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A BILL TO BE ENTITLED
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AN ACT
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relating to a court order for medical or mental health care for a |
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child in the conservatorship of the Department of Family and |
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Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 266, Family Code, is |
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amended to read as follows: |
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CHAPTER 266. MEDICAL CARE AND EDUCATIONAL SERVICES FOR CHILDREN IN |
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CONSERVATORSHIP OF DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES |
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[FOSTER CARE] |
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SECTION 2. Chapter 266, Family Code, is amended by adding |
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Section 266.005 to read as follows: |
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Sec. 266.005. CONSULTATION FOR MEDICAL CARE. (a) A court |
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may not render an order requiring or prohibiting medical care, |
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including mental health care, for a child in the conservatorship of |
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the department unless: |
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(1) the court verifies that a medical or mental health |
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professional, as appropriate, has been consulted regarding the |
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proposed care; and |
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(2) evidence of the medical or mental health |
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professional's consultation or recommendation is admitted as |
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evidence. |
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(b) Subsection (a) does not apply to a court order for |
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emergency medical care, including mental health care, for a child |
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in the conservatorship of the department. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2017. |