What is the "Baby Moses Law?"
The "Baby Moses Law" is the common name of a law authorizing a designated emergency infant care provider to take possession of a child appearing to be 60-days-old or younger from the child's parent, if the parent does not express intent to return for the child. You can find this law in the Texas Family Code, Chapter 262, Subchapter D. Emergency Possession of Certain Abandoned Children.
One purpose of the law is to encourage parents who abandon their children to do so with a designated emergency infant care provider rather than at a dangerous location. The law also protects parents from criminal prosecution when they deliver an unharmed child to a designated emergency infant care provider.
If I want to leave my baby at a Safe Baby Site, where can I go?
- You may take your baby to any hospital, fire rescue station, or emergency medical technician (EMT) in the state of Texas.
- Please remember that it is VERY important to give your baby to a person working at one of these facilities. That is the best way to care for your baby.
- People working at these facilities usually have some form of visible identification.
- Tell the person that you want to leave your baby at the Safe Baby Site.
How long can I wait before I take my baby?
- You can take your baby, up to 60 days old.
What will they ask me?
- The people at the Safe Baby Site where you choose to leave your baby may provide you with a voluntary form to fill out that is used to provide medical information for your child. This is NOT an attempt to try to find out who you are. This information will be put in your baby’s records, and may help answer health questions in the future.
- The Safe Baby Site may offer to give you some referrals and help lines that you may want to call in the future if you want to speak with someone about what you have been through.
Is it true that the police will not be called?
- The police will not be called if your unharmed baby (60 days old or less) is brought to a hospital, fire rescue station or EMS station and given to a person who works there.
- If you leave your unharmed baby at a hospital, fire station or with an EMT, you will not be prosecuted for abandonment or neglect.
What happens to my baby?
- If you leave your baby at a fire station or with and EMT, they will give the baby immediate medical care and then transport the baby to the closest hospital.
- The hospital will take care of any additional medical needs that your baby may have.
- The Texas Department of Protective and Regulatory Services (TDPRS) will then take custody of your child.
- After the legal responsibilities are fulfilled by TDPRS, your baby will be placed with caring family.
Why must the baby be 60 days old or less?
- The intent of Baby Moses law is to provide a responsible alternative to desperate mothers.
- The first days of a newborns life are the most critical, and most likely the time that immediate medical attention is required.
1. What is the "Baby Moses Law?"
The "Baby Moses Law" is the common name of a law authorizing a designated emergency infant care provider to take possession of a child appearing to be 60-days-old or younger from the child's parent, if the parent does not express intent to return for the child. You can find this law in the Texas Family Code, Chapter 262, Subchapter D. Emergency Possession of Certain Abandoned Children.
2. What are the purposes of this law?
One purpose of the law is to encourage parents who abandon their children to do so with a designated emergency infant care provider rather than at a dangerous location. The law also protects parents from criminal prosecution when they deliver an unharmed child to a designated emergency infant care provider.
3. How does the law work?
Any parent may voluntarily deliver a child 60 days old or younger to a designated emergency infant care provider when the parent does not express intent to return for the child.
4. What is a designated emergency infant care provider?
Under House Bill 706, which went into effect on September 1, 2001, a child-placing agency (CPA) licensed by DFPS can be a designated emergency infant care provider if the CPA :
- Agrees to act as a designated emergency infant care provider; and
- Has on staff a person who is licensed as a registered nurse under Chapter 301, Occupations Code, or who provides emergency medical services under Chapter 773, Health and Safety Code, and who will examine and provide emergency medical services to a child taken into possession by the agency.
5. What are the responsibilities of a designated CPA emergency infant care provider?
A designated CPA emergency infant care provider must:
- Post a notice in a prominent location that:
- The CPA is a designated emergency infant care provider; and
- It will accept children 60-days-old or younger who are voluntarily delivered by the child's parent, if the parent does not express an intent to return for the child;
- Use prudent judgment to protect the physical health and safety of the child until DFPS takes possession of the child;
- Assess the child for injury or illness;
- Immediately contact your registered nurse or person who provides emergency medical services to evaluate the medical needs of the child;
- Follow through with recommendations for medical treatment;
- Notify DFPS of the possession of the child no later than the close of the first business day after the date the provider takes possession of the child; and
- Provide the child's medical history or any other pertinent information to DFPS.
6. What do the responsibilities of a designated CPA emergency infant care provider not include?
A designated CPA emergency infant care provider 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; and
- Determine the parent's identity. However, the provider may give the parent a form for voluntary disclosure of the child's medical facts and history.