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A BILL TO BE ENTITLED
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AN ACT
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relating to the definitions of child abuse and neglect. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 261.001, Family Code, is amended by |
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adding Subdivision (1-a) and amending Subdivision (4) to read as |
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follows: |
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(1-a) "Abuse" does not include the refusal by a person |
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responsible for a child's care, custody, or welfare to affirm: |
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(A) a child's perception of the child's gender, |
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including a refusal to use a child's preferred name or pronouns, |
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regardless of whether the child's name has been legally changed; or |
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(B) a child's expressed sexual orientation. |
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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); |
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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) a decision by a person responsible |
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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 affirm: |
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(a) a child's perception of the |
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child's gender, including a refusal to use a child's preferred name |
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or pronouns, regardless of whether the child's name has been |
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legally changed; or |
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(b) a child's expressed sexual |
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orientation. |
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SECTION 2. This Act takes effect September 1, 2025. |