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.