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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In this article, “parent” has the meaning assigned by Section 160.102, Family Code.
(b) Except as otherwise provided by this article, a parent of a deceased person is entitled to view the person's body before a justice of the peace or the medical examiner, as applicable, for the county in which the death occurred assumes control over the body under Subchapter B or C, as applicable. If the person's death occurred at a hospital or other health care facility, the parent may view the body at the hospital or facility.
(c) A parent of a deceased person may not view the person's body after the justice of the peace or medical examiner described by Subsection (b) assumes control over the body unless the parent first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
(d) A parent may view the body of a deceased person under this article whose death is determined to be subject to an inquest under Article 49A.053 or 49A.109, as applicable, provided that the viewing is supervised by:
(1) if law enforcement has assumed control over the body at the time of the viewing, an appropriate peace officer or, with the officer's consent, a person described by Subdivision (2) or (3);
(2) a physician, registered nurse, or licensed vocational nurse; or
(3) the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
(e) During a viewing under this article, a parent of a deceased person whose death is determined to be subject to an inquest under Article 49A.053 or 49A.109 may not have contact with the person's body unless the parent first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
(f) During a viewing under this article, a person may not remove a medical device from or otherwise alter the condition of the body of a deceased person whose death is determined to be subject to an inquest under Article 49A.053 or 49A.109 for purposes of conducting the viewing unless the person first obtains the consent of the justice of the peace or medical examiner or a person acting on behalf of the justice of the peace or medical examiner.
Cite this article: FindLaw.com - Texas Code of Criminal Procedure - CRIM P Art. § 49A.252. Right of Parent of Deceased Person to View Person's Body - last updated January 01, 2024 | https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-49a-252/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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