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A BILL TO BE ENTITLED
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AN ACT
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relating to certain information regarding paternity required to be |
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provided to certain pregnant women and mothers of newborns. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 231, Family Code, is |
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amended by adding Section 231.1121 to read as follows: |
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Sec. 231.1121. PATERNITY INFORMATION FOR PREGNANT WOMEN AND |
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MOTHERS OF NEWBORN CHILDREN. (a) The Title IV-D agency shall |
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develop and periodically update a publication that provides |
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information about paternity establishment and child support, |
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including: |
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(1) the steps necessary for unmarried parents to |
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establish legal paternity; |
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(2) the benefits of paternity establishment for |
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children; |
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(3) the steps necessary to obtain a child support |
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order; |
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(4) the benefits of establishing a legal parenting |
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order; and |
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(5) any other information that the Title IV-D agency |
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determines supports positive father involvement. |
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(b) The Title IV-D agency shall make the publication |
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described by Subsection (a) available on the Title IV-D agency's |
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Internet website in a format that allows the public to view, |
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download, and print the publication. |
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SECTION 2. The heading to Section 161.501, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 161.501. RESOURCE PAMPHLET, [AND] RESOURCE GUIDE, AND |
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INFORMATIONAL MATERIALS REGARDING PATERNITY PROVIDED TO PARENTS OF |
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NEWBORN CHILDREN. |
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SECTION 3. Section 161.501(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A hospital, birthing center, physician, nurse midwife, |
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or midwife who provides prenatal care to a pregnant woman during |
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gestation or at delivery of an infant shall: |
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(1) provide the woman and the father of the infant, if |
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possible, or another adult caregiver for the infant, with a |
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resource pamphlet that includes: |
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(A) a list of the names, addresses, and phone |
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numbers of professional organizations that provide postpartum |
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counseling and assistance to parents relating to postpartum |
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depression and other emotional trauma associated with pregnancy and |
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parenting; |
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(B) information regarding the prevention of |
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shaken baby syndrome including: |
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(i) techniques for coping with anger caused |
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by a crying baby; |
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(ii) different methods for preventing a |
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person from shaking a newborn, infant, or other young child; |
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(iii) the dangerous effects of shaking a |
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newborn, infant, or other young child; and |
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(iv) the symptoms of shaken baby syndrome |
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and who to contact, as recommended by the American Academy of |
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Pediatrics, if a parent suspects or knows that a baby has been |
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shaken in order to receive prompt medical treatment; |
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(C) a list of diseases for which a child is |
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required by state law to be immunized and the appropriate schedule |
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for the administration of those immunizations; |
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(D) the appropriate schedule for follow-up |
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procedures for newborn screening; and |
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(E) information regarding sudden infant death |
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syndrome, including current recommendations for infant sleeping |
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conditions to lower the risk of sudden infant death syndrome; |
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(2) if the woman is a recipient of medical assistance |
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under Chapter 32, Human Resources Code, provide the woman and the |
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father of the infant, if possible, or another adult caregiver with a |
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resource guide that includes information in both English and |
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Spanish relating to the development, health, and safety of a child |
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from birth until age five, including information relating to: |
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(A) selecting and interacting with a primary |
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health care practitioner and establishing a "medical home" for the |
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child; |
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(B) dental care; |
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(C) effective parenting; |
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(D) child safety; |
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(E) the importance of reading to a child; |
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(F) expected developmental milestones; |
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(G) health care resources available in the state; |
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(H) selecting appropriate child care; and |
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(I) other resources available in the state; |
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(3) if the woman is a recipient of medical assistance |
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under Chapter 32, Human Resources Code, provide the woman and the |
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father of the infant, if possible, with the informational materials |
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regarding paternity described by Section 231.1121, Family Code; |
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(4) document in the woman's record that the woman |
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received the resource pamphlet described in Subdivision (1), [and] |
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the resource guide described in Subdivision (2), and the |
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informational materials described in Subdivision (3), if |
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applicable; and |
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(5) [(4)] retain the documentation for at least five |
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years in the hospital's, birthing center's, physician's, nurse |
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midwife's, or midwife's records. |
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SECTION 4. Section 161.502(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The department shall: |
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(1) establish guidelines for the provision of the |
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information required by Section 161.501; |
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(2) make available on the department's website: |
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(A) a printable version of the pamphlet required |
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by Section 161.501(a)(1); [and] |
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(B) a printable version of the resource guide |
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required by Section 161.501(a)(2); and |
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(C) a printable version of the informational |
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materials regarding paternity developed under Section 231.1121, |
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Family Code, or a link to those materials on the Title IV-D agency's |
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Internet website; |
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(3) update the list of resources and required |
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immunizations in the pamphlet required under Subdivision (2)(A) |
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quarterly; |
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(4) make the pamphlet, [and] resource guide, and |
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informational materials regarding paternity required by Section |
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161.501 available for distribution to hospitals, physicians, |
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birthing centers, nurse midwives, and midwives; and |
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(5) coordinate funding for the development, |
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publication, and distribution of the informational pamphlet and |
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resource guide with other health and human services agencies, and |
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solicit funding for the department's duties under this subchapter |
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through means other than appropriations, such as gifts, grants, and |
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sales of sponsorship or advertising. |
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SECTION 5. (a) The Title IV-D agency shall develop and |
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publish the informational materials required by Section 231.1121, |
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Family Code, as added by this Act, not later than November 1, 2011. |
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(b) A hospital, birthing center, physician, nurse midwife, |
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or midwife is not required to comply with Section 161.501, Health |
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and Safety Code, as amended by this Act, until the Title IV-D agency |
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makes the publication available as described by Section 231.1121, |
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Family Code, as added by this Act. |
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(c) The Department of State Health Services is not required |
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to comply with Section 161.502, Health and Safety Code, as amended |
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by this Act, until the Title IV-D agency makes the publication |
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available as described by Section 231.1121, Family Code, as added |
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by this Act. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |