Texas 2023 - 88th Regular

Texas Senate Bill SB2343 Compare Versions

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1	1	88R15125 AMF-D
2	2	By: Menéndez S.B. No. 2343
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to emergency possession of certain abandoned children by
8	8	designated emergency infant care providers.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 262.301, Family Code, is amended by
11	11	amending Subdivision (1) and adding Subdivisions (3), (4), and (5)
12	12	to read as follows:
13	13	(1) "Designated emergency infant care provider"
14	14	means:
15	15	(A) an emergency medical services provider;
16	16	(B) a hospital;
17	17	(C) a freestanding emergency medical care
18	18	facility licensed under Chapter 254, Health and Safety Code; [or]
19	19	(D) a child-placing agency licensed [by the
20	20	Department of Family and Protective Services] under Chapter 42,
21	21	Human Resources Code, that:
22	22	(i) agrees to act as a designated emergency
23	23	infant care provider under this subchapter; and
24	24	(ii) has on staff a person who is licensed
25	25	as a registered nurse under Chapter 301, Occupations Code, or who
26	26	provides emergency medical services under Chapter 773, Health and
27	27	Safety Code, and who will examine and provide emergency medical
28	28	services to a child taken into possession by the agency under this
29	29	subchapter;
30	30	(E) a fire department; or
31	31	(F) a law enforcement agency.
32	32	(3) "Fire department" means a department of a local
33	33	government that is organized to prevent or suppress fires and is
34	34	staffed 24 hours a day by employees of the local government.
35	35	(4) "Law enforcement agency" means an office,
36	36	department, or other division of a county or municipality in this
37	37	state that is staffed 24 hours a day by peace officers licensed
38	38	under Chapter 1701, Occupations Code.
39	39	(5) "Newborn safety device" means a device installed
40	40	by a designated emergency infant care provider in compliance with
41	41	Section 262.3025.
42	42	SECTION 2. Sections 262.302(a) and (b), Family Code, are
43	43	amended to read as follows:
44	44	(a) A designated emergency infant care provider shall,
45	45	without a court order, take possession of a child who appears to be
46	46	90 [60] days old or younger if:
47	47	(1) the child is voluntarily delivered to the provider
48	48	by the child's parent by:
49	49	(A) leaving the child with an employee of the
50	50	provider; or
51	51	(B) placing the child in a newborn safety device
52	52	located inside the provider's facilities; and
53	53	(2) the parent did not express an intent to return for
54	54	the child.
55	55	(b) A designated emergency infant care provider who takes
56	56	possession of a child under this section has no legal duty to detain
57	57	or pursue the parent and may not do so unless the child appears to
58	58	have been abused or neglected. The designated emergency infant
59	59	care provider has no legal duty to ascertain the parent's identity
60	60	and the parent may remain anonymous. However, the parent may be
61	61	given a form for voluntary disclosure of the child's medical facts
62	62	and history. If a designated emergency infant care provider has a
63	63	form for voluntary disclosure of a child's medical facts and
64	64	history, the provider shall make the form available on the
65	65	provider's Internet website.
66	66	SECTION 3. Subchapter D, Chapter 262, Family Code, is
67	67	amended by adding Sections 262.3025 and 262.3055 to read as
68	68	follows:
69	69	Sec. 262.3025. NEWBORN SAFETY DEVICE. (a) A designated
70	70	emergency infant care provider may place a newborn safety device
71	71	inside the provider's facilities to take possession of a child
72	72	under Section 262.302.
73	73	(b) A newborn safety device installed by a designated
74	74	emergency infant care provider must:
75	75	(1) be physically located:
76	76	(A) inside a facility that is staffed 24 hours a
77	77	day by employees of the provider including at least one employee
78	78	qualified to provide emergency medical services;
79	79	(B) in an area conspicuous and visible to the
80	80	employees of the provider; and
81	81	(C) in an area that allows for direct exterior
82	82	access to the device;
83	83	(2) contain an alarm system that:
84	84	(A) audibly notifies the employees of the
85	85	provider that a child has been placed in the device and sounds until
86	86	the child is removed from the device; and
87	87	(B) alerts a local emergency medical services
88	88	provider, as that term is defined in Section 773.003, Health and
89	89	Safety Code, if the child is not removed by an employee in a
90	90	reasonable amount of time; and
91	91	(3) automatically lock the external access point once
92	92	a child has been placed in the device.
93	93	(c) A designated emergency infant care provider that places
94	94	a newborn safety device in the provider's facilities shall:
95	95	(1) develop procedures to verify monthly that the
96	96	device's alarm system is in working order;
97	97	(2) provide annual training for all employees on the
98	98	device's function and operation; and
99	99	(3) conspicuously label the device with:
100	100	(A) identifying information for the device;
101	101	(B) instructions for using the device; and
102	102	(C) a crisis hotline phone number approved by a
103	103	local governing authority.
104	104	Sec. 262.3055. ANNUAL REPORT. (a) The department shall
105	105	publish an annual report that includes:
106	106	(1) the number of children voluntarily delivered to a
107	107	designated emergency infant care provider under Section 262.302;
108	108	(2) the general locations of the designated emergency
109	109	infant care providers who took possession of the children; and
110	110	(3) the methods by which the designated emergency
111	111	infant care providers took possession of the children.
112	112	(b) A report published under this section must comply with
113	113	the confidentiality requirements under Section 262.308.
114	114	SECTION 4. This Act takes effect September 1, 2023.