Tex. Fam. Code § 262.302 · Subchapter D. EMERGENCY POSSESSION OF CERTAIN ABANDONED CHILDREN
ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(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.
Notes and commentary — not statutory text
History
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FA/htm/FA.262.htm
- Text hash
- sha256 3211714f4b724473a17f65f41663b0edc043786157dd4f81a034266a2d04eaab
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 5 provisions
Provisions in this library whose text cites Tex. Fam. Code § 262.302. Each shows the citation as that text prints it.
Family Code
- Tex. Fam. Code § 161.001INVOLUNTARY TERMINATION OF PARENT-CHILD RELATIONSHIP.Printed as Section 262.302
- Tex. Fam. Code § 262.3025NEWBORN SAFETY DEVICE.Printed as Section 262.302
- Tex. Fam. Code § 262.303NOTIFICATION OF POSSESSION OF ABANDONED CHILD.Printed as Section 262.302
- Tex. Fam. Code § 262.307REIMBURSEMENT FOR CARE OF ABANDONED CHILD.Printed as Section 262.302
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.