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.
4-30 * * * * *