SUBCHAPTER D. EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN

 

Sec. 262.301.  DEFINITIONS.  In this chapter:

(1)  "Designated emergency infant care provider" means:

(A)  an emergency medical services provider;

(B)  a hospital;  or

(C)  a child-placing agency licensed by the Department of Protective and Regulatory 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.

(2)  "Emergency medical services provider" has the meaning assigned that term by Section 773.003, Health and Safety Code.

Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.

 

Sec. 262.302.  ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN.  (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 the child is voluntarily delivered to the provider by the child's parent and the parent did not express an intent to return for the child.

(b)  A designated emergency infant care provider who takes possession of a child under this section has no legal duty to detain or pursue the parent and may not do so unless the child appears to have been abused or neglected.  The designated emergency infant care provider has no legal duty to ascertain the parent's identity and the parent may remain anonymous.  However, the parent may be given a form for voluntary disclosure of the child's medical facts and history.

(c)  A designated emergency infant care provider who takes possession of a child under this section shall perform any act necessary to protect the physical health or safety of the child.  The designated emergency infant care provider is not liable for damages related to the provider's taking possession of, examining, or treating the child, except for damages related to the provider's negligence.

 

Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.

 

Sec. 262.303.  NOTIFICATION OF POSSESSION OF ABANDONED CHILD.  (a)  Not later than the close of the first business day after the date on which a designated emergency infant care provider takes possession of a child under Section 262.302, the provider shall notify the Department of Protective and Regulatory Services that the provider has taken possession of the child.

(b)  The department shall assume the care, control, and custody of the child immediately on receipt of notice under Subsection (a).

 

Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001.

 

Sec. 262.304.  FILING PETITION AFTER ACCEPTING POSSESSION OF ABANDONED CHILD.  A child for whom the Department of Protective and Regulatory Services assumes care, control, and custody under Section 262.303 shall be treated as a child taken into possession without a court order, and the department shall take action as required by Section 262.105 with regard to the child.