By: Frank H.B. No. 5030
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the definition of neglect of a child and suits affecting
  the parent-child relationship in which the Department of Family and
  Protective Services central is appointed joint managing
  conservator with the parent.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 261.001(4)(B)(i), Family Code, is
  amended to read as follows:
               (i)  the refusal by a person responsible for a child's
  care, custody, or welfare to permit the child to remain in or return
  to the child's home resulting in the placement of the child in the
  joint managing conservatorship of the department pursuant to
  section 262.352 if:
                           (a)  the child has a severe emotional
  disturbance;
                           (b)  the person's refusal is based solely on
  the person's inability to obtain mental health services necessary
  to protect the safety and well-being of the child; and
                           (c)  the person has exhausted all reasonable
  means available to the person to obtain the mental health services
  described by Sub-subparagraph (b.
         SECTION 2.  Section 262.352, Family Code, is amended to read
  as follows:
         (b) Expired. Before a court may enter an order appointing the
  department as the child's joint managing conservator with the
  parent or legal guardian, the court must find sufficient evidence
  to satisfy a person of ordinary prudence and caution that:
               (1)  the parent or legal guardian has exhausted all
  reasonable means available to the parent or legal guardian to
  obtain mental health services to meet the child's needs;
               (2)  the department is able to provide the services
  necessary to meet the child's mental health needs;
               (3)  the department has identified an available
  licensed placement for the child that can meet the child's mental
  health needs;
               (4)  the parent or legal guardian has agreed to
  actively participate in the child's service plan in preparation for
  the child's return home; and
               (5)  the orders appointing the parent and the
  department as the child's joint managing conservators is in the
  child's best interest.
         (c) Expired. Unless the court finds that the parent is
  indigent, the court shall order child support and medical support
  to be paid to the department in the amount equal to the cost of care
  to offset the cost of the child's placement and medical care.
         (d) A child in the joint managing conservatorship of the
  parent or legal guardian and the department shall not receive
  temporary emergency care under Section 264.107(g) in a hotel or
  other unlicensed setting.
         (e) If the department has not identified an available
  licensed placement for the child that can meet the child's mental
  health needs, the court shall either:
                     (i)  Order that the child be placed with the
  parent or legal guardian until another available licensed setting
  is identified by the department, or
                     (ii)  Discharge the department as the child's
  joint managing conservator and dismiss the suit affecting the
  parent-child relationship.
         SECTION 2.  This Act takes effect September 1, 2023.