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  By: A. Johnson of Harris H.B. No. 4091
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the mental health needs of a minor in the managing
  conservatorship of the Department of Family and Protective
  Services.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 572.001(c-2), Health and Safety Code, is
  amended to read as follows:
         (c-2)  The Department of Family and Protective Services may
  request the admission to an inpatient mental health facility of a
  minor in the managing conservatorship of that department only if a
  physician states the physician's opinion, and the detailed reasons
  for that opinion, that the minor is a person:
         (1)  with mental illness or who demonstrates symptoms of a
  serious emotional disorder;, and
         (2)  who presents a risk of serious harm to self or others if
  not immediately restrained or hospitalized.; or
         (2)  whose mental health has deteriorated to the point where
  the minor requires and would benefit from admission into a
  specialty inpatient stabilization treatment program designed
  specifically to meet the mental health needs of minors who need
  further treatment to successfully transition into residential
  treatment or a less restrictive foster care setting.
         SECTION 2.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.