Texas 2019 - 86th Regular

Texas Senate Bill SB1238

Caption

Relating to the admission, examination, and discharge of a person for mental health services.

Impact

The legislation seeks to enhance the process through which minors can receive mental health services by allowing temporary court authorization under specific conditions. It outlines detailed requirements for petitioning the court, including provisions for medical assessments that support the need for immediate admission. The enactment of SB1238 is expected to streamline the process of obtaining treatment for minors who present serious risks to themselves or others due to mental illness, potentially resulting in better outcomes for vulnerable populations.

Summary

SB1238 focuses on the admission, examination, and discharge processes for individuals seeking mental health services, specifically addressing minors. The bill establishes a framework that allows individuals who have had actual care and custody of a child to petition the court for temporary authority to consent to voluntary inpatient mental health services. This new chapter added to the Family Code emphasizes the importance of legal partnerships in managing the mental health needs of minors, fostering timely interventions where necessary.

Sentiment

Overall, the sentiment surrounding SB1238 appears largely positive, especially among mental health professionals who view the bill as a practical tool for addressing urgent mental health needs in a timely manner. The bill garnered bipartisan support, reflected in its unanimous passage in both chambers of the legislature, indicating a shared recognition of the importance of mental health services access for minors.

Contention

However, there may still be some concerns raised regarding the implications of the bill on parental rights and the possibly expedited processes circumventing traditional consent protocols. While the legislation aims to protect the safety of minors in crisis situations, it also raises questions about ensuring proper legal avenues are followed to guarantee that all stakeholders, particularly parents and guardians, are duly notified throughout the process.

Companion Bills

TX HB3536

Same As Relating to the admission, examination, and discharge of a person for voluntary mental health services.

Previously Filed As

TX SB2628

Relating to medical examinations required for admission to a mental health facility.

TX HB1464

Relating to preliminary examination periods for mental health protective custody and the criteria for and duration of certain court-ordered mental health services.

TX HB3904

Relating to emergency detention by a physician of certain persons with mental illness for preliminary examination at a facility.

TX SB1624

Relating to guardianships and services for incapacitated persons and to the emergency detention of certain persons with mental illness.

TX SB26

Relating to local mental health authority and local behavioral health authority audits and mental and behavioral health reporting, services, and programs.

TX HB3504

Relating to an application for emergency detention, procedures regarding court-ordered mental health services, and certain rights of patients admitted to private mental hospitals and certain other mental health facilities.

TX HB5088

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX SB2479

Relating to procedures regarding certain persons who are or may be persons with a mental illness or intellectual disability.

TX HB2506

Relating to procedures applicable to the emergency detention of a person with mental illness at a mental health facility, including the detention, transportation, and transfer of the person and to certain best practices for courts with jurisdiction over emergency mental health matters.

TX HB4611

Relating to the nonsubstantive revision of the health and human services laws governing the Health and Human Services Commission, Medicaid, and other social services.

Similar Bills

TX HB2439

Relating to the appointment of a temporary guardian to receive certain social security benefits.

NJ S2622

Revises procedures for temporary guardianship.

NJ S4092

Revises procedures for temporary guardianship.

NJ S387

Expands role of temporary guardian to include arranging placement of alleged incapacitated person in appropriate, less restrictive environment.

NM SB35

Appointment Of Temporary Guardians

NJ A5149

Allows for complaint for guardianship of minor receiving developmental disability services to be filed six months before minor reaches age 18; establishes certain standards for filing guardianship complaints.

NJ S3260

Allows complaint for guardianship of minor receiving developmental disability services to be filed six months before minor reaches age 18; establishes certain standards for filing guardianship complaints.

NJ S2332

Allows complaint for guardianship of minor to be filed six months before minor reaches age 18 under certain circumstances; establishes certain standards for filing guardianship complaints.