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A BILL TO BE ENTITLED
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AN ACT
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relating to neglect of a child and the grounds for termination of |
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the parent-child relationship and possession of a child by the |
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Department of Family 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, 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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(c) Evidence of one or more of the following does not |
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constitute clear and convincing evidence sufficient for a court to |
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make a finding under Subsection (b) and order termination of the |
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parent-child relationship: |
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(1) the parent homeschooled the child; |
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(2) the parent is economically disadvantaged; |
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(3) the parent has been charged with a nonviolent |
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misdemeanor 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) the parent provided or administered low-THC |
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cannabis to a child for whom the low-THC cannabis was prescribed |
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under Chapter 169, Occupations Code; |
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(5) the parent declined immunization for the child for |
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reasons of conscience, including a religious belief; [or] |
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(6) the parent sought an opinion from more than one |
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medical provider relating to the child's medical care, transferred |
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the child's medical care to a new medical provider, or transferred |
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the child to another health care facility; |
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(7) [(6)] the parent allowed 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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(8) the parent refused to administer or consent to the |
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administration of a psychotropic medication to the child, or to |
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consent to any other psychiatric or psychological treatment of the |
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child, unless the refusal: |
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(A) presents a substantial risk of death, |
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disfigurement, or bodily injury to the child; or |
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(B) results in an observable and material |
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impairment to the growth, development, or functioning of the child. |
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SECTION 2. 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)(E), (F), (G), (H), or (K) committed against another |
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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 facility or program, including failure to comply with an |
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individual treatment plan, plan of care, or individualized service |
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plan, that causes or may cause substantial emotional harm or |
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physical injury to, or the death of, a child served by the facility |
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or program as further described by rule or 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; |
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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; or |
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(iv) the refusal by a person responsible |
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for a child's care, custody, or welfare to administer or consent to |
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the administration of a psychotropic medication to the child, or to |
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consent to any other psychiatric or psychological treatment of the |
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child, unless the refusal: |
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(a) presents a substantial risk of |
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death, disfigurement, or bodily injury to the child; or |
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(b) results 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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SECTION 3. Section 262.116(a), 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 |
|
|
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; |
|
|
(B) an offense under Title 6, Penal Code; or |
|
|
(C) an offense that involves family violence, as |
|
|
defined by Section 71.004 of this code; |
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(4) provided or administered low-THC cannabis to a |
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child for whom the low-THC cannabis was prescribed under Chapter |
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169, Occupations Code; |
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(5) declined immunization for the child for reasons of |
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conscience, including a religious belief; [or] |
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(6) sought an opinion from more than one medical |
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provider relating to the child's medical care, transferred the |
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child's medical care to a new medical provider, or transferred the |
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child to another health care facility; |
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(7) [(6)] allowed the child to engage in independent |
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activities that are appropriate and typical for the child's level |
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of maturity, physical condition, developmental abilities, or |
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culture; [or] |
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(8) [(7)] tested positive for marihuana, unless the |
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department has evidence that the parent's use of marihuana has |
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caused significant impairment to the child's physical or mental |
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health or emotional development; or |
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(9) refused to administer or consent to the |
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administration of a psychotropic medication to the child, or to |
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consent to any other psychiatric or psychological treatment of the |
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child, unless the refusal: |
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(A) presents a substantial risk of death, |
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disfigurement, or bodily injury to the child; or |
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(B) results in an observable and material |
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impairment to the growth, development, or functioning of the child. |
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SECTION 4. The changes in law made by this Act apply only to |
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a suit filed by the Department of Family and Protective Services on |
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or after the effective date of this Act. A suit filed by the |
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department before that date is governed by the law in effect on the |
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date the suit was filed, and the former law is continued in effect |
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for that purpose. |
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SECTION 5. 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 6. This Act takes effect September 1, 2023. |