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A BILL TO BE ENTITLED
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AN ACT
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relating to the abuse of a child, termination of the parent-child |
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relationship, and possession of a child by the Department of Family |
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and Protective Services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 161.001(c), Family Code, is amended to |
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read as follows: |
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(c) A court may not make a finding under Subsection (b) and |
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order termination of the parent-child relationship based on |
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evidence that the parent: |
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(1) homeschooled the child; |
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(2) is economically disadvantaged; |
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(3) has been charged with a nonviolent misdemeanor |
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offense other than: |
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(A) an offense under Title 5, Penal Code; |
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(B) an offense under Title 6, Penal Code; or |
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(C) an offense that involves family violence, as |
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defined by Section 71.004 of this code; |
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(4) provided or administered: |
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(A) low-THC cannabis to a child for whom the |
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low-THC cannabis was prescribed under Chapter 169, Occupations |
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Code; or |
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(B) marihuana as defined by Section 481.002, |
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Health and Safety Code, or a product that contains marihuana to a |
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child, if the parent believes that the provision or administration |
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of the marihuana is in the best interest of the child; or |
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(5) declined immunization for the child for reasons of |
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conscience, including a religious belief. |
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SECTION 2. Section 261.001(1), Family Code, is amended to |
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read as follows: |
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(1) "Abuse" includes the following acts or omissions |
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by a person: |
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(A) mental or emotional injury to a child that |
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results in an observable and material impairment in the child's |
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growth, development, or psychological functioning; |
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(B) causing or permitting the child to be in a |
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situation in which the child sustains a mental or emotional injury |
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that results in an observable and material impairment in the |
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child's growth, development, or psychological functioning; |
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(C) physical injury that results in substantial |
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harm to the child, or the genuine threat of substantial harm from |
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physical injury to the child, including an injury that is at |
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variance with the history or explanation given and excluding an |
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accident or reasonable discipline by a parent, guardian, or |
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managing or possessory conservator that does not expose the child |
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to a substantial risk of harm; |
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(D) failure to make a reasonable effort to |
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prevent an action by another person that results in physical injury |
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that results in substantial harm to the child; |
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(E) sexual conduct harmful to a child's mental, |
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emotional, or physical welfare, including conduct that constitutes |
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the offense of continuous sexual abuse of young child or children |
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under Section 21.02, Penal Code, indecency with a child under |
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Section 21.11, Penal Code, sexual assault under Section 22.011, |
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Penal Code, or aggravated sexual assault under Section 22.021, |
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Penal Code; |
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(F) failure to make a reasonable effort to |
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prevent sexual conduct harmful to a child; |
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(G) compelling or encouraging the child to engage |
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in sexual conduct as defined by Section 43.01, Penal Code, |
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including compelling or encouraging the child in a manner that |
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constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, prostitution under Section |
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43.02(b), Penal Code, or compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(H) causing, permitting, encouraging, engaging |
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in, or allowing the photographing, filming, or depicting of the |
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child if the person knew or should have known that the resulting |
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photograph, film, or depiction of the child is obscene as defined by |
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Section 43.21, Penal Code, or pornographic; |
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(I) the current use by a person of a controlled |
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substance as defined by Chapter 481, Health and Safety Code, in a |
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manner or to the extent that the use results in physical, mental, or |
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emotional injury to a child; |
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(J) causing, expressly permitting, or |
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encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code, unless the controlled |
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substance is: |
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(i) low-THC cannabis that was prescribed |
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for the child under Chapter 169, Occupations Code; or |
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(ii) marihuana as defined by Section |
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481.002, Health and Safety Code, or a product that contains |
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marihuana and the parent believes that the provision of the |
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marihuana is in the best interest of the child; |
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(K) causing, permitting, encouraging, engaging |
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in, or allowing a sexual performance by a child as defined by |
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Section 43.25, Penal Code; |
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(L) knowingly causing, permitting, encouraging, |
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engaging in, or allowing a child to be trafficked in a manner |
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punishable as an offense under Section 20A.02(a)(5), (6), (7), or |
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(8), Penal Code, or the failure to make a reasonable effort to |
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prevent a child from being trafficked in a manner punishable as an |
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offense under any of those sections; or |
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(M) forcing or coercing a child to enter into a |
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marriage. |
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SECTION 3. Section 262.116(a), Family Code, is amended to |
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read as follows: |
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(a) The Department of Family and Protective Services may not |
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take possession of a child under this subchapter based on evidence |
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that the parent: |
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(1) homeschooled the child; |
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(2) is economically disadvantaged; |
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(3) has been charged with a nonviolent misdemeanor |
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offense other than: |
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(A) an offense under Title 5, Penal Code; |
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(B) an offense under Title 6, Penal Code; or |
|
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(C) an offense that involves family violence, as |
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defined by Section 71.004 of this code; |
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(4) provided or administered: |
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(A) low-THC cannabis to a child for whom the |
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low-THC cannabis was prescribed under Chapter 169, Occupations |
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Code; or |
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(B) marihuana as defined by Section 481.002, |
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Health and Safety Code, or a product that contains marihuana to a |
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child, if the parent believes that the provision or administration |
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of the marihuana is in the best interest of the child; or |
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(5) declined immunization for the child for reasons of |
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conscience, including a religious belief. |
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SECTION 4. This Act takes effect September 1, 2019. |