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Current as of January 01, 2024 | Updated by Findlaw Staff
(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.
(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.
Cite this article: FindLaw.com - Texas Family Code - FAM § 262.302. Accepting Possession of Certain Abandoned Children - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-262-302/
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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