By Uher H.B. No. 3565
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to parental rights to admit a minor to private
1-3 rehabilitation and behavior modification facilities.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 462, Health and Safety
1-6 Code, is amended by adding Section 462.022(d) to read as follows:
1-7 Sec. 462.022. VOLUNTARY ADMISSION OF A MINOR.
1-8 (d) Nothing in this Section shall restrict the right of a
1-9 parent or guardian of an unemancipated minor child to commit the
1-10 child to a private rehabilitation or behavior modification facility
1-11 as provided under Section 462.025 of this code.
1-12 SECTION 2. Chapter 462, Health and Safety Code, is amended
1-13 by adding Section 462.023(e) to read as follows:
1-14 Sec. 462.023. DISCHARGE OR RELEASE.
1-15 (e) Nothing in this Section shall grant the right of an
1-16 involuntary patient under the age of 18 committed under Section
1-17 462.025 of this Code the right to discharge or release from a
1-18 private rehabilitation or behavior modification facility.
1-19 SECTION 3. Chapter 462, Health and Safety Code, is amended
1-20 by adding Section 462.025 to read as follows:
1-21 Sec. 462.025. INVOLUNTARY COMMITMENT OF UNEMANCIPATED
2-1 MINORS; CONSENT REQUIREMENT; MINOR'S PETITION FOR COURT ORDER;
2-2 JUDGMENT AND ORDER; APPEAL. (a) A parent or guardian of an
2-3 unemancipated minor child may commit his or her unemancipated minor
2-4 child to a private rehabilitation or behavior modification facility
2-5 should such parent reasonably deem his or her child to be in need
2-6 of such rehabilitation or behavior modification services.
2-7 (b) Such parent or guardian may commit his or her
2-8 unemancipated minor child to such facilities without the consent of
2-9 the child if the child is under the age of 18, subject to the
2-10 minor's right to petition the juvenile court as provided in this
2-11 Section. Such parent or guardian may commit his or her
2-12 unemancipated minor child to such facilities without first
2-13 obtaining professional psychiatric or medical examination of the
2-14 child.
2-15 (c) Any private rehabilitation or behavior modification
2-16 facility must inform any proposed patient, unemancipated minor of
2-17 the minor's right to petition the court as provided in this Section
2-18 and provide the opportunity for the minor to make such petition
2-19 while in the facility, within 14 days of admission.
2-20 (d) a petition to prevent the commitment of the minor to
2-21 such a rehabilitation or behavior modification facility or to
2-22 discharge or release a minor from such a rehabilitation or behavior
2-23 modification facility may be filed with the juvenile courts by:
2-24 (1) the unemancipated minor if the minor deems the
2-25 decision of the minor's parent or guardian to commit the minor to
3-1 such a facility unreasonable and without good cause,
3-2 (2) the unemancipated minor if the minor deems the
3-3 decision of the minor's parent or guardian to detain the minor in
3-4 such a facility beyond a reasonable time,
3-5 (3) a parent or guardian of the unemancipated minor if
3-6 two parents or guardians of a child are in disagreement about
3-7 whether commitment of their child to such a facility is reasonable,
3-8 or
3-9 (4) a parent or guardian of the unemancipated minor if
3-10 two parents or guardians of a child are in disagreement about
3-11 whether to discharge or release a previously committed minor from
3-12 such a facility, provided the parent or guardian filing the
3-13 petition to discharge or release the minor was not denied a
3-14 petition to prevent the commitment of the minor within six months
3-15 of filing the petition to discharge or release the minor.
3-16 (e) If, pursuant to this Section, a minor seeks such a
3-17 petition, the court shall assist the minor or person designated by
3-18 the minor in preparing the petition and notices required pursuant
3-19 to this section. The petition shall set forth with specificity the
3-20 minor's reasons for the request. An unemancipated minor may
3-21 participate in the proceedings in juvenile court, and the court may
3-22 appoint a guardian ad litem for the minor. The court shall advise
3-23 the minor that the minor has a right to court-appointed counsel
3-24 upon request. This hearing shall be set within three days of
3-25 filing the petition.
4-1 (f) At the hearing on a petition pursuant to this Section,
4-2 the court shall consider all evidence duly presented and order one
4-3 of the following:
4-4 (1) If the court finds the minor is sufficiently
4-5 mature and well-behaved or that the parent or guardian's decision
4-6 to commit the minor to such a rehabilitation or behavior
4-7 modification facility is unreasonable, the court shall grant the
4-8 petition preventing the involuntary commitment of the minor to such
4-9 a facility. Such an order shall be valid against all parents or
4-10 guardians of the minor,
4-11 (2) If the court finds the minor is sufficiently
4-12 mature and well-behaved or that the parent or guardian's decision
4-13 to maintain commitment of the minor to such a rehabilitation or
4-14 behavior modification facility is unreasonable, the court shall
4-15 grant the petition to discharge or release the minor from such a
4-16 facility. Such an order shall be valid against all parents and
4-17 guardians of the minor, or
4-18 (3) If the court finds the minor is not sufficiently
4-19 mature and well-behaved or the minor has engaged in "delinquent
4-20 conduct" as defined by Section 51.03(a) of this Code or "conduct
4-21 indicating a need for supervision" as defined in Section 51.03(b)
4-22 of this Code, the court shall deny the petition preventing the
4-23 involuntary commitment of the minor to such a facility.
4-24 (4) Judgment shall be entered within one court day of
4-25 submission of the matter.
5-1 (g) A parent, guardian, or minor may appeal the judgment of
5-2 the juvenile court by filing a written notice of appeal at any time
5-3 after the entry of the judgment. The court shall prescribe the
5-4 practice and procedure on appeal and the time and manner in which
5-5 any record shall be prepared and filed. These procedures shall
5-6 require that the notice of the date, time, and place of hearing,
5-7 which shall be set within five court days of the filing of notice
5-8 of appeal, shall be mailed to the parties by the clerk of the
5-9 court. Judgment on appeal shall be entered within one court day of
5-10 submission of the matter.
5-11 (h) No fees or costs incurred in connection with the
5-12 procedures required by this Section shall be chargeable to the
5-13 minor or to any of the minor's parents or guardians unless the
5-14 court finds a parent or guardian has grossly abused his or her
5-15 rights as defined under Subsection (a) of this Section. In such a
5-16 case, the court may charge fees and costs to the minor's parents or
5-17 guardians as is just and reasonable.