Tex. Codes » Family Code · TITLE 5. THE PARENT-CHILD RELATIONSHIP AND THE SUIT AFFECTING THE PARENT-CHILD RELATIONSHIP · SUBTITLE E. PROTECTION OF THE CHILD · CHAPTER 262. PROCEDURES IN SUIT BY GOVERNMENTAL ENTITY TO PROTECT HEALTH AND SAFETY OF CHILD
Texas Codes

Tex. Fam. Code § 262.302 (2026)

Accepting Possession Of Certain Abandoned Children

✓ current as of May 2026
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Sec. 262.302. ACCEPTING POSSESSION OF CERTAIN ABANDONED CHILDREN. (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.

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.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Amanda Raquel Mitchell v. State (Tex. App. 2018).
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Amanda Raquel Mitchell v. State (Tex. App. 2018). · cites it 2× “” She contends that the evidence is insufficient to sustain her conviction because none of the State’s witnesses supplied any evidence that she “failed to provide proper care to her child under the Texas Family Code Section 262.302.” In support of her argument, Appellant lists…”
— Tex. Fam. Code § 262.302(a) — 1 case
Amanda Raquel Mitchell v. State (Tex. App. 2018). “” She contends that the evidence is insufficient to sustain her conviction because none of the State’s witnesses supplied any evidence that she “failed to provide proper care to her child under the Texas Family Code Section 262.302.” In support of her argument, Appellant lists…”
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