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A BILL TO BE ENTITLED
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AN ACT
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relating to the definition of child neglect and to the appointment |
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of the Department of Family and Protective Services and a child's |
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parent or legal guardian as joint managing conservators of the |
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child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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, including joint |
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managing conservatorship under Section 262.352, 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 2. Section 262.352, Family Code, is amended to read |
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as follows: |
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Sec. 262.352. JOINT MANAGING CONSERVATORSHIP OF CHILD. (a) |
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In this section, "hotel" has the meaning assigned by Section |
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792.001, Health and Safety Code. |
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(b) Before the department files a suit affecting the |
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parent-child relationship requesting managing conservatorship of a |
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child who suffers from a severe emotional disturbance in order to |
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obtain mental health services for the child, the department must, |
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unless it is not in the best interest of the child, discuss with the |
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child's parent or legal guardian the option of seeking a court order |
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for joint managing conservatorship of the child with the |
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department. |
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(c) A court shall enter an order appointing the department |
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and the child's parent or legal guardian as joint managing |
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conservators of the child if the court finds sufficient evidence to |
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satisfy a person of ordinary prudence and caution that: |
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(1) the child's parent or legal guardian has exhausted |
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all reasonable means available to the parent or legal guardian to |
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obtain mental health services to meet the child's needs; |
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(2) the child's parent or legal guardian has agreed to |
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actively participate in the child's service plan in preparation for |
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the child's return to the parent or legal guardian; |
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(3) the department is able to provide services |
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necessary to meet the child's mental health needs; |
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(4) the department has identified an available |
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licensed placement or a relative or other designated caregiver for |
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the child to meet the child's mental health needs; and |
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(5) joint managing conservatorship of the child is in |
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the child's best interest. |
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(d) A child in the joint managing conservatorship of the |
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department and the child's parent or legal guardian may not receive |
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temporary emergency care under Section 264.107(g) in a hotel or |
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other unlicensed setting. |
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(e) To offset the cost of the child's placement and medical |
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care, the court shall order the parent to pay child support and |
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medical support to the department in an amount equal to the cost of |
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care, unless the court finds that the parent is indigent. |
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(f) If the department is unable to identify an available |
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licensed placement to meet the mental health needs of a child in the |
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joint managing conservatorship of the department, the court shall: |
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(1) order the child to be placed with the child's |
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parent or legal guardian until the department identifies an |
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available licensed placement for the child; or |
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(2) remove the department as a joint managing |
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conservator of the child and dismiss the suit affecting the |
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parent-child relationship. |
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SECTION 3. 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 4. This Act takes effect September 1, 2023. |