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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of abuse and neglect of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 71.004, Family Code, is amended to read |
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as follows: |
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Sec. 71.004. FAMILY VIOLENCE. "Family violence" means: |
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(1) an act by a member of a family or household against |
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another member of the family or household that is intended to result |
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in physical harm, bodily injury, assault, or sexual assault or that |
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is a threat that reasonably places the member in fear of imminent |
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physical harm, bodily injury, assault, or sexual assault, but does |
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not include defensive measures to protect oneself; |
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(2) abuse, as that term is defined by Sections |
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261.001(1)(A)(iii), (v), (vii), (viii), (ix), (x), (xi), and (xiii) |
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[261.001(1)(C), (E), (G), (H), (I), (J), (K), and (M)], by a member |
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of a family or household toward a child of the family or household; |
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or |
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(3) dating violence, as that term is defined by |
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Section 71.0021. |
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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: |
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(A) the following acts or omissions by a person: |
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(i) [(A)] mental or emotional injury to a |
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child 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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(ii) [(B)] causing or permitting the child |
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to be in a situation in which the child sustains a mental or |
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emotional injury that results in an observable and material |
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impairment in the child's growth, development, or psychological |
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functioning; |
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(iii) [(C)] physical injury that results in |
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substantial harm to the child, or the genuine threat of substantial |
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harm from physical injury to the child, including an injury that is |
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at 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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(iv) [(D)] failure to make a reasonable |
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effort to prevent an action by another person that results in |
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physical injury that results in substantial harm to the child; |
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(v) [(E)] sexual conduct harmful to a |
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child's mental, emotional, or physical welfare, including conduct |
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that constitutes the offense of continuous sexual abuse of young |
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child or disabled individual under Section 21.02, Penal Code, |
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indecency with a child under Section 21.11, Penal Code, sexual |
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assault under Section 22.011, Penal Code, or aggravated sexual |
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assault under Section 22.021, Penal Code; |
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(vi) [(F)] failure to make a reasonable |
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effort to prevent sexual conduct harmful to a child; |
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(vii) [(G)] compelling or encouraging the |
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child to engage in sexual conduct as defined by Section 43.01, Penal |
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Code, including compelling or encouraging the child in a manner |
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that constitutes an offense of trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code, solicitation of prostitution under |
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Section 43.021, Penal Code, or compelling prostitution under |
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Section 43.05(a)(2), Penal Code; |
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(viii) [(H)] causing, permitting, |
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encouraging, engaging in, or allowing the photographing, filming, |
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or depicting of the child if the person knew or should have known |
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that the resulting photograph, film, or depiction of the child is |
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obscene as defined by Section 43.21, Penal Code, or pornographic; |
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(ix) [(I)] the current use by a person of a |
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controlled substance as defined by Chapter 481, Health and Safety |
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Code, in a manner or to the extent that the use results in physical, |
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mental, or emotional injury to a child; |
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(x) [(J)] causing, expressly permitting, |
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or encouraging a child to use a controlled substance as defined by |
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Chapter 481, Health and Safety Code; |
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(xi) [(K)] causing, permitting, |
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encouraging, engaging in, or allowing a sexual performance by a |
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child as defined by Section 43.25, Penal Code; |
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(xii) [(L)] knowingly causing, permitting, |
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encouraging, engaging in, or allowing a child to be trafficked in a |
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manner punishable as an offense under Section 20A.02(a)(5), (6), |
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(7), or (8), Penal Code, or the failure to make a reasonable effort |
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to prevent a child from being trafficked in a manner punishable as |
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an offense under any of those sections; or |
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(xiii) [(M)] forcing or coercing a child to |
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enter into a marriage; and |
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(B) an employee, volunteer, or other individual |
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working under the auspices of a school, facility, or program using a |
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form of restraint on a child or secluding a child in a manner that |
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does not comply with federal law, state law, state rules, or other |
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applicable regulations for the school, facility, or program. |
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SECTION 3. Section 261.001(4), Family Code, as amended by |
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Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th |
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Legislature, Regular Session, 2021, is reenacted and amended to |
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read as follows: |
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(4) "Neglect" means an act or failure to act by a |
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person responsible for a child's care, custody, or welfare |
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evidencing the person's blatant disregard for the consequences of |
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the act or failure to act that results in harm to the child or that |
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creates an immediate danger to the child's physical health or |
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safety and: |
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(A) includes: |
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(i) the leaving of a child in a situation |
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where the child would be exposed to an immediate danger of physical |
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or mental harm, without arranging for necessary care for the child, |
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and the demonstration of an intent not to return by a parent, |
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guardian, or managing or possessory conservator of the child; |
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(ii) the following acts or omissions by a |
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person: |
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(a) placing a child in or failing to |
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remove a child from a situation that a reasonable person would |
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realize requires judgment or actions beyond the child's level of |
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maturity, physical condition, or mental abilities and that results |
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in bodily injury or an immediate danger of harm to the child; |
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(b) failing to seek, obtain, or follow |
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through with medical care for a child, with the failure resulting in |
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or presenting an immediate danger of death, disfigurement, or |
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bodily injury or with the failure resulting in an observable and |
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material impairment to the growth, development, or functioning of |
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the child; |
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(c) the failure to provide a child |
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with food, clothing, or shelter necessary to sustain the life or |
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health of the child, excluding failure caused primarily by |
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financial inability unless relief services had been offered and |
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refused; |
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(d) placing a child in or failing to |
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remove the child from a situation in which the child would be |
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exposed to an immediate danger of sexual conduct harmful to the |
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child; or |
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(e) placing a child in or failing to |
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remove the child from a situation in which the child would be |
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exposed to acts or omissions that constitute abuse under |
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Subdivision (1)(A)(v), (vi), (vii), (viii), or (xi) [(1)(E), (F), |
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(G), (H), or (K)] committed against another child; |
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(iii) the failure by the person responsible |
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for a child's care, custody, or welfare to permit the child to |
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return to the child's home without arranging for the necessary care |
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for the child after the child has been absent from the home for any |
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reason, including having been in residential placement or having |
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run away; or |
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(iv) a negligent act or omission by an |
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employee, volunteer, or other individual working under the auspices |
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of a school, facility, or program, including failure to comply with |
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an individual treatment plan, plan of care, or individualized |
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service plan, that causes or may cause substantial emotional harm |
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or physical injury to, or the death of, a child served by the |
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school, facility, or program as further described by rule or |
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policy; and |
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(B) does not include: |
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(i) the refusal by a person responsible for |
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a child's care, custody, or welfare to permit the child to remain in |
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or return to the child's home resulting in the placement of the |
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child in the conservatorship of the department if: |
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(a) the child has a severe emotional |
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disturbance; |
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(b) the person's refusal is based |
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solely on the person's inability to obtain mental health services |
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necessary to protect the safety and well-being of the child; and |
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(c) the person has exhausted all |
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reasonable means available to the person to obtain the mental |
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health services described by Sub-subparagraph (b); [or] |
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(ii) allowing the child to engage in |
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independent activities that are appropriate and typical for the |
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child's level of maturity, physical condition, developmental |
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abilities, or culture; or |
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(iii) [(ii)] a decision by a person |
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responsible for a child's care, custody, or welfare to: |
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(a) obtain an opinion from more than |
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one medical provider relating to the child's medical care; |
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(b) transfer the child's medical care |
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to a new medical provider; or |
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(c) transfer the child to another |
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health care facility. |
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SECTION 4. To the extent of any conflict, this Act prevails |
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over another Act of the 88th Legislature, Regular Session, 2023, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 5. This Act takes effect September 1, 2023. |