Texas Adoption Laws, Page 7

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Infant Safe Haven Laws

Infant's Age

Statute: Fam. Code § 262.302

• 60 days old or younger

Who May Relinquish the Infant

Statute: Fam. Code § 262.302

• Parent

Who May Receive the Infant

Statute: Fam. Code § 262.301

• 'Designated emergency infant care provider,' which includes:
  
  
  

  
  • Emergency medical services provider
    
  • Hospital
    
  • Child-placing agency

Responsibilities of the Safe Haven Provider

• Perform any act necessary to protect the child's health and safety
  
• Notify the department no later than the close of the first business day
  
• Offer to the parent a form for voluntary disclosure of medical information

Immunity for the Provider

Statute: Fam. Code § 262.302

Yes

Protection for Relinquishing Parent

Statute: Penal Code § 22.041(h); Fam. Code § 262.303

• The parent may remain anonymous.
  
• Relinquishment to a safe haven is an affirmative defense to prosecution for abandoning or endangering a child.

Effect on Parental Rights

Statute: Fam. Code § 262.303

• The Department of Protective and Regulatory Services assumes custody of the child.

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