Birth Statutes Session Susanna Sparkman Field Services Area Representative Albert Rivera Field Services Program Manager Welcome and introductions

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Birth Statutes Questions Ready, set, go!

Birth Statutes Session Answers

A mother may choose not to have her child’s birth registered so long as she cites her constitutional right to privacy.

“The birth of each child born in this state shall be registered.” A mother may choose not to have her child’s birth registered so long as she cites her constitutional right to privacy. FALSE according to HSC 192.001 “The birth of each child born in this state shall be registered.” If you find yourself in this situation, you can: Enter it with information you have Infant (in first) of (middle) last name of mother (in last) Baby boy last name of mother (in last) info from hospital Info you don’t have leave blank or put unknown (if req)

A baby is born on August 5 at 10:30 PM A baby is born on August 5 at 10:30 PM. According to Texas law, what is the deadline for filing the birth certificate?

A baby is born on August 5 at 10:30 PM A baby is born on August 5 at 10:30 PM. According to Texas law, what is the deadline for filing the birth certificate? August 10 according to HSC 192.003 (d) “Except as provided by Subsection (e), a person required to file a birth certificate or report a birth shall file the certificate or make the report not later than the fifth day after the date of the birth.” Exception: Basically can be extended to 15 days based on a parent’s religious beliefs HSC 192.003 (e) Based on a parent's religious beliefs, a parent may request that a person required to file a birth certificate or report a birth delay filing the certificate or making the report until the parent contacts the person with the child's name.  If a parent does not name the child before the fifth day after the date of the birth due to the parent's religious beliefs, the parent must contact the person required to file the birth certificate or report the birth with the name of the child as soon as the child is named.  A person required to file the birth certificate or report the birth who delays filing the certificate or making the report in accordance with the parent's request shall file the certificate or make the report not later than the 15th day after the date of the child's birth.

Which of the following are responsibilities in the birth registration process? Maintain compliance with the TER User Agreement Verify the infant is examined by a pediatrician Maintain VSU training requirements Comply with Texas Health and Safety Code reqs Meet the OAG’s AOP certification reqs for staff training

Which of the following are responsibilities in the birth registration process? Maintain compliance with the TER User Agreement TAC 181.13 (c) Verify the infant is examined by a pediatrician *Maintain VSU training requirements Comply with Texas Health and Safety Code reqs TAC 181.26 (a) Meet the OAG’s AOP certification reqs for staff training TAC 55.406 Maintain compliance with TER User Agreement Rule §181.13 - Birth Certificate Form and Content (c) Hospitals, licensed birthing centers, midwives, and local registration officials must comply with the User Agreement in order to participate in electronic birth registration. Comply with Texas HSC reqs Rule §181.26 - Filing Of Birth Certificates For Infants Born Outside Of A Licensed Institution All certificates of birth shall be filed as required by the Health and Safety Code, §192.001. Meet the OAG’s AOP certification reqs for staff training Rule §55.406 - Entities Providing Paternity Establishment Services The following entities must provide voluntary paternity establishment services after being certified by the Office of the Attorney General: all public and private birthing hospitals; all birthing centers; the Texas Department of State Health Services, Vital Statistics Unit; and a registered nurse working in a partnership program funded through the nurse-family partnership competitive grant program under Chapter 531, Subchapter M, Texas Government Code. The following entities may provide voluntary paternity establishment services at their option, but only after being certified by the Office of the Attorney General: local birth registrars; public health clinics; private health care providers; certified nurse midwives; licensed midwives; agencies providing assistance or services under Title IV, Part A of the Social Security Act, agencies providing food stamp eligibility service, and agencies providing child support enforcement (IV-D) services; Head Start, child care facilities, and individual child care providers; community action agencies and community action programs; secondary education schools; legal aid agencies; private attorneys; and any public or private health, welfare or social services organization. Maintain VSU training requirements *(will be, Jan of 2013) Rule §181.52 – Certification Requirements and Procedures (a) Certification Required: A birth registrar may not complete any aspect of the birth registration process without holding a current certification issued by the Vital Statistics Unit. pg 16 of BRC book

A woman adopted her sister’s baby A woman adopted her sister’s baby. The biological mother, who is now the aunt of the child, wants to order a copy of the child’s birth certificate, can it be issued?

A woman adopted her sister’s baby A woman adopted her sister’s baby. The biological mother, who is now the aunt of the child, wants to order a copy of the child’s birth certificate, can it be issued? NO according to TAC 181.1 A properly qualified applicant is “The registrant, or immediate family member either by blood, marriage or adoption, his or her guardian, or his or her legal agent or representative .” Must be a qualified applicant TAC 181.1 (14) Immediate family member--The registrant, his or her guardian, or the children, spouses, parents, siblings, or grandparents of the registrant. If fraud, keep app and copy of id used, can reject record if have not been issued Contact fraud

The Genealogical Society of Utah has access to birth records before the 75th anniversary of the DOB as shown on the record ?

The Genealogical Society of Utah has access to birth records before the 75th anniversary of the DOB as shown on the record ? TRUE according to GC 552.115 (c) (d) “Subsection (a)(1) does not apply to the microfilming agreement entered into by the Genealogical Society of Utah…” “…the Genealogical Society of Utah shall have access to birth records on and after the 50th anniversary of the DOB as shown on the record…” Sec. 552.115. Exception: Confidentiality Of Birth And Death Records A birth or death record maintained by the bureau of vital statistics of the Texas Department of Health or a local registration official is excepted from the requirements of Section 552.021, except that: a birth record is public information and available to the public on and after the 75th anniversary of the date of birth as shown on the record filed with the bureau of vital statistics or local registration official; a death record is public information and available to the public on and after the 25th anniversary of the date of death as shown on the record filed with the bureau of vital statistics or local registration official; (c) Subsection (a)(1) does not apply to the microfilming agreement entered into by the Genealogical Society of Utah, a nonprofit corporation organized under the laws of the State of Utah, and the Archives and Information Services Division of the Texas State Library and Archives Commission. (d) For the purposes of fulfilling the terms of the agreement in Subsection (c), the Genealogical Society of Utah shall have access to birth records on and after the 50th anniversary of the date of birth as shown on the record filed with the bureau of vital statistics or local registration official, but such birth records shall not be made available to the public until the 75th anniversary of the date of birth as shown on the record.

A biological mother completes the mother’s worksheet under an assumed name so that her sister can bypass the legal process of adopting the baby. What type of offense has she committed? Felony of the first degree Felony of the second degree Felony of the third degree None, this is a loophole that the state has been trying to fix for years Still file the fraudulent record (as is, with info from mom) Report it to fraud dept. (suspected fraud so just inform of penalties) Send to OIG fraud unit

Felony of the third degree A biological mother completes the mother’s worksheet under an assumed name so that her sister can bypass the legal process of adopting the baby. What type of offense has she committed? Felony of the third degree according to HSC 195.003 (f) “An offense under this section is a felony of the third degree” Sec. 195.003. False Records. (f) An offense under this section is a felony of the third degree.

What are the “essential elements” to register a noninstitutional birth?

What are the “essential elements” to register a noninstitutional birth? according to TAC 181.26 (c) Proof of pregnancy; Proof that there was an infant born alive; Proof that the birth occurred in the registration district; and Proof that the infant’s birth occurred on the date stated Rule §181.26 - Filing Of Birth Certificates For Infants Born Outside Of A Licensed Institution (c) The essential elements to register a noninstitutional birth are: proof of pregnancy; proof that there was an infant born alive; proof that the birth occurred in the registration district; and proof that the infant's birth occurred on the date stated.

Cont. LRs can investigate as far as they want Content of document(s) is more important than quantity of documents LR must be comfortable with the facts and storyline submitted It is at the LR’s discretion to accept or reject the record

CPS needs to file a birth certificate for a 4 year old child who was removed from a religious sect’s compound. How should CPS proceed? Contact the LR about filing a noninstitutional birth Contact the LR about filing a delayed birth Contact the state about filing a noninstitutional birth Contact the state about filing a delayed birth Since the child is over the age of four it does not matter where the child was born, it is a has to be a delayed record.

Contact the state about filing a delayed birth CPS needs to file a birth certificate for a 4 year old child who was removed from a religious sect’s compound. How should CPS proceed? Contact the state about filing a delayed birth according to HSC 192.022 “Subject to board rules, an application to file a delayed birth certificate for a birth in this state not registered before the one-year anniversary of the date of birth shall be made to the state registrar.” Since the child is over the age of four, where it was born is not a factor, it has to be a delayed record. If it was before the one-year anniversary of the DOB, it can be done through the LR

A couple wants to have a baby using a surrogate mother but without using an assisted reproduction procedure. Can this be covered in the gestational agreement?

A couple wants to have a baby using a surrogate mother but without using an assisted reproduction procedure. Can this be covered in the gestational agreement? NO according to FC 160.754 (f) “A gestational agreement does not apply to the birth of a child conceived by means of sexual intercourse.” A gestational agreement is not simply a contract, but a complicated process with many steps. Most lawyers are unfamiliar with the process and the steps involved. When registering a birth involving a gestational agreement, it is extremely important that one follows what is in the gestational agreement. Even if something is left out of the agreement, the agreement must still be followed. VSU recommends that the facility’s legal department review each of these instances to ensure that the law is being followed.

A pregnant woman goes to the hospital to give birth and after complete extraction from the mother, the fetus is not breathing and shows no signs of life. The fetus was at 19 weeks gestational age and weighed 387 grams. How should the vital event be registered?

A pregnant woman goes to the hospital to give birth and after complete extraction from the mother, the fetus is not breathing and shows no signs of life. The fetus was at 19 weeks gestational age and weighed 387 grams. How should the vital event be registered? as a fetal death according to TAC 181.7 (a) “A certificate of fetal death shall be filed for any fetus weighing 350 grams or more, or if the weight is unknown, a fetus aged 20 weeks or more...” According to TAC 181.1, a fetal death is defined as a death prior to the complete expulsion or extraction from its mother of a product of conception, irrespective of the duration of pregnancy; the death is indicated by the fact that after such separation, the fetus does not breathe or show any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles.

Cont.

Cont. Data are used in the following ways: Fetal deaths are filed manually and cannot be entered into TER Fetal death certificates need to be filed in five days. Fetal death certificates are important because they provide valuable statistical information. Data are used in the following ways: Determine leading causes of death Direct public health planning and policy Help medical research efforts Measure results of programs

Vital Registration Statutes and Codes book Resources Vital Registration Statutes and Codes book www.statutes.legis.state.tx.us www.TexasVSU.org