Tex. Fam. Code § 262.301 et seq.

TEXAS FAMILY CODE Chapter 262, Subchapter D — EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN CHAPTER 262 • PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD 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; (C) a freestanding emergency medical care facility licensed under Chapter 254, Health and Safety Code; (D) a child-placing agency licensed 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; or (E) a fire department. (2) "Emergency medical services provider" has the meaning assigned that term by Section 773.003, Health and Safety Code. (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) "Newborn safety device" means a device installed by a designated emergency infant care provider in compliance with Section 262.3025. Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.165, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 260 (S.B. 1279), Sec. 1, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 1, eff. September 1, 2 Sec. 1.165, eff. April 2, 2015. Acts 2015, 84th Leg., R.S., Ch. 260 (S.B. 1279), Sec. 1, eff. September 1, 2015. Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 1, eff. September 1, 2023. 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: (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. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 1 --- TEXAS FAMILY CODE Chapter 262, Subchapter D — EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN (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. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 2, eff. Septemb amages related to the provider's negligence. Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 2, eff. September 1, 2023. 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. Added by Acts 2023, 88th Leg., R.S., Ch. 1143 (S.B. 780), Sec. 3, eff. September 1, 2023. 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 Family and Protective 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. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.166, eff. April 2, 2015. Sec. 262.304. FILING PETITION AFTER ACCEPTING POSSESSION OF ABANDONED CHILD. A child for whom the Department of Family and Protective Services assumes care, control, and custo eff. April 2, 2015. Sec. 262.304. FILING PETITION AFTER ACCEPTING POSSESSION OF ABANDONED CHILD. A child for whom the Department of Family and Protective 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. Amended by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.167, eff. April 2, 2015. Sec. 262.305. REPORT TO LAW ENFORCEMENT AGENCY; INVESTIGATION. (a) Immediately after assuming care, control, and custody of a child under Section 262.303, the Department of Family and Protective Services shall report the child to appropriate state and local law enforcement agencies as a potential missing child. (b) A law enforcement agency that receives a report under Subsection (a) shall investigate whether the child is reported as missing. Added by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 2 --- TEXAS FAMILY CODE Chapter 262, Subchapter D — EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.168, eff. April 2, 2015. Sec. 262.306. NOTICE. Each designated emergency infant care provider shall post in a conspicuous location a notice stating that the provider is a designated emergency infant care provider location and will accept possession of a child in accordance with this subchapter. Added by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001. Sec. 262.307. REIMBURSEMENT FOR CARE OF ABANDONED CHILD. The Department of Family and Protective Services shall reimburse a designated emergency infant care provider that takes possession of a child under Section 262.302 for the cost to the provider of assuming the care, control, and nProtective Services shall reimburse a designated emergency infant care provider that takes possession of a child under Section 262.302 for the cost to the provider of assuming the care, control, and custody of the child. Added by Acts 2001, 77th Leg., ch. 809, Sec. 4, eff. Sept. 1, 2001. Amended by: Acts 2015, 84th Leg., R.S., Ch. 1 (S.B. 219), Sec. 1.169, eff. April 2, 2015. Sec. 262.308. CONFIDENTIALITY. (a) All identifying information, documentation, or other records regarding a person who voluntarily delivers a child to a designated emergency infant care provider under this subchapter is confidential and not subject to release to any individual or entity except as provided by Subsection (b). (b) Any pleading or other document filed with a court under this subchapter is confidential, is not public information for purposes of Chapter 552, Government Code, and may not be released to a person other than to a party in a suit regarding the child, the party's attorney, or an attorney ad litem or guardian ad litem appointed in the suit. (c) In a suit concerning a child for whom the Department of Family and Protective Services assumes care, control, and custody under this subchapter, the court shall close the hearing to the public unless the court finds that the interests of the child or the public would be better served by opening the hearing to the public. (d) Unless the disclosure, receipt, or use is permitted by this section, a person commits an offense if the person knowingly discloses, receives, uses, or permits the use of information derived from records or files described by this section or knowingly discloses identifying information concerning a person who voluntarily delivers a child to a designated emergency infant care provider. An offense under this subsection is a Class B misdemeanor. Added by Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 1, eff. September 1, 2005. Sec. 262.309. SEARCH FOR RELATIVES NOT REQUIRED. The Department o nder this subsection is a Class B misdemeanor. Added by Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 1, eff. September 1, 2005. Sec. 262.309. SEARCH FOR RELATIVES NOT REQUIRED. The Department of Family and Protective Services is not required to conduct a search for the relatives of a child for whom the department assumes care, control, and custody under this subchapter. Added by Acts 2005, 79th Leg., Ch. 620 (H.B. 2331), Sec. 1, eff. September 1, 2005. Source: Texas Legislature Online (89th Leg., 2nd Called Sess., 2025) Page 3