C.S.H.B. 320 78(R)    BILL ANALYSIS


C.S.H.B. 320
By: Grusendorf
Juvenile Justice & Family Issues
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, if a child's parent or guardian refuses psycho tropic
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). Many 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
psycho tropic drugs. Approximately 15% of school age children have been
placed on mind and behavior altering substances such as Ritalin and
parents too often report that they are threatened with DPRS investigations
if they refuse such treatment.  
 
C.S.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

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

SECTION BY SECTION ANALYSIS

Section 1. Amends Chapter 261, of the Family Code by adding Section
261.005 that 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 psycho tropic drug to the child, or to consent to any
other psychiatric or psychological treatment of the child, does not by
itself constitute neglect unless the refusal to consent presents an
imminent risk of serious harm to the child. 

Section 2. This Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution.  If this Act does not receive
the vote necessary for immediate effect, this Act takes effect September
1, 2003. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect  
September 1, 2003.


COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B.320 modifies the original by adding the phrase "unless the refusal
to consent presents an imminent risk of serious harm to the child" to
Section 261.005, Family Code.