BILL ANALYSIS

H.B. 4336

By: Cook

Human Services

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Under current law, parents may voluntarily relinquish custody of their infant who appears to be 60 days old or younger to a designated emergency infant care provider, such as a hospital, fire department, or emergency medical services provider. The bill author has informed the committee that this is commonly referred to as the "Safe Haven" or "Baby Moses" law because women can relinquish custody without fear of prosecution; however, ambiguity exists in situations involving a mother who may wish to surrender the infant immediately after birth while still at a hospital. The bill author has further informed the committee that without clear statutory language affirming that a hospital employee can take emergency possession at that time, uncertainty and delays can arise during a critical window of care and protection for the newborn. H.B. 4336 seeks to strengthen protections for vulnerable infants and provide clarity and reassurance to both parents and medical professionals by clarifying that a hospital employee may take emergency possession of a newborn immediately after the child's birth if the parent voluntarily surrenders the child.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 4336 amends the Family Code to specify that a designated emergency infant care provider, without a court order, must take possession of a child who appears to be 60 days old or younger if the child is voluntarily delivered to the provider by the child's parent by surrendering the child to an employee of a hospital immediately after giving birth to the child.

EFFECTIVE DATE

September 1, 2025.