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AN ACT
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relating to the termination of parental rights with regard to |
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certain abandoned children. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 263.407(a) and (c), Family Code, are |
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amended to read as follows: |
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(a) There is a rebuttable presumption that a parent who |
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delivers a child to a designated emergency infant care provider in |
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accordance with Subchapter D, Chapter 262: |
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(1) is the child's biological parent; [and] |
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(2) intends to relinquish parental rights and consents |
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to the termination of parental rights with regard to the child; and |
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(3) intends to waive the right to notice of the suit |
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terminating the parent-child relationship. |
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(c) Before the court may render an order terminating [filing
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a petition to terminate the] parental rights with regard to a child |
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taken into the department's custody under Section 262.303, the |
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department must: |
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(1) verify with the National Crime Information Center |
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and state and local law enforcement agencies that the child is not a |
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missing child; and |
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(2) obtain a certificate of the search of the |
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paternity registry under Subchapter E, Chapter 160, not earlier |
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than the date the department estimates to be the 30th day after the |
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child's date of birth. |
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SECTION 2. The change in law made by this Act applies to a |
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child for whom the Department of Family and Protective Services |
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assumes responsibility under Subchapter D, Chapter 262, Family |
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Code, regardless of whether the department assumed responsibility |
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for the child before, on, or after the effective date of this Act. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1747 was passed by the House on May |
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11, 2007, by the following vote: Yeas 137, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1747 was passed by the Senate on May |
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23, 2007, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |