New Revisions to CPS Handbook 2007 - Texas

This revision of the Child Protective Services Handbook was published on November 1, 2007. Summaries of new revised items are posted below, followed by the edited versions with significant changes noted in red. Not displayed are minor copy editing and formatting changes.

Baby Moses Cases

The items listed below are revised to include:

  ·  the recent change in the law allowing CPS to file for termination of parental rights as a part of the original petition;

  ·  the presumption that the person who delivers the child to the designated emergency infant care provider is the biological parent, and intends to relinquish parental rights; and

  ·  criteria for determining whether or not a child born and left at a hospital constitutes a Baby Moses case.

Changes made for style and clarification are not displayed in revision mode. See:

2360 Baby Moses Cases

2361 Criteria for a Baby Moses Case

2361.1 A Harmed Infant

2361.2 A Designated Emergency Infant Care (DEIC) Provider

2362.3 When Someone Claims to Be a Parent or Relative of the Infant

Correction

Item 7244 is deleted to correct an oversight made during a revision in September 2006, when the information in Item 7244 was incorporated into 7460 Intermittent Alternate Care, Baby-Sitting, Overnight Care, and Respite Care.

2360 Baby Moses Cases

CPS October 2006 November 2007

A Baby Moses case is a specific type of abandonment case in which an infant has been delivered to a designated emergency infant care (DEIC) provider and other statutory criteria are met. The purpose of this law is to encourage parents who might otherwise abandon a newborn in a dumpster or other unsafe place to deliver an infant safely to an appropriate facility. To encourage use of DEIC providers and to promote safety, parents who comply with this law are protected from child abandonment allegations or criminal penalties. Some infants that are delivered to a designated emergency infant care (DEIC) provider are a special subset within the abandoned child definition and are often referred to as cases under the Baby Moses law.

Texas Family Code §§262.302; 262.303; 262.308; 262.309; and 263.407

2361 Criteria for a Baby Moses Case

CPS October 2006 November 2007

An abandoned infant meets the criteria for a Baby Moses case if the infant:

  ·  is known to be or appears to be 60 days old or younger;

  ·  has not been harmed. See 2361.1 A Harmed Infant;

  ·  has been voluntarily delivered to a DEIC provider. See 2361.2 A Designated Emergency Infant Care (DEIC) Provider; and

  ·  is delivered to a DEIC provider by a person (presumed to be a parent) who does not express intent to return for the infant.

When Statutory Criteria Are Not Met

If the criteria for a Baby Moses case are not met (that is, the infant is more than 60 days old, was harmed, or was delivered to a location other than a DEIC provider by someone other than a parent) DFPS must handle the case as it would any other abandonment case. A thorough investigation must be completed, including diligent search efforts to locate parents and relatives of the child. See 2224.1 Thorough Investigations.

When a Child Is Abandoned After Birth in a Medical Facility

If a woman is admitted to a medical facility, gives birth, and leaves the medical facility without the baby, the case would be considered a Baby Moses case if:

  ·  the case meets the general criteria listed in this section;

  ·  the mother indicates in some direct manner that she is unwilling to parent the baby; and

  ·  there is no presumed father.

If a woman is admitted to a medical facility, gives birth, and leaves the medical facility without the baby but does not indicate a deliberate intent not to parent, the worker handles the case as an abandonment case regardless of whether or not there is a presumed father.

When Application of Statutory Criteria Is Unclear

If it is unclear whether a case should be handled as Baby Moses case, the worker consults with supervisory staff, and the DFPS regional attorney. In some instances, the court may close the courtroom and maintain confidentiality as in a Baby Moses case, even though DFPS has determined there is not sufficient basis to terminate parental rights under the Baby Moses statute.

2361.1 A Harmed Infant

CPS October 2006 November 2007

If a “harmed infant” is delivered to a designated emergency infant care (DEIC) provider, the situation is not a Baby Moses case.

The definition of a harmed infant includes, but is not limited to, an infant who:

  ·  appears to have been abused;

  ·  appears to have been neglected; or

  ·  has a positive toxicology screen and other factors (such as the condition of the child) indicate that harm resulted from exposure to alcohol, drugs, poisons, or other substances.

Exposure to Risk of Harm

If an infant is abandoned at a DEIC provider in a manner that causes harm to the infant or exposes the infant to a risk of harm, the case does not qualify as a Baby Moses case. For example, if an infant is left in a remote location in or near a DEIC, where no one is likely to find the child or an infant is left where the child is exposed to severe temperatures or similar dangers, the case is not appropriate for handling as a Baby Moses case. 

2361.2 A Designated Emergency Infant Care (DEIC) Provider

CPS October 2006 November 2007

According to the Baby Moses statutes, the following entities are DEIC providers:

  ·  an emergency medical services provider;

  ·  a hospital; and

  ·  a child-placing agency licensed by DFPS that:

  ·  agrees to act as a DEIC provider, and

  ·  has a licensed registered nurse or licensed emergency services provider on staff.

Texas Family Code §262.301

The following entities are not DEIC providers:

  ·  a DFPS office;

  ·  a police station; or

  ·  any other location that is not noted above as a DEIC provider.

If a parent delivers an infant to an entity that is not a DEIC provider, or delivers an infant in a manner that is not safe, the case does not qualify as a Baby Moses case.

If a woman is admitted to a medical facility and gives birth, then leaves the medical facility without the child, the case does not qualify as a Baby Moses case.

2362 Investigating Cases Under the Baby Moses Law

CPS October 2006 November 2007

After making sure that the infant is safe, the investigator must should immediately determine whether this case meets all of the criteria for a Baby Moses case. See