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.