By: Hughes, et al. S.B. No. 780
(Hefner)
A BILL TO BE ENTITLED
AN ACT
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; [or]
(D) a child-placing agency licensed [by the
Department of Family and Protective Services] under Chapter 42,
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.