SRC-JLB H.B. 320 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 320
By: Grusendorf (Fraser)
Jurisprudence
4/28/2003
Engrossed


DIGEST AND PURPOSE 

Under current law, if a child's parent or guardian refuses psychotropic
drugs or psychiatric care for the child, this alone can constitute neglect
and be acted on by the Texas Department of Protective and Regulatory
Services (DPRS).  Some psychiatrists and psychologists have serious
concerns about the wisdom of such treatments, pointing out that some
studies show a positive relationship between suicide and the use of some
psychotropic drugs.  Approximately 15 percent of school age children have
been placed on mind- and behavior-altering substances such as Ritalin, and
some parents allege that they are threatened with DPRS investigations if
they refuse such treatment.  

H.B.320 would insure that a refusal by a parent or guardian to seek
psychiatric care or accept the administration of a psycho tropic drug
would not by itself constitute neglect as defined under Section 261.001 of
the Texas Family Code. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 261, Family Code, by adding
Section 261.005, as follows: 
 
Sec. 261.005.  REFUSAL OF PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT OF CHILD.
Provides that the refusal of a parent, guardian, or managing or possessory
conservator of a child to administer or consent to the administration of a
psychotropic drug to the child, or to consent to any other psychiatric or
psychological treatment of the child, does not by itself constitute
neglect under this subtitle unless the refusal to consent presents an
imminent physical risk of serious harm to the child. 
 
SECTION 2.  Effective date:  upon passage or September 1, 2003.