By:  Truan                                             S.B. No. 783
                                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
1-25     child with persons who engaged in conduct which endangers the
 2-1     physical or emotional well-being of the child;
 2-2                       (F)  failed to support the child in accordance
 2-3     with the parent's ability during a period of one year ending within
 2-4     six months of the date of the filing of the petition;
 2-5                       (G)  abandoned the child without identifying the
 2-6     child or furnishing means of identification, and the child's
 2-7     identity cannot be ascertained by the exercise of reasonable
 2-8     diligence;
 2-9                       (H)  voluntarily, and with knowledge of the
2-10     pregnancy, abandoned the mother of the child beginning at a time
2-11     during her pregnancy with the child and continuing through the
2-12     birth, failed to provide adequate support or medical care for the
2-13     mother during the period of abandonment before the birth of the
2-14     child, and remained apart from the child or failed to support the
2-15     child since the birth;
2-16                       (I)  contumaciously refused to submit to a
2-17     reasonable and lawful order of a court under Subchapter D, Chapter
2-18     261;
2-19                       (J)  been the major cause of:
2-20                             (i)  the failure of the child to be
2-21     enrolled in school as required by the Education Code; or
2-22                             (ii)  the child's absence from the child's
2-23     home without the consent of the parents or guardian for a
2-24     substantial length of time or without the intent to return;
2-25                       (K)  executed before or after the suit is filed
2-26     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
 4-1                             (xiii)  Section 43.26 (possession or
 4-2     promotion of child pornography);
 4-3                       (M)  had his or her parent-child relationship
 4-4     terminated with respect to another child based on a finding that
 4-5     the parent's conduct was in violation of Paragraph (D) or (E) or
 4-6     substantially equivalent provisions of the law of another state;
 4-7                       (N)  constructively abandoned the child who has
 4-8     been in the permanent or temporary managing conservatorship of the
 4-9     Department of Protective and Regulatory Services or an authorized
4-10     agency for not less than six months, and:
4-11                             (i)  the department or authorized agency
4-12     has made reasonable efforts to return the child to the parent;
4-13                             (ii)  the parent has not regularly visited
4-14     or maintained significant contact with the child; and
4-15                             (iii)  the parent has demonstrated an
4-16     inability to provide the child with a safe environment;
4-17                       (O)  failed to comply with the provisions of a
4-18     court order that specifically established the actions necessary for
4-19     the parent to obtain the return of the child who has been in the
4-20     permanent or temporary managing conservatorship of the Department
4-21     of Protective and Regulatory Services for not less than nine months
4-22     as a result of the child's removal from the parent under Chapter
4-23     262 for the abuse or neglect of the child;
4-24                       (P)  used a controlled substance, as defined by
4-25     Chapter 481, Health and Safety Code, in a manner that endangered
4-26     the health or safety of the child, and:
 5-1                             (i)  failed to complete a court-ordered
 5-2     substance abuse treatment program; or
 5-3                             (ii)  after completion of a court-ordered
 5-4     substance abuse treatment program, continued to abuse a controlled
 5-5     substance;
 5-6                       (Q)  knowingly engaged in criminal conduct that
 5-7     has resulted in the parent's:
 5-8                             (i)  conviction of an offense; and
 5-9                             (ii)  confinement or imprisonment and
5-10     inability to care for the child for not less than two years from
5-11     the date of filing the petition;
5-12                       (R)  been the cause of the child being born
5-13     addicted to alcohol or a controlled substance, other than a
5-14     controlled substance legally obtained by prescription, as defined
5-15     by Section 261.001; or
5-16                       (S)  voluntarily delivered the child to a
5-17     designated emergency infant care provider [an emergency medical
5-18     services provider] under Section 262.302 [262.301] without
5-19     expressing an intent to return for the child; and
5-20                 (2)  that termination is in the best interest of the
5-21     child.
5-22           SECTION 2.  Subchapter D, Chapter 262, Family Code, is
5-23     amended to read as follows:
5-24                   SUBCHAPTER D.  EMERGENCY POSSESSION OF
5-25                         CERTAIN ABANDONED CHILDREN
5-26           Sec. 262.301.  DEFINITIONS.  In this chapter:
 6-1                 (1)  "Designated emergency infant care provider" means:
 6-2                       (A)  an emergency medical services provider;
 6-3                       (B)  an employee at a licensed child-placing
 6-4     agency; or
 6-5                       (C)  an employee at a licensed residential
 6-6     child-care provider.
 6-7                 (2)  "Emergency medical services provider" has the
 6-8     meaning assigned that term by Section 773.003, Health and Safety
 6-9     Code.
6-10                 (3)  "Licensed child-placing agency" means a
6-11     child-placing agency licensed by the Department of Protective and
6-12     Regulatory Services under Chapter 42, Human Resources Code.
6-13                 (4)  "Licensed residential child-care provider" means a
6-14     child-care facility licensed by the Department of Protective and
6-15     Regulatory Services under Chapter 42, Human Resources Code, to
6-16     provide residential care to children 24 hours a day, regardless of
6-17     whether the department contracts with the provider to provide
6-18     substitute care to children in the department's managing
6-19     conservatorship.
6-20           Sec. 262.302.  ACCEPTING POSSESSION OF CERTAIN ABANDONED
6-21     CHILDREN.  (a)  A designated emergency infant care provider [An
6-22     emergency medical services provider licensed under Chapter 773,
6-23     Health and Safety Code,] shall, without a court order, take
6-24     possession of a child who is 60 [30] days old or younger if the
6-25     child is voluntarily delivered to the provider by the child's
6-26     parent and the parent did not express an intent to return for the
 7-1     child.
 7-2           (b)  A designated emergency infant care provider [An
 7-3     emergency medical services provider] who takes possession of a
 7-4     child under this section shall perform any act necessary to protect
 7-5     the physical health or safety of the child.
 7-6           Sec. 262.303 [262.302].  NOTIFICATION OF POSSESSION OF
 7-7     ABANDONED CHILD.  (a)  Not later than the close of the first
 7-8     business day after the date on which a designated emergency infant
 7-9     care provider [an emergency medical services provider] takes
7-10     possession of a child under Section 262.302 [262.301], the provider
7-11     shall notify the Department of Protective and Regulatory Services
7-12     that the provider has taken possession of the child.
7-13           (b)  The department shall assume the care, control, and
7-14     custody of the child immediately on receipt of notice under
7-15     Subsection (a).
7-16           Sec. 262.304 [262.303].  FILING PETITION AFTER ACCEPTING
7-17     POSSESSION OF ABANDONED CHILD.  A child for whom the Department of
7-18     Protective and Regulatory Services assumes care, control, and
7-19     custody under Section 262.303 [262.302] shall be treated as a child
7-20     taken into possession without a court order, and the department
7-21     shall take action as required by Section 262.105 with regard to the
7-22     child.
7-23           Sec. 262.305.  REIMBURSEMENT FOR CARE OF ABANDONED CHILD.
7-24     (a)  This section applies only to a licensed residential child-care
7-25     provider with whom the Department of Protective and Regulatory
7-26     Services does not contract to provide substitute care to children
 8-1     in the department's managing conservatorship.
 8-2           (b)  The Department of Protective and Regulatory Services
 8-3     shall reimburse a licensed residential child-care provider subject
 8-4     to this section to whom a child is delivered under Section 262.302
 8-5     for the cost to the provider of assuming the care, control, and
 8-6     custody of the child.
 8-7           (c)  The Department of Protective and Regulatory Services
 8-8     shall reimburse the provider at the same rate the department would
 8-9     reimburse a provider with whom the department contracts to provide
8-10     substitute care to children in the department's managing
8-11     conservatorship.
8-12           Sec. 262.306.  NOTICE.  Each licensed child-placing agency
8-13     and licensed residential child-care provider shall post in a
8-14     conspicuous location a notice stating that the agency or provider
8-15     is a designated emergency infant care provider location under this
8-16     subchapter.
8-17           SECTION 3.  Subsection (h), Section 22.041, Penal Code, is
8-18     amended to read as follows:
8-19           (h)  It is an affirmative defense to prosecution under
8-20     Subsection (b) that the actor voluntarily delivered the child to a
8-21     designated emergency infant care provider [an emergency medical
8-22     services provider] under Section 262.302 [262.301], Family Code.
8-23           SECTION 4.  (a)  The change in law made by Section 161.001,
8-24     Family Code, as amended by this Act, applies only to a suit for
8-25     termination of the parent-child relationship filed on or after the
8-26     effective date of this Act.
 9-1           (b)  A suit for termination of the parent-child relationship
 9-2     filed before the effective date of this Act is governed by the law
 9-3     in effect on the date the suit was filed, and the former law is
 9-4     continued in effect for that purpose.
 9-5           SECTION 5.  (a)  The change in law made by Section 22.041,
 9-6     Penal Code, as amended by this Act, applies only to an offense that
 9-7     is committed on or after the effective date of this Act.  For
 9-8     purposes of this section, an offense is committed before the
 9-9     effective date of this Act if any element of the offense occurs
9-10     before that date.
9-11           (b)  An offense committed before the effective date of this
9-12     Act is covered by the law in effect when the offense was committed,
9-13     and the former law is continued in effect for that purpose.
9-14           SECTION 6.  This Act takes effect immediately if it receives
9-15     a vote of two-thirds of all the members elected to each house, as
9-16     provided by Section 39, Article III, Texas Constitution.  If this
9-17     Act does not receive the vote necessary for immediate effect, this
9-18     Act takes effect September 1, 2001.