House of Representatives

HB 2001

newborn infants; safe haven; immunity

Sponsors: Representative Brimhall

dpa	Committee on Human Services
dpa	Caucus and COW
x	As Passed the House

HB 2001 creates a section of statute relating to the abandonment of newborn infants.

History

In 1999, Texas was the first state to pass legislation pertaining to newborn baby abandonment. During the 2000 legislative session, 24 other states introduced legislation similar to Texas. Twelve states have since adopted laws relating to infant abandonment, including Alabama, Colorado, Connecticut, Florida, Indiana, Louisiana, Minnesota, Michigan, New Jersey, New York, South Carolina and West Virginia. All of these states passed similar legislation containing language stating that the child must be voluntarily surrendered and that the child must be unharmed. However, each state, varies in terms of children's ages and with whom the infant can be left.

Provisions

· Exempts a person from being guilty of child abuse if the newborn infant is left unharmed and with a designated safe haven provider. A parent who delivers a newborn infant under this section shall not be charged with child abuse solely for leaving the newborn infant with a safe haven provider, and declares that the person is not immune from prosecution from any offense based upon any act not covered by this section.

· Requires the safe haven provider to take custody of a newborn infant if the parent or agent of the parent voluntarily delivers the newborn infant and both 1) the parent did not express intent to return for the newborn infant; and 2) the safe haven provider believes the child is a newborn.

· Requires the safe haven provider to report receipt of a newborn infant to Child Protective Services, as soon as practicable, and Child Protective Services shall annually report to the Governor and Legislature the number of newborn infants delivered under this section.

· States that a person who delivers a child to a safe haven provider may remain anonymous, and are not required to answer any questions.

· Stipulates that the safe haven provider is not liable for any civil or other damages if they act in good faith and without gross negligence.

· Defines the terms newborn infant and safe haven provider.

HB 2001 was amended in the Human Services Committee as follows:

· States that a parent who delivers a newborn infant under this section shall not be charged with child abuse solely for leaving the newborn infant with a safe haven provider, and declares that the person is not immune from prosecution from any offense based upon any act not covered by this section.

· Requires Child Protective Services to annually report to the Governor and Legislature the number of newborn infants delivered under this section.

HB 2001 was amended in the Committee of the Whole by adopting the Human Services Committee amendment.

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44th Legislature

Second Regular Session 2 March 16, 2001

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