HBA-EDN, KDB H.B. 706 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 706
By: Morrison
Juvenile Justice & Family Issues
2/18/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, an emergency medical services provider (provider) is
required to take possession of a child 30 days old or younger if the child
is voluntarily delivered to the provider by the child's parent, and the
parent does not express an intent to return for the child.  The provider is
required to  notify the Department of Protective and Regulatory Services
(DPRS), and DPRS is required to  assume the care, custody, and control of
the child.  If a person chooses to voluntarily deliver the child to a
provider, it is an affirmative defense to prosecution for abandonment or
endangerment of a child. House Bill 706 enhances protection for a newborn
by expediting permanency placement and increases protection for mothers who
choose a responsible alternative to newborn abandonment. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 706 amends the Family and Penal codes in relation to the
emergency possession of and termination of the parent-child relationship of
certain abandoned children.  The bill amends the Family Code to require the
Department of Protective and Regulatory Services (DPRS) to file a suit that
seeks to terminate the parent-child relationship no later than the 45th day
after DPRS assumes the care, control, and custody of an abandoned child. 

H.B. 706 authorizes the court to waive the written notice requirement if
DPRS or another agency took emergency possession of an abandoned child.
The bill requires a court that finds that DPRS took emergency possession of
an abandoned child to waive the requirement of a service plan and the
requirement to make reasonable efforts to return the child to a parent, and
to accelerate the trial schedule to result in a final order.  The bill
requires the court, at any time before the 30th day after the date of the
finding, to conduct an initial permanency hearing.  The bill authorizes
separate notice of the permanency plan to be given with notice of a hearing
and requires DPRS to make reasonable efforts to finalize the permanent
placement of a child and expedite the adoption process.  The bill also
requires the court to set the suit for trial on the merits as required by
permanency hearings to facilitate permanent placement of the child. 

H.B. 706 requires an emergency medical services provider (provider) to take
possession of a child who appears to be 30 days old or younger.  The bill
prohibits the provider from pursuing the parent who delivers the child or
preventing the parent from leaving, unless the provider suspects the child
of being abused or neglected and authorizes the parent to remain anonymous.

H.B. 706 requires DPRS, immediately after assuming care, control, and
custody of a child, to report the child to appropriate state and local law
enforcement agencies as a potential missing child.  The bill also requires
a law enforcement agency that receives a report from DPRS to investigate
whether the child is reported as missing. 
 
In preparing the permanency plan for an abandoned child taken into
emergency possession, DPRS is not required to conduct a search for or give
preference to the child's relatives for purposes of permanent placement if
DPRS does not have information concerning the child's identity or the
identities of the child's parents. 

H.B. 706 provides that, in a suit to terminate the parent-child
relationship, there is a rebuttable presumption that a parent who delivers
a child to a provider consents to the termination of parental rights with
regard to the child.  The bill requires the court to order genetic testing
for parentage determination, if a person claims to be a parent of an
abandoned child taken into emergency possession before the court renders a
final order terminating the parental rights of the child's parents, unless
parentage has previously been established.  The bill also requires the
court to hold the petition for termination of the parent-child relationship
in abeyance for a period not to exceed 60 days pending the results of the
genetic testing. 

H.B. 706 amends the Penal Code to provide that it is no longer an
affirmative defense to prosecution of abandoning or endangering a child but
rather an exception to the application of prosecution, if the actor
voluntarily delivers a child to a provider. 

EFFECTIVE DATE

September 1, 2001.