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A BILL TO BE ENTITLED
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AN ACT
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relating to neglect of a child and the grounds for termination of |
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the parent-child relationship and possession of a child by the |
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Department of Family and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.001(c), Family Code, is amended to |
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read as follows: |
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(c) Evidence of one or more of the following does not |
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constitute clear and convincing evidence sufficient for a court to |
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[A court may not] make a finding under Subsection (b) and order |
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termination of the parent-child relationship [based on evidence |
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that the parent]: |
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(1) the parent homeschooled the child; |
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(2) the parent is economically disadvantaged; |
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(3) the parent has been charged with a nonviolent |
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misdemeanor offense other than: |
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(A) an offense under Title 5, Penal Code; |
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(B) an offense under Title 6, Penal Code; or |
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(C) an offense that involves family violence, as |
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defined by Section 71.004 of this code; |
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(4) the parent provided or administered low-THC |
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cannabis to a child for whom the low-THC cannabis was prescribed |
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under Chapter 169, Occupations Code; [or] |
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(5) the parent declined immunization for the child for |
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reasons of conscience, including a religious belief; or |
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(6) the parent allowed the child to engage in |
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independent activities that are appropriate and typical for the |
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child's level of maturity, physical condition, developmental |
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abilities, or culture. |
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SECTION 2. Section 261.001(4), Family Code, is amended to |
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read as follows: |
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(4) "Neglect" means an act or failure to act by a |
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person responsible for a child's care, custody, or welfare |
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evidencing the person's blatant disregard for the consequences of |
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the act or failure to act that results in harm to the child or that |
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creates an immediate danger to the child's physical health or |
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safety and: |
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(A) includes: |
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(i) the leaving of a child in a situation |
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where the child would be exposed to an immediate danger [a |
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substantial risk] of physical or mental harm, without arranging for |
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necessary care for the child, and the demonstration of an intent not |
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to return by a parent, guardian, or managing or possessory |
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conservator of the child; |
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(ii) the following acts or omissions by a |
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person: |
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(a) placing a child in or failing to |
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remove a child from a situation that a reasonable person would |
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realize requires judgment or actions beyond the child's level of |
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maturity, physical condition, or mental abilities and that results |
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in bodily injury or an immediate danger [a substantial risk] of |
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[immediate] harm to the child; |
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(b) failing to seek, obtain, or follow |
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through with medical care for a child, with the failure resulting in |
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or presenting an immediate danger [a substantial risk] of death, |
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disfigurement, or bodily injury or with the failure resulting in an |
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observable and material impairment to the growth, development, or |
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functioning of the child; |
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(c) the failure to provide a child |
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with food, clothing, or shelter necessary to sustain the life or |
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health of the child, excluding failure caused primarily by |
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financial inability unless relief services had been offered and |
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refused; |
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(d) placing a child in or failing to |
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remove the child from a situation in which the child would be |
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exposed to an immediate danger [a substantial risk] of sexual |
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conduct harmful to the child; or |
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(e) placing a child in or failing to |
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remove the child from a situation in which the child would be |
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exposed to acts or omissions that constitute abuse under |
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Subdivision (1)(E), (F), (G), (H), or (K) committed against another |
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child; |
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(iii) the failure by the person responsible |
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for a child's care, custody, or welfare to permit the child to |
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return to the child's home without arranging for the necessary care |
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for the child after the child has been absent from the home for any |
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reason, including having been in residential placement or having |
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run away; or |
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(iv) a negligent act or omission by an |
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employee, volunteer, or other individual working under the auspices |
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of a facility or program, including failure to comply with an |
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individual treatment plan, plan of care, or individualized service |
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plan, that causes or may cause substantial emotional harm or |
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physical injury to, or the death of, a child served by the facility |
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or program as further described by rule or policy; and |
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(B) does not include: |
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(i) the refusal by a person responsible for |
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a child's care, custody, or welfare to permit the child to remain in |
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or return to the child's home resulting in the placement of the |
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child in the conservatorship of the department if: |
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(a) [(i)] the child has a severe |
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emotional disturbance; |
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(b) [(ii)] the person's refusal is |
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based solely on the person's inability to obtain mental health |
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services necessary to protect the safety and well-being of the |
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child; and |
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(c) [(iii)] the person has exhausted |
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all reasonable means available to the person to obtain the mental |
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health services described by Sub-subparagraph (b); or |
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(ii) allowing the child to engage in |
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independent activities that are appropriate and typical for the |
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child's level of maturity, physical condition, developmental |
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abilities, or culture [Subparagraph (ii)]. |
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SECTION 3. Section 262.116(a), Family Code, is amended to |
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read as follows: |
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(a) The Department of Family and Protective Services may not |
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take possession of a child under this subchapter based on evidence |
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that the parent: |
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(1) homeschooled the child; |
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(2) is economically disadvantaged; |
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(3) has been charged with a nonviolent misdemeanor |
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offense other than: |
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(A) an offense under Title 5, Penal Code; |
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(B) an offense under Title 6, Penal Code; or |
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(C) an offense that involves family violence, as |
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defined by Section 71.004 of this code; |
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(4) provided or administered low-THC cannabis to a |
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child for whom the low-THC cannabis was prescribed under Chapter |
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169, Occupations Code; [or] |
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(5) declined immunization for the child for reasons of |
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conscience, including a religious belief; or |
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(6) allowed the child to engage in independent |
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activities that are appropriate and typical for the child's level |
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of maturity, physical condition, developmental abilities, or |
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culture. |
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SECTION 4. This Act takes effect September 1, 2021. |