Bill Text: TX HB2010 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to emergency possession of certain abandoned children by designated emergency infant care providers.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Introduced - Dead) 2023-04-04 - Left pending in committee [HB2010 Detail]
Download: Texas-2023-HB2010-Introduced.html
88R9301 AMF-D | ||
By: Hefner | H.B. No. 2010 |
|
||
|
||
relating to emergency possession of certain abandoned children by | ||
designated emergency infant care providers. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 262.301, Family Code, is amended by | ||
amending Subdivision (1) and adding Subdivisions (3), (4), and (5) | ||
to read as follows: | ||
(1) "Designated emergency infant care provider" | ||
means: | ||
(A) an emergency medical services provider; | ||
(B) a hospital; | ||
(C) a freestanding emergency medical care | ||
facility licensed under Chapter 254, Health and Safety Code; [ |
||
(D) a child-placing agency licensed [ |
||
Human Resources Code, that: | ||
(i) agrees to act as a designated emergency | ||
infant care provider under this subchapter; and | ||
(ii) has on staff a person who is licensed | ||
as a registered nurse under Chapter 301, Occupations Code, or who | ||
provides emergency medical services under Chapter 773, Health and | ||
Safety Code, and who will examine and provide emergency medical | ||
services to a child taken into possession by the agency under this | ||
subchapter; | ||
(E) a fire department; or | ||
(F) a law enforcement agency. | ||
(3) "Fire department" means a department of a local | ||
government that is organized to prevent or suppress fires and is | ||
staffed 24 hours a day by employees of the local government. | ||
(4) "Law enforcement agency" means an office, | ||
department, or other division of a county or municipality in this | ||
state that is staffed 24 hours a day by peace officers licensed | ||
under Chapter 1701, Occupations Code. | ||
(5) "Newborn safety device" means a device installed | ||
by a designated emergency infant care provider in compliance with | ||
Section 262.3025. | ||
SECTION 2. Section 262.302(a), Family Code, is amended to | ||
read as follows: | ||
(a) A designated emergency infant care provider shall, | ||
without a court order, take possession of a child who appears to be | ||
60 days old or younger if: | ||
(1) the child is voluntarily delivered to the provider | ||
by the child's parent by: | ||
(A) leaving the child with an employee of the | ||
provider; or | ||
(B) placing the child in a newborn safety device | ||
located inside the provider's facilities; and | ||
(2) the parent did not express an intent to return for | ||
the child. | ||
SECTION 3. Subchapter D, Chapter 262, Family Code, is | ||
amended by adding Section 262.3025 to read as follows: | ||
Sec. 262.3025. NEWBORN SAFETY DEVICE. (a) A designated | ||
emergency infant care provider may place a newborn safety device | ||
inside the provider's facilities to take possession of a child | ||
under Section 262.302. | ||
(b) A newborn safety device installed by a designated | ||
emergency infant care provider must: | ||
(1) be physically located: | ||
(A) inside a facility that is staffed 24 hours a | ||
day by employees of the provider; and | ||
(B) in an area conspicuous and visible to the | ||
employees of the provider; and | ||
(2) contain an alarm system connected to the device to | ||
audibly notify an employee of the provider that a child has been | ||
placed in the device. | ||
(c) A designated emergency infant care provider that places | ||
a newborn safety device in the provider's facilities shall develop | ||
procedures to regularly verify that the device's alarm system is in | ||
working order. | ||
SECTION 4. This Act takes effect September 1, 2023. |