sec. 262.304 [262.303].  FILING PETITION AFTER ACCEPTING
7-13     POSSESSION OF ABANDONED CHILD. A child for whom the Department of
7-14     Protective and Regulatory Services assumes care, control, and
7-15     custody under Section 262.303 [262.302] shall be treated as a child
7-16     taken into possession without a court order, and the department
7-17     shall take action as required by Section 262.105 with regard to the
7-18     child.
7-19           Sec. 262.305.  REIMBURSEMENT FOR CARE OF ABANDONED CHILD. (a)
7-20     This section applies only to a licensed residential child-care
7-21     provider with whom the department does not contract to provide
7-22     substitute care to children in the department's managing
7-23     conservatorship.
7-24           (b)  The department shall reimburse a licensed residential
7-25     child-care provider subject to this section to whom a child is
7-26     delivered under Section 262.302 for the cost to the provider of
7-27     assuming the care, control, and custody of the child.
 8-1           (c)  The department shall reimburse the provider at the same
 8-2     rate the department would reimburse a provider with whom the
 8-3     department contracts to provide substitute care to children in the
 8-4     department's managing conservatorship.
 8-5           Sec. 262.306.  NOTICE.  Each licensed child-placing agency
 8-6     and licensed residential child-care provider shall post in a
 8-7     conspicuous location a notice stating that the agency or provider
 8-8     is a designated emergency infant care provider location under this
 8-9     subchapter.
8-10           SECTION 3. Section 22.041(h), Penal Code, is amended to read
8-11     as follows:
8-12           (h)  It is an affirmative defense to prosecution under
8-13     Subsection (b) that the actor voluntarily delivered the child to a
8-14     designated emergency infant care provider [an emergency medical
8-15     services provider] under Section 262.302 [262.301], Family Code.
8-16           SECTION 4. (a)  The change in law made by Section 161.001,
8-17     Family Code, as amended by this Act, applies only to a suit for
8-18     termination of the parent-child relationship filed on or after the
8-19     effective date of this Act.
8-20           (b)  A suit for termination of the parent-child relationship
8-21     filed before the effective date of this Act is governed by the law
8-22     in effect on the date the suit was filed, and the former law is
8-23     continued in effect for that purpose.
8-24           SECTION 5. (a)  The change in law made by Section 22.041,
8-25     Penal Code, as amended by this Act, applies only to an offense that
8-26     is committed on or after the effective date of this Act.  For
8-27     purposes of this section, an offense is committed before the
 9-1     effective date of this Act if any element of the offense occurs
 9-2     before that date.
 9-3           (b)  An offense committed before the effective date of this
 9-4     Act is covered by the law in effect when the offense was committed,
 9-5     and the former law is continued in effect for that purpose.
 9-6           SECTION 6.  This Act takes effect immediately if it receives
 9-7     a vote of two-thirds of all the members elected to each house, as
 9-8     provided by Section 39, Article III, Texas Constitution.  If this
 9-9     Act does not receive the vote necessary for immediate effect, this
9-10     Act takes effect September 1, 2001.