1-1     By:  Truan                                             S.B. No. 783
 1-2           (In the Senate - Filed February 19, 2001; February 21, 2001,
 1-3     read first time and referred to Committee on Jurisprudence;
 1-4     March 13, 2001, reported favorably by the following vote:  Yeas 7,
 1-5     Nays 0; March 13, 2001, 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 Subchapter D, Chapter
1-49     261;
1-50                       (J)  been the major cause of:
1-51                             (i)  the failure of the child to be
1-52     enrolled in school as required by the Education Code; or
1-53                             (ii)  the child's absence from the child's
1-54     home without the consent of the parents or guardian for a
1-55     substantial length of time or without the intent to return;
1-56                       (K)  executed before or after the suit is filed
1-57     an unrevoked or irrevocable affidavit of relinquishment of parental
1-58     rights as provided by this chapter;
1-59                       (L)  been convicted or has been placed on
1-60     community supervision, including deferred adjudication community
1-61     supervision, for being criminally responsible for the death or
1-62     serious injury of a child under the following sections of the Penal
1-63     Code or adjudicated under Title 3 for conduct that caused the death
1-64     or serious injury of a child and that would constitute a violation
 2-1     of one of the following Penal Code sections:
 2-2                             (i)  Section 19.02 (murder);
 2-3                             (ii)  Section 19.03 (capital murder);
 2-4                             (iii)  Section 19.04 (manslaughter);
 2-5                             (iv)  Section 21.11 (indecency with a
 2-6     child);
 2-7                             (v)  Section 22.01 (assault);
 2-8                             (vi)  Section 22.011 (sexual assault);
 2-9                             (vii)  Section 22.02 (aggravated assault);
2-10                             (viii)  Section 22.021 (aggravated sexual
2-11     assault);
2-12                             (ix)  Section 22.04 (injury to a child,
2-13     elderly individual, or disabled individual);
2-14                             (x)  Section 22.041 (abandoning or
2-15     endangering child);
2-16                             (xi)  Section 25.02 (prohibited sexual
2-17     conduct);
2-18                             (xii)  Section 43.25 (sexual performance by
2-19     a child); and
2-20                             (xiii)  Section 43.26 (possession or
2-21     promotion of child pornography);
2-22                       (M)  had his or her parent-child relationship
2-23     terminated with respect to another child based on a finding that
2-24     the parent's conduct was in violation of Paragraph (D) or (E) or
2-25     substantially equivalent provisions of the law of another state;
2-26                       (N)  constructively abandoned the child who has
2-27     been in the permanent or temporary managing conservatorship of the
2-28     Department of Protective and Regulatory Services or an authorized
2-29     agency for not less than six months, and:
2-30                             (i)  the department or authorized agency
2-31     has made reasonable efforts to return the child to the parent;
2-32                             (ii)  the parent has not regularly visited
2-33     or maintained significant contact with the child; and
2-34                             (iii)  the parent has demonstrated an
2-35     inability to provide the child with a safe environment;
2-36                       (O)  failed to comply with the provisions of a
2-37     court order that specifically established the actions necessary for
2-38     the parent to obtain the return of the child who has been in the
2-39     permanent or temporary managing conservatorship of the Department
2-40     of Protective and Regulatory Services for not less than nine months
2-41     as a result of the child's removal from the parent under Chapter
2-42     262 for the abuse or neglect of the child;
2-43                       (P)  used a controlled substance, as defined by
2-44     Chapter 481, Health and Safety Code, in a manner that endangered
2-45     the health or safety of the child, and:
2-46                             (i)  failed to complete a court-ordered
2-47     substance abuse treatment program; or
2-48                             (ii)  after completion of a court-ordered
2-49     substance abuse treatment program, continued to abuse a controlled
2-50     substance;
2-51                       (Q)  knowingly engaged in criminal conduct that
2-52     has resulted in the parent's:
2-53                             (i)  conviction of an offense; and
2-54                             (ii)  confinement or imprisonment and
2-55     inability to care for the child for not less than two years from
2-56     the date of filing the petition;
2-57                       (R)  been the cause of the child being born
2-58     addicted to alcohol or a controlled substance, other than a
2-59     controlled substance legally obtained by prescription, as defined
2-60     by Section 261.001; or
2-61                       (S)  voluntarily delivered the child to a
2-62     designated emergency infant care provider [an emergency medical
2-63     services provider] under Section 262.302 [262.301] without
2-64     expressing an intent to return for the child; and
2-65                 (2)  that termination is in the best interest of the
2-66     child.
2-67           SECTION 2.  Subchapter D, Chapter 262, Family Code, is
2-68     amended to read as follows:
2-69                   SUBCHAPTER D.  EMERGENCY POSSESSION OF
 3-1                         CERTAIN ABANDONED CHILDREN
 3-2           Sec. 262.301.  DEFINITIONS.  In this chapter:
 3-3                 (1)  "Designated emergency infant care provider" means:
 3-4                       (A)  an emergency medical services provider;
 3-5                       (B)  an employee at a licensed child-placing
 3-6     agency; or
 3-7                       (C)  an employee at a licensed residential
 3-8     child-care provider.
 3-9                 (2)  "Emergency medical services provider" has the
3-10     meaning assigned that term by Section 773.003, Health and Safety
3-11     Code.
3-12                 (3)  "Licensed child-placing agency" means a
3-13     child-placing agency licensed by the Department of Protective and
3-14     Regulatory Services under Chapter 42, Human Resources Code.
3-15                 (4)  "Licensed residential child-care provider" means a
3-16     child-care facility licensed by the Department of Protective and
3-17     Regulatory Services under Chapter 42, Human Resources Code, to
3-18     provide residential care to children 24 hours a day, regardless of
3-19     whether the department contracts with the provider to provide
3-20     substitute care to children in the department's managing
3-21     conservatorship.
3-22           Sec. 262.302.  ACCEPTING POSSESSION OF CERTAIN ABANDONED
3-23     CHILDREN.  (a)  A designated emergency infant care provider [An
3-24     emergency medical services provider licensed under Chapter 773,
3-25     Health and Safety Code,] shall, without a court order, take
3-26     possession of a child who is 60 [30] days old or younger if the
3-27     child is voluntarily delivered to the provider by the child's
3-28     parent and the parent did not express an intent to return for the
3-29     child.
3-30           (b)  A designated emergency infant care provider [An
3-31     emergency medical services provider] who takes possession of a
3-32     child under this section shall perform any act necessary to protect
3-33     the physical health or safety of the child.
3-34           Sec. 262.303 [262.302].  NOTIFICATION OF POSSESSION OF
3-35     ABANDONED CHILD.  (a)  Not later than the close of the first
3-36     business day after the date on which a designated emergency infant
3-37     care provider [an emergency medical services provider] takes
3-38     possession of a child under Section 262.302 [262.301], the provider
3-39     shall notify the Department of Protective and Regulatory Services
3-40     that the provider has taken possession of the child.
3-41           (b)  The department shall assume the care, control, and
3-42     custody of the child immediately on receipt of notice under
3-43     Subsection (a).
3-44           Sec. 262.304 [262.303].  FILING PETITION AFTER ACCEPTING
3-45     POSSESSION OF ABANDONED CHILD.  A child for whom the Department of
3-46     Protective and Regulatory Services assumes care, control, and
3-47     custody under Section 262.303 [262.302] shall be treated as a child
3-48     taken into possession without a court order, and the department
3-49     shall take action as required by Section 262.105 with regard to the
3-50     child.
3-51           Sec. 262.305.  REIMBURSEMENT FOR CARE OF ABANDONED CHILD.
3-52     (a)  This section applies only to a licensed residential child-care
3-53     provider with whom the Department of Protective and Regulatory
3-54     Services does not contract to provide substitute care to children
3-55     in the department's managing conservatorship.
3-56           (b)  The Department of Protective and Regulatory Services
3-57     shall reimburse a licensed residential child-care provider subject
3-58     to this section to whom a child is delivered under Section 262.302
3-59     for the cost to the provider of assuming the care, control, and
3-60     custody of the child.
3-61           (c)  The Department of Protective and Regulatory Services
3-62     shall reimburse the provider at the same rate the department would
3-63     reimburse a provider with whom the department contracts to provide
3-64     substitute care to children in the department's managing
3-65     conservatorship.
3-66           Sec. 262.306.  NOTICE.  Each licensed child-placing agency
3-67     and licensed residential child-care provider shall post in a
3-68     conspicuous location a notice stating that the agency or provider
3-69     is a designated emergency infant care provider location under this
 4-1     subchapter.
 4-2           SECTION 3.  Subsection (h), Section 22.041, Penal Code, is
 4-3     amended to read as follows:
 4-4           (h)  It is an affirmative defense to prosecution under
 4-5     Subsection (b) that the actor voluntarily delivered the child to a
 4-6     designated emergency infant care provider [an emergency medical
 4-7     services provider] under Section 262.302 [262.301], Family Code.
 4-8           SECTION 4.  (a)  The change in law made by Section 161.001,
 4-9     Family Code, as amended by this Act, applies only to a suit for
4-10     termination of the parent-child relationship filed on or after the
4-11     effective date of this Act.
4-12           (b)  A suit for termination of the parent-child relationship
4-13     filed before the effective date of this Act is governed by the law
4-14     in effect on the date the suit was filed, and the former law is
4-15     continued in effect for that purpose.
4-16           SECTION 5.  (a)  The change in law made by Section 22.041,
4-17     Penal Code, as amended by this Act, applies only to an offense that
4-18     is committed on or after the effective date of this Act.  For
4-19     purposes of this section, an offense is committed before the
4-20     effective date of this Act if any element of the offense occurs
4-21     before that date.
4-22           (b)  An offense committed before the effective date of this
4-23     Act is covered by the law in effect when the offense was committed,
4-24     and the former law is continued in effect for that purpose.
4-25           SECTION 6.  This Act takes effect immediately if it receives
4-26     a vote of two-thirds of all the members elected to each house, as
4-27     provided by Section 39, Article III, Texas Constitution.  If this
4-28     Act does not receive the vote necessary for immediate effect, this
4-29     Act takes effect September 1, 2001.
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