BILL ANALYSIS

H.B. 3515

By: Holt

Judiciary & Civil Jurisprudence

Committee Report (Unamended)

BACKGROUND AND PURPOSE

The bill author has informed the committee that there are growing concerns surrounding the use of parental reunification therapy in suits affecting the parent-child relationship, which involves reprogramming a child to accept a parent with whom they did not want to have a relationship. The bill author has further informed the committee that such treatment is not recognized by the medical community and is often a costly treatment that is not covered by insurance. Since the passage of Kayden's Law at the federal level, which bans court-ordered reunification treatment unless certain conditions are met, at least six states--California, Utah, Tennessee, Arizona, Pennsylvania and Colorado--have passed laws on this subject. The bill author has informed the committee that, as other states pass these laws, Texas is becoming a sanctuary for this dangerous practice. H.B. 3515, the Safe Haven Act, seeks to ensure that such therapy is conducted ethically and safely, prioritizing the well-being of children, by prohibiting a court in a suit affecting the parent-child relationship from requiring a child to participate in parental reunification therapy without the consent of both parents and setting out certain prohibitions relating to the use of court-ordered parental reunification therapy regardless of parental consent.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 3515 amends the Family Code to prohibit a court in a suit affecting the parent-child relationship from requiring a child to participate in parental reunification therapy without the consent of both parents. The bill specifies that "parental reunification therapy" includes any therapy, treatment, program, camp, or service that is intended to address, repair, or remediate a child's relationship with a parent. The bill also prohibits a court, regardless of whether both parents consent, from ordering parental reunification therapy that requires, involves, or may result in any of the following:

·         a prohibition on contact between the child and the child's other parent, a nonparent appointed as a conservator of the child, or another family member to whom the child is related within the second degree of consanguinity or affinity;

·         the parent and child staying together overnight or traveling together out of state;

·         the rendition of an order of modification under applicable state law temporarily transferring conservatorship or possession of the child to the parent seeking reunification;

·         the use of transportation services or agents that engage in the use or threat of force or physical obstruction or other actions that place the child's safety at risk; or

·         the use of or threats of physical force, undue influence, verbal abuse, or isolation from the child's sources of support.

The bill establishes that these prohibitions may not be construed to prohibit a court from ordering a party to attend and complete a battering intervention and prevention program under statutory provisions relating to parties with a history of domestic violence or sexual abuse. The bill authorizes a person who is a party to a suit involving an order that violates these bill provisions to bring an action seeking a motion to vacate or modify the order or judicial review of the court's decision. These bill provisions apply to a suit affecting the parent-child relationship that is pending in a trial court on the bill's effective date or filed on or after that date. The bill establishes that the enactment of these bill provisions constitutes a material and substantial change of circumstances sufficient to warrant modification of a court order or portion of a decree that provides for the possession of or access to a child rendered before the bill's effective date.

H.B. 3515 prohibits an entity that provides parental reunification therapy from providing services unless the entity operates under a contract for service that includes explicit details of the entity's processes, protocols, or procedures for the therapy and is signed by all parties participating in the therapy after each party is fully informed of those details. The bill authorizes a person who has reason to believe that an entity has violated this prohibition to file a complaint with the Texas State Board of Examiners of Professional Counselors or another appropriate licensing authority.

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2025.