Texas Family Code

§ 262.302 — ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN

FA § 262.302Title 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · Part E. PROTECTION OF THE CHILD · Ch. 262. PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD · Art. D. EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN

Statute text

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(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.

(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.

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Legislative history

Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 2, eff. September 1, 2023.