By Goodman                                             H.B. No. 592
         77R1235 KLA-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the abuse or neglect of a child.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Sections 261.001(1) and (4), Family Code, are
 1-5     amended to read as follows:
 1-6                 (1)  "Abuse" includes the following acts or omissions
 1-7     by a person:
 1-8                       (A)  mental or emotional injury to a child that
 1-9     impairs or results in a substantial risk of [an observable and
1-10     material] impairment in the child's growth, development, or
1-11     psychological functioning;
1-12                       (B)  causing or permitting the child to be in a
1-13     situation in which the child sustains a mental or emotional injury
1-14     that impairs or results in a substantial risk of [an observable and
1-15     material] impairment in the child's growth, development, or
1-16     psychological functioning;
1-17                       (C)  physical injury that results in substantial
1-18     harm to the child, or the genuine threat of substantial harm from
1-19     physical injury to the child, including an injury that is at
1-20     variance with the history or explanation given and excluding an
1-21     accident or reasonable discipline by a parent, guardian, or
1-22     managing or possessory conservator that does not expose the child
1-23     to a substantial risk of harm;
1-24                       (D)  failure to make a reasonable effort to
 2-1     prevent an action by another person that results in physical injury
 2-2     that results in substantial harm to the child;
 2-3                       (E)  sexual conduct harmful to a child's mental,
 2-4     emotional, or physical welfare;
 2-5                       (F)  failure to make a reasonable effort to
 2-6     prevent sexual conduct harmful to a child;
 2-7                       (G)  compelling or encouraging the child to
 2-8     engage in sexual conduct as defined by Section 43.01, Penal Code;
 2-9                       (H)  causing, permitting, encouraging, engaging
2-10     in, or allowing the photographing, filming, or depicting of the
2-11     child if the person knew or should have known that the resulting
2-12     photograph, film, or depiction of the child is obscene as defined
2-13     by Section 43.21, Penal Code, or pornographic;
2-14                       (I)  the current use by a person of a controlled
2-15     substance as defined by Chapter 481, Health and Safety Code, in a
2-16     manner or to the extent that the use results in physical, mental,
2-17     or emotional injury to a child; or
2-18                       (J)  causing, expressly permitting, or
2-19     encouraging a child to use a controlled substance as defined by
2-20     Chapter 481, Health and Safety Code.
2-21                 (4)  "Neglect" includes:
2-22                       (A)  the leaving of a child in a situation where
2-23     the child would be exposed to a substantial risk of physical or
2-24     mental harm, without arranging for necessary care for the child,
2-25     and the demonstration of an intent not to return by a parent,
2-26     guardian, or managing or possessory conservator of the child;
2-27                       (B)  the following acts or omissions by a person:
 3-1                             (i)  placing a child in or failing to
 3-2     remove a child from a situation that a reasonable person would
 3-3     realize requires judgment or actions beyond the child's level of
 3-4     maturity, physical condition, or mental abilities and that results
 3-5     in bodily injury or a substantial risk of immediate harm to the
 3-6     child;
 3-7                             (ii)  failing to seek, obtain, or follow
 3-8     through with medical care for a child, with the failure resulting
 3-9     in or presenting a substantial risk of death, disfigurement, or
3-10     bodily injury or with the failure resulting in or presenting a
3-11     substantial risk of [an observable and material] impairment to the
3-12     growth, development, or functioning of the child;
3-13                             (iii)  the failure to provide a child with
3-14     food, clothing, or shelter necessary to sustain the life or health
3-15     of the child, excluding failure caused primarily by financial
3-16     inability unless relief services had been offered and refused; or
3-17                             (iv)  placing a child in or failing to
3-18     remove the child from a situation in which the child would be
3-19     exposed to a substantial risk of sexual conduct harmful to the
3-20     child; or
3-21                       (C)  the failure by the person responsible for a
3-22     child's care, custody, or welfare to permit the child to return to
3-23     the child's home without arranging for the necessary care for the
3-24     child after the child has been absent from the home for any reason,
3-25     including having been in residential placement or having run away.
3-26           SECTION 2.  This Act takes effect immediately if it receives
3-27     a vote of two-thirds of all the members elected to each house, as
 4-1     provided by Section 39, Article III, Texas Constitution.  If this
 4-2     Act does not receive the vote necessary for immediate effect, this
 4-3     Act takes effect September 1, 2001.
 4-4           SECTION 3.  The change in law made by this Act applies to:
 4-5                 (1)  a proceeding in which an investigation of the
 4-6     abuse or neglect of a child is pending on or after the effective
 4-7     date of this Act; and
 4-8                 (2)  a suit affecting the parent-child relationship
 4-9     commenced on or after the effective date of this Act.