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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of mental health services to persons |
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younger than 18 years of age. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 2, Family Code, is amended by |
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adding Chapter 35A to read as follows: |
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CHAPTER 35A. TEMPORARY AUTHORIZATION FOR INPATIENT MENTAL HEALTH |
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SERVICES FOR MINOR CHILD |
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Sec. 35A.001. APPLICABILITY. This chapter applies to a |
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person whose relationship to a child would make the person eligible |
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to consent to treatment under Section 32.001(1), (2), or (3), and |
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who has had actual care, custody, and control of the child for the |
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six months preceding the filing of a petition under this chapter. |
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Sec. 35A.002. TEMPORARY AUTHORIZATION. A person described |
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by Section 35A.001 may seek a court order for temporary |
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authorization to consent to voluntary inpatient mental health |
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services for a child by filing a petition in the district court in |
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the county in which the person resides. |
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Sec. 35A.003. PETITION FOR TEMPORARY AUTHORIZATION. A |
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petition for temporary authorization to consent to voluntary |
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inpatient mental health services for a child must: |
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(1) be styled "ex parte" and be in the name of the |
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child; |
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(2) be verified by the petitioner; |
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(3) state: |
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(A) the name, date of birth, and current physical |
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address of the child; |
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(B) the name, date of birth, and current physical |
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address of the petitioner; and |
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(C) the name and, if known, the current physical |
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and mailing addresses of the child's parents, conservators, or |
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guardians; |
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(4) describe the status and location of any court |
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proceeding in this or another state with respect to the child; |
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(5) describe the petitioner's relationship to the |
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child; |
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(6) provide the dates during the preceding six months |
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that the child has resided with the petitioner; |
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(7) contain a certificate of medical examination for |
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mental illness prepared by a psychiatrist who has examined the |
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child not earlier than the third day before the date the petition is |
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filed and be accompanied by a sworn statement containing the |
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psychiatrist's opinion, and the detailed reasons for that opinion, |
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that the child is a person: |
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(A) with mental illness or who demonstrates |
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symptoms of a serious emotional disorder; and |
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(B) who presents a risk of serious harm to self or |
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others if not immediately restrained or hospitalized; and |
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(8) state any reason that the petitioner is unable to |
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obtain signed, written documentation from a parent, conservator, or |
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guardian of the child. |
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Sec. 35A.004. NOTICE; HEARING. (a) On receipt of the |
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petition, the court shall set a hearing. |
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(b) A copy of the petition and notice of the hearing shall be |
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delivered to the parent, conservator, or guardian of the child by |
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personal service or by certified mail, return receipt requested, at |
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the last known address of the parent, conservator, or guardian. |
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(c) Proof of service under Subsection (b) must be filed with |
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the court at least three days before the date of the hearing. |
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Sec. 35A.005. ORDER FOR TEMPORARY AUTHORIZATION. (a) At |
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the hearing on the petition, the court may hear evidence relating to |
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the child's need for inpatient mental health services by the |
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petitioner, any other matter raised in the petition, and any |
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objection or other testimony of the child's parent, conservator, or |
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guardian. |
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(b) The court shall dismiss the petition for temporary |
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authorization if an objection is made by the child's parent, |
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conservator, or guardian. |
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(c) The court shall grant the petition for temporary |
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authorization only if the court finds: |
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(1) by a preponderance of the evidence that the child |
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does not have available a parent, conservator, guardian, or other |
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legal representative to give consent under Section 572.001, Health |
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and Safety Code, for voluntary inpatient mental health services; |
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and |
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(2) by clear and convincing evidence that the child is |
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a person: |
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(A) with mental illness or who demonstrates |
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symptoms of a serious emotional disorder; and |
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(B) who presents a risk of serious harm to self or |
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others if not immediately restrained or hospitalized. |
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(d) Subject to Subsection (e), the order granting temporary |
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authorization under this chapter expires on the earliest of: |
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(1) the date the petitioner requests that the child be |
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discharged from the inpatient mental health facility; |
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(2) the date a physician determines that the criteria |
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listed in Subsection (c)(2) no longer apply to the child; or |
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(3) subject to Subsection (e), the 10th day after the |
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date the order for temporary authorization is issued under this |
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section. |
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(e) The order granting temporary authorization continues in |
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effect until the earlier occurrence of an event described by |
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Subsection (d)(1) or (2) if the petitioner obtains an order for |
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temporary managing conservatorship before the order expires as |
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provided by Subsection (d)(3). |
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(f) A copy of an order granting temporary authorization |
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must: |
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(1) be filed under the cause number in any court that |
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has rendered a conservatorship or guardian order regarding the |
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child; and |
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(2) be sent to the last known address of the child's |
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parent, conservator, or guardian. |
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SECTION 2. Section 572.001, Health and Safety Code, is |
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amended by amending Subsections (a), (a-1), (c-1), and (c-2) and |
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adding Subsection (a-2) to read as follows: |
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(a) A person 16 years of age or older may request admission |
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to an inpatient mental health facility or for outpatient mental |
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health services by filing a request with the administrator of the |
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facility where admission or outpatient treatment is |
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requested. Subject to Subsection (c-1), the [The] parent, |
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managing conservator, or guardian of a person younger than 18 years |
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of age may request the admission of the person to an inpatient |
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mental health facility or for outpatient mental health services by |
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filing a request with the administrator of the facility where |
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admission or outpatient treatment is requested. |
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(a-1) A person eligible to consent to treatment for the |
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person under Section 32.001(1), (2), or (3), Family Code, may |
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request temporary authorization for the admission of the person to |
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an inpatient mental health facility by petitioning under Chapter |
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35A, Family Code, in the district court in the county in which the |
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person resides for an order for temporary authorization to consent |
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to voluntary mental health services under this section. The |
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petitioner for temporary authorization may be represented by the |
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county attorney or district attorney. |
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(a-2) Except as provided by Subsection (c-1) [(c)], an |
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inpatient mental health facility may admit or provide services to a |
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person 16 years of age or older and younger than 18 years of age if |
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the person's parent, managing conservator, or guardian consents to |
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the admission or services, even if the person does not consent to |
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the admission or services. |
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(c-1) A person younger than 18 years of age may not be |
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involuntarily committed unless provided by this chapter[, other
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state law,] or department rule. |
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(c-2) If the [The] Department of Family and Protective |
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Services is the guardian or managing conservator of a person |
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younger than 18 years of age, that department may request the |
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admission to an inpatient mental health facility of a minor in the |
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guardianship or managing conservatorship of that department only if |
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a psychiatrist [physician] states under oath the psychiatrist's |
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[physician's] opinion, and the detailed reasons for that opinion, |
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that the minor is a person: |
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(1) with mental illness or who demonstrates symptoms |
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of a serious emotional disorder; and |
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(2) who presents a risk of serious harm to self or |
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others if not immediately restrained or hospitalized. |
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SECTION 3. Section 573.001(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A peace officer, without a warrant, may take a person |
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into custody, regardless of the age of the person, if the officer: |
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(1) has reason to believe and does believe that: |
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(A) the person is a person with mental illness; |
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and |
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(B) because of that mental illness there is a |
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substantial risk of serious harm to the person or to others unless |
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the person is immediately restrained; and |
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(2) believes that there is not sufficient time to |
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obtain a warrant before taking the person into custody. |
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SECTION 4. Section 572.001(c), Health and Safety Code, is |
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repealed. |
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SECTION 5. This Act takes effect September 1, 2019. |